Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Argentina (Ratification: 2001)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 11 September 2017, and the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Commercial sexual exploitation of children and sale and trafficking for this purpose. In its previous comments, the Committee noted that the CTA and the General Confederation of Labour (CGT), while highlighting the recent progress made at the legislative level, particularly in relation to the repression of trafficking, nevertheless considered that the Government needed to reinforce the inspection system. The Committee also noted Act No. 26482 of 26 December 2012 to combat trafficking in persons, which extends the definition of the types of exploitation falling within the scope of the Act and increases the severity of the related penalties. The Committee noted the establishment of the Executive Council to Combat Human Trafficking and Exploitation, the action taken by the Federal Justice Council to develop means of prevention and the investigation of crimes relating to trafficking in persons and, finally, the programmes of several ministries focusing on policies to build capacities and provide the necessary technical assistance for the detection of situations of trafficking, the provision of assistance to victims and the prosecution of perpetrators.

With regard to the capacity of the labour inspection services to supervise and enforce the legislation, the Committee noted the adoption of Act No. 26940 to promote registered work and prevent labour fraud, establishing; (i) a public registry of employers which have received labour sanctions (REPSAL), including for violations of the legislation prohibiting child trafficking and child labour; and (ii) a statistical information system (COODITIA), which centralizes the data gathered by the labour inspection services.

The Committee notes the observations of the CTA emphasizing the recent progress at the legislative level, and an improvement in the effectiveness of the inspection system. However, the CTA indicates that the real situation on the ground has not changed and that Argentina remains a country of destination, origin and transit with regard to the trafficking of women and children for sexual exploitation.

The Committee notes the Government’s indication in its report that the Secretariat for Children, Young Persons and the Family (SENNAF) is taking action in all fields of trafficking in persons, including the trafficking of persons under 18 years of age. The SENNAF has taken actions by means of developing of protocols and model approaches applied in various provinces. The Government also reports the adoption of Resolution No. 1280/2015 approving a single protocol to coordinate action in relation to the trafficking of persons and the protection of victims. The Committee notes the document published by the Ministry of Public Finance and the Directorate of Protection against Trafficking and Exploitation of Persons (PROTEX) containing instructions on how to obtain evidence from victims of trafficking. The Committee also notes the Government’s indications that, since 2014, PROTEX has recorded 45 cases of the exploitation of minors, including 20 cases of sexual exploitation, of which 19 resulted in convictions. Finally, the Government indicates that supplementary training has been provided to 1,558 labour inspectors on the detection of trafficking in persons. The Committee requests the Government to continue providing information on the measures taken to strengthen the resources available to the labour inspection services and their results in terms of the number of children removed from trafficking for commercial sexual exploitation. It also requests the Government to continue providing information on the violations reported, investigations, prosecutions, convictions and penal sanctions applied in the context of cases of the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted section 2(c) of Act No. 26482 which includes, among the conduct prohibited by the Act, the offering, promotion or exploitation of the prostitution of others, and Decree No. 936 of 2012 prohibiting the advertisement or commercial offering of sexual services and explicit or implicit requests for such services.

The Committee notes that, according to the CTA, girls under 18 years of age engage in prostitution due to the lack of enforcement of the law in practice and the absence of detection, investigation, prosecution and the conviction of perpetrators. The Committee notes that the Government has not provided information on child prostitution. However, it notes that, in its concluding observations of November 2016, the Committee on the Elimination of Discrimination against Women noted with concern the presence of girls in prostitution in Argentina, in addition to the lack of effective prevention policies and measures to investigate, prosecute and convict all the perpetrators involved in the prostitution of girls (CEDAW/C/ARG/CO/7, paragraph 22). The Committee therefore once again requests the Government to provide information on the effect given in practice to section 2(c) of Act No. 26482 regarding child prostitution, including any statistics indicating the number and nature of the offences reported, investigations, prosecutions, and convictions and sanctions applied in this context.

Article 8. International cooperation. The Committee notes that Argentina is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, the objective of which is to reinforce intergovernmental cooperation to combat child labour through prevention and intra- and inter-sectoral institutional coordination. The Committee requests the Government to provide information on the measures taken for the implementation of the Regional Initiative.