Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United States of America (Ratification: 1999)

The Committee notes the communication of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) dated 6 June 2005. It also notes that the Government’s report has not been received and must therefore repeat its previous observation, which read as follows:

The Committee takes note of the Government’s detailed reports, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 9 January 2004. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery. The Committee observes that, by virtue of Title 18 of the United States Code (USC), section 1583, anyone who kidnaps or carries away any other person, with the intent that such person be sold into involuntary servitude or held as a slave, commits an offence. Title 18 USC, section 1584, provides that anyone who knowingly and wilfully holds a person to involuntary servitude or sells into any condition of involuntary servitude any other person, or brings within the United States any person so held commits an offence.

2. Sale and trafficking of children. The Committee notes the indications of the ICFTU, in a communication dated 9 January 2004, corroborated by the report of the Trafficking in Persons and Worker Exploitation Task Force (i.e. a governmental body), that the United States is thought to be the destination of 50,000 trafficked women and children each year. It further indicates that approximately 30,000 women and children are trafficked annually from South-East Asia, 10,000 from Latin America, 4,000 from the former Soviet Union and Central and Eastern Europe, and 1,000 from other regions. The primary source countries for the United States are Thailand, Viet Nam, China, Mexico, the Russian Federation, Ukraine and the Czech Republic. According to the ICFTU, this report also indicates that most trafficked women and children are employed in the sex sector, domestic and cleaning work (in offices, hotels, etc.), sweatshops and agricultural work. Most reported cases of trafficking occurred in New York, California and Florida. 

The Committee notes that the Trafficking Victims Protection Act, 2000, created new crimes and enhanced penalties for existing crimes including trafficking with respect to peonage, slavery, involuntary servitude, forced labour or sex trafficking of children. Hence, it observes that Title 18 USC, section 1590 (introduced by the Trafficking Victims Protection Act, 2000), states that whoever knowingly recruits, harbours, transports, provides or obtains by any means a person for labour or services commits an offence.

The Committee also notes the Government’s indication that section 105(d)(2) of the Trafficking Victims Protection Act, 2000, mandates an evaluation of the progress made by the United States in the areas of trafficking prevention, prosecution and assistance to victims. The Committee notes with interest that, pursuant to the adoption of the Trafficking Victims Protection Act, victims of trafficking benefit from assistance and are considered to be "victims of a severe form of trafficking in persons (for sexual or labour exploitation according to section 8 of the Act)" when they are under 18 years of age (section 14). The Committee requests the Government to provide information on the impact of the Trafficking Victims Protection Act, 2000, in reducing the number of children involved in trafficking. It also requests the Government to provide, in its next report, its comments on the points raised by the ICFTU.

3. Forced labour. The Committee observes that, by virtue of Title 18 USC, section 1589, whoever knowingly provides or obtains the labour or services of a person: (1) by threats of serious harm to, or physical restraint against, that person or another person; (2) by means of any scheme, plan or pattern intended to cause the person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of the abuse or threatened abuse of law or the legal process, is liable to a fine and/or imprisonment.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee observes that Title 18 USC, section 1591 (as amended by the Trafficking Victims Protection Act, 2000), provides for sanctions for anyone who knowingly: (1) in or affecting interstate commerce, recruits, entices, harbours, transports, provides, or obtains by any means a person; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1). Title 18 USC, section 1591 also states that whoever, knowing that force, fraud, or coercion will be used to cause a person to engage in a commercial sex act, shall also be punished. The term "commercial sex act" means any sex act, on account of which anything of value is given to or received by any person (Title 18 USC, section 1591). The Committee also notes that according to Title 18 USC, section 2423(a), it is a criminal offence to transport an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offence, or attempts to do so. Subsection (b) of section 2423 states that a person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of Chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States, shall be fined under this Title and/or imprisoned for not more than 15 years.

The Committee also takes due note of the Government’s indication that all 50 states have laws prohibiting prostitution. It further indicates that state child prostitution statutes address patronizing a child prostitute, inducing or employing a child to work as a prostitute or actively aiding the promotion of child prostitution. It also indicates that some state statutes prohibit child prostitution in very general terms while other states specify the various acts and participants.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee observes that, by virtue of Title 18 USC, section 2251, anyone who employs, uses, persuades, induces, entices or coerces a minor (i.e. a person under the age of 18 according to Title 18 USC, section 2256(1)), or who transports any minor in interstate or foreign commerce, or in any territory of the United States, with the intent that such minor engage in any sexually explicit conduct for the purpose of producing a visual depiction of such conduct commits an offence. Title 18 USC, section 2251(1)(c), provides for sanctions for anyone who makes, prints or publishes any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute or reproduce any visual depiction involving the use of a minor engaged in any sexually explicit conduct. The Committee notes that, according to Title 18 USC, section 2252(a), it is prohibited to transport or ship in interstate or foreign commerce, receive, distribute or knowingly reproduce child pornography, by any means including by computer or mails. The Committee also observes that Title 18 USC, section 2260, prohibits the use of a minor to produce child pornography for importation into the United States, and the receipt, distribution, sale or possession of child pornography with the intent to import the visual depiction into the United States. It further notes that, according to Title 18 USC, sections 2423 and 2427, the transportation of children under 18 years of age in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in the production of child pornography, is an offence.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes due note that, under the Controlled Substances Act, it is an offence to knowingly and intentionally employ, hire, use, persuade, induce, entice or coerce a person under 18 years of age to create, manufacture, distribute, dispense, import or export controlled substances or a counterfeit substance (Title 21 USC, sections 841, 861, 952 and 953). The Committee also notes the Government’s statement that the use, procuring or offering of a child for the unlawful carrying or use of firearms or other weapons are illegal. The Committee requests the Government to supply a copy of the legal provisions prohibiting the use, procuring or offering of a child for the unlawful carrying of weapons.

Articles 3(d) and 4(1). Hazardous work. The Committee notes the ICFTU’s indication that between 300,000 and 800,000 children are employed in agriculture under dangerous conditions. These children work in fields, orchards and packing sheds. For instance, they pick lettuce and cantaloupe, weed cotton fields and pick cherries in orchards. Many work for 12 hours a day and are exposed to dangerous pesticides, suffer rashes, headaches, dizziness, nausea and vomiting, often risking exhaustion or dehydration due to lack of water, and are often injured. According to the ICFTU, child farm workers risk long-term consequences of pesticide poisoning including cancer and brain damage and suffer high rates of injuries from knives and heavy equipment.

In its previous comments, the Committee observed that the Fair Labour Standards Act (FLSA), Chapter 8, section 212(c), states that no employer shall employ any oppressive child labour in commerce or in the production of goods for commerce. According to section 203(3)(b)(l) of the FLSA, "oppressive child labour" refers to a condition of employment under which any employee aged 16 to 18 is employed by an employer in any occupation that the Secretary of Labor shall find and, by order, declare to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being. The Committee also noted that section 213 of the FLSA provides for exemptions. Thus, in agriculture 16 is the minimum age under section 213(c)(1) and (2) of the FLSA for employment in occupations (outside of family farms) that the Secretary of Labor finds and declares to be "particularly hazardous for the employment of children". The Committee notes the Government’s statement that, by virtue of Article 4(1) of the Convention, the types of hazardous work shall be determined by the national competent authority. The Committee nevertheless observes that section 213 of the FLSA authorizes a child aged 16 to undertake, in the agricultural sector, occupations declared to be hazardous or detrimental to their health or well-being by the Secretary of Labor. Consequently, the Committee reminds the Government that, by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that work performed in the agricultural sector, which is determined to be particularly hazardous for the employment of children by the Secretary of Labor, is prohibited for children under 18 years.

Article 4, paragraph 3. Examination and periodical revision of the types of hazardous work. The Committee noted, in its previous comments, that 28 Hazardous Orders adopted by virtue of the FLSA determine the types of work or activities that children under 18 shall not perform. It also noted that these Orders were established in 1939 and 1960 with regard to non-agricultural occupations and in 1970 for agricultural occupations.

The Committee observed, in its previous comments, that the United States Department of Labor’s Wages and Hour Division (WHD) entered into an inter-agency agreement with the National Institute for Occupational Safety and Health (NIOSH) to conduct research on safety and health risks for children, with particular emphasis on issues relevant to child labour regulations. It noted that, according to the NIOSH’s report dated 3 May 2002, "there have been significant changes in the workplace and advancement in knowledge about occupational safety and health hazards that are not reflected in the existing Hazardous Orders". The NIOSH consequently recommended the development of several new Hazardous Orders to protect children from particularly hazardous work not adequately addressed in the existing regulation.

The Committee notes that, as requested, the Government provides detailed information on actions taken by the Government towards amending the provisions of the FLSA and its implementing regulations in light of the NIOSH’s report of 2002. The Committee takes due note of the Government’s indication that since the recommendations were issued by the NIOSH, the administrator of the WHD has held stakeholders’ meetings on the report with all interested parties, including trade unions, organizations of employers, child advocacy groups and educators. The Government also states that the stakeholder meetings were held jointly with the NIOSH and many written comments received. It further indicates that the WHD is in the process of determining which recommendations concerning the Hazardous Orders will be presented in a first round of proposed rules. It also indicates that it is in the final stages of rule-making on several NIOSH Hazardous Orders recommendations: those relating to driving and operating balers and compactors, roofing, and handling explosive materials. The Committee welcomes the Government’s initiative to review Hazardous Orders to reflect changes in the workplace and advancement in knowledge about occupational health and safety hazards affecting children. The Committee would be grateful if the Government would supply a copy of the amendments or new orders when adopted.

Article 5. Monitoring mechanisms. 1. General investigations on child labour. The Committee notes the Government’s indications that in 2002 the number of targeted investigations in child labour by the WHD increased by 4 per cent; however, the number of child labour violations found in 2002 decreased by 8 per cent from 2001. The Government indicates that in 2002 there were 1,936 cases of violations of child labour standards, 748 of which involved Hazardous Order violations, a decrease of 14 per cent from the previous year. The Committee also notes that in 2002 the WHD initiated efforts to address problems of repeated violations in grocery stores, full services restaurants and quick services restaurants. A survey conducted in 2000 demonstrates a high rate of recidivism in those sectors. As a result, each region has committed to reinvestigate firms with earlier child labour violations. The Government also indicates that a new national survey is being conducted to determine levels of compliance in these industries. The Committee asks the Government to provide information on the findings of this survey.

2. Monitoring mechanisms for the trafficking of children. In its previous comments, the Committee had noted that a worker exploitation task force was established to prevent the criminal exploitation of children and to investigate cases involving the exploitation of children in forced labour in agriculture or sweatshops or as domestic servants or as prostitutes. The Committee had asked the Government to provide updated information on this task force’s actions. The Government accordingly indicates that the worker exploitation task force is now referred to as the Trafficking in Persons and Worker Exploitation Task Force. This task force issued, in August 2003, a report entitled "Assessment of United States activities to combat trafficking in persons", which describes the recent activities undertaken in this area. The Committee observes that the United States has made strides in providing benefits and services to victims of trafficking, including housing and legal assistance. For instance, a regulation (66 Feb. reg. 38514 (24 July 2001)) was issued to outline procedures for appropriate federal employees to ensure that victims are housed in a manner appropriate to their status, afforded proper medical care and other assistance and protected while in federal custody. The Committee accordingly encourages the Government to continue its efforts to eliminate child trafficking. It asks the Government to continue to provide information on the measures taken to this end and the results achieved.

3. Monitoring mechanisms in the agricultural sector. The Committee notes the ICFTU’s indication that child farm workers account for only 8 per cent of working children, but 40 per cent of all work-related fatalities among minors. The ICFTU adds that an estimated 100,000 children suffer agriculture-related injuries annually in the United States and that very few inspections take place in agriculture.

In its previous comments, the Committee had taken note of a report entitled "Child labour in agriculture: Changes needed to better protect health and educational opportunities" submitted to Congress by the General Accounting Office (GAO) in 1998. This report points out that "the weaknesses in current enforcement and data collection procedures limit enforcement agencies’ ability to detect all violations of illegal child labour in agriculture". The Committee had also noted that, according to the GAO’s report, the number of recorded inspections in agriculture by the WHD, the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and the states, has generally declined in recent years. Inspections may not be conducted at the appropriate time or in the relevant location. Thus, it observed that the GAO recommended that steps be taken to ensure that the procedures specified in the existing agreement among the WHD and other federal and state agencies, especially with regard to joint inspections and exchange of information, are being followed. The Committee noted that the Department of Labor (DOL) generally concurred with the GAO’s recommendations on the necessity to ensure that coordination procedures specified in existing agreements with federal and state agencies are followed. The Committee notes that the Government supplies a document that addresses each of the GAO recommendations. Thus, the Committee observes that in 1999, the DOL requested an increase of US$3 million to enhance compliance in targeted industries, including agriculture. Regarding the fact that the criteria used by the WHD to determine where and when to conduct investigations may not reflect the likely presence of children, a national agricultural coordinating team conference was held in 1998. During this conference, the Wage and Hour Offices were instructed to incorporate into each national, regional and local agricultural initiative a child labour enforcement component, including, as appropriate, plans to conduct weekend and pre- and post-school hours investigations designed to detect unlawful child labour. The Committee asks the Government to continue to provide information on the measures taken to ensure the enforcement of child labour laws in agriculture and their impact on the elimination of the worst forms of child labour in this sector.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The Federal Inter-Agency Working Group on Young Worker Safety and Health. The Committee takes due note of the Government’s indication that a Federal Inter-Agency Working Group on Young Worker Safety and Health was formed in 2003. Within this Working Group, agencies share information on educational programmes focused on an identified occupational hazard, on the provision of personal protective equipment to youth, or on methods by which complex injury and illness surveillance and reporting systems are gathered. This Working Group is composed of the WHD, OSHA, NIOSH, the Department of Interior, the Office of Job Corps, the International Trade Administration and the Department of Commerce. The Committee asks the Government to provide information on the measures taken and findings of the Federal Inter-Agency Working Group on Young Worker Safety and Health.

2. Youth Rules! Campaign. In its previous comments, the Committee noted that various programmes of action were launched to eliminate the worst forms of child labour, including "Work safe this summer" and "Operations salad bowl". As requested by the Committee, the Government provides further information on these programmes. It indicates that the two abovementioned programmes have been integrated into the Youth Rules! Campaign for increased effectiveness. The Committee observes that this campaign aims at increasing public awareness of federal and state rules on young workers. To this end, posters and fact sheets for specific industries such as restaurants, grocery stores and construction firms were designed; information articles on Youth Rules! were published in industry newsletters and magazines; and seminars and compliance training were conducted. The Government also indicates that the Youth Rules! Campaign was broadened in 2003 to include the agricultural industry. The Committee observes that over 20 partners have signed the Youth Rules! Campaign, which include businesses, unions, advocacy groups and 13 individual states (for instance, Illinois, Indiana, New York, Texas, Utah).

3. The Child Exploitation and Obscenity Section. In its previous comments, the Committee had noted that the Child Exploitation and Obscenity Section was acting towards the prevention of the criminal exploitation of children. It asked the Government to provide updated information regarding its actions. The Committee notes the Government’s indication that the Child Exploitation and Obscenity Section has worked since 2001 with the assistance of the Bureau of Immigration, the Customs Enforcement of the Department of Homeland Security, the Federal Bureau of Investigation (FBI) and the Postal Inspection Service. The Government also indicates that the Child Exploitation and Obscenity Section conducts programmes that bring together states and federal law enforcement and social services for training in the investigation, prosecution and prevention of commercial sexual exploitation of minors. The Committee asks the Government to continue to provide information on the achievements and impact of the Child Exploitation and Obscenity Section, especially with regard to combating the commercial sexual exploitation of children under 18.

Article 7, paragraph 1. Penalties. The Committee observes that, by virtue of the Victims of Trafficking and Violence Prevention Act, 2000, penalties for infringements of the provisions of the USC on enticement to slavery (Title 18 USC, section 1583) and sale into involuntary servitude (Title 18 USC, section 1584) were increased from imprisonment of no more than ten years to imprisonment of no more than 20 years. It also observes that a person who infringes Title 18 USC, section 1589, on forced labour is liable to a fine and/or to imprisonment for no more than 20 years. It further observes that trafficking with respect to peonage, slavery, involuntary servitude or forced labour is punishable by a fine and/or imprisonment for any term of years or life (Title 18 USC, section 1590). Sex trafficking of children under 18 years of age is punishable by a fine and/or imprisonment for not more than 20 years (Title 18 USC, section 1591(b)(2)). The Committee notes that a person who violates Title 21 USC, section 861(a)(1) and (2), on the prohibition to employ, hire, use, persuade, induce, entice or coerce a person under 18 years of age to import, export or manufacture controlled substances, shall be sentenced to a term of imprisonment which may not be less than 20 years (Title 21 USC, sections 841(b) and 861(b)). Penalties are very detailed and vary according to the quantity of drugs found. However, when children under 18 years of age are used for drug-related offences, the offender is liable to twice the maximum punishment otherwise authorized and at least twice any term of supervised release otherwise authorized (Title 21 USC, section 861(b)). The Committee also observes that the Federal Sentencing Guidelines, 2000, provide for increased penalties for crimes involving minors under 18 years of age such as exploitation of children for drug trafficking (section 2D1.2), for prostitution (section 2G1.1), for the production of pornography (sections 2G2.1. and 2G2.3), or to commit a crime (section 3B1.4). Moreover, the Committee notes the Government’s indication that the Secretary of Labor proposed to raise the maximum penalty from US$11,000 to US$50,000 for any kind of child labour violation which results in death or maiming. In addition, the Secretary of Labor proposed to raise the maximum penalty for wilful or repeated violations that lead to the death or serious injury of a child. The Committee asks the Government to provide information on any developments in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Children in migrant and seasonal agriculture. The Committee takes note of the ICFTU’s indication that only 55 per cent of child farm workers have completed high school. In its previous comments, the Committee noted that, according to the GAO’s report on child labour in agriculture of 1998, few of the programmes of the Departments of Education and Labor specifically target migrant and seasonal agricultural child workers. As requested by the Committee, the Government provides information on this issue. The Committee notes that the Department of Education annually collects information on the academic achievements of migrant children in the subject areas of reading and mathematics on state assessments that must be administered at least once during grades 3 through 5, grades 6 through 9, and grades 10 through 12. Each state is asked to report on the percentage of migrant students who have scored at the "proficient" level in reading and mathematics. In addition, the Department of Education also now plans to collect information on the percentage of migrant students who graduate from high school and the number of migrant students who drop out from school. The Committee asks the Government to continue to provide information on the means used to encourage migrant children to remain in school and the results attained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that the Trafficking Victims Protection Act, 2000, allows for federally funded or administered benefits and services, such as cash assistance, medical care, food stamps and housing, to be available for certain non-citizen trafficking victims (section 107). It notes that, according to the report of the Trafficking in Persons and Worker Exploitation Task Force of August 2003, the Department of Health and Human Services provides certification and eligibility letters for trafficked persons that allow them to have access to most benefits and services. Since the enactment of the Trafficking Victims Protection Act, the Department has provided 28 benefits eligibility letters to child trafficking victims. The report also indicates that child trafficking victims may be placed with caring families that understand their cultural background and can speak their language. There are also therapeutic placements for children with special needs. The Committee further observes that the State provides assistance for trafficking victims who have requested repatriation to their home countries. The assistance includes maintaining housing and victim benefits pending repatriation. The Government has established links with foreign governments and NGOs to facilitate the victim’s return and to ensure that the victim is not trafficked again. The Committee also observes that the Government is engaged in improving its contacts with victims, including engagement in extensive outreach to NGOs which are often the first point of contact with victims of trafficking. The Committee asks the Government to continue to provide information on the measures taken by the Trafficking in Persons and Worker Exploitation Task Force, and the impact of such measures with regard to reducing the number of children involved in trafficking and providing for their rehabilitation and social integration.

Clause (c). Access to free basic education. Child victims of trafficking. The Committee observes that, according to section 106(A)(3) of the Trafficking Victims Protection Act, 2000, the President shall establish and carry out programmes to keep children, especially girls, in elementary and secondary school and to educate persons who have been victims of trafficking. The Committee asks the Government to provide information on the time-bound programmes adopted or envisaged to keep child victims of trafficking in school and the impact of such programmes.

Clause (e). Special situation of girls. The Committee observes that, according to the Government, there are federal and state programmes designed to protect young girls who are considered at high risk of exploitation. The Committee requests the Government to provide further information on the programmes specifically designed to protect girls under 18 years of age from the worst forms of child labour.

Article 7, paragraph 3. Competent authority responsible for the implementation of the Convention. The Committee notes that the Criminal Division of the Department of Justice works, with the assistance of the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security (formerly the United States Customs Service), as well as the FBI and the United States Postal Inspection Service, to conduct programmes that bring together state and federal law enforcement and social groups for training in the investigation, prosecution and prevention of commercial sexual exploitation of minors. The Committee also notes that the FBI is responsible for investigating suspected violations of federal drug laws, and benefits from the assistance of the Drug Enforcement Administration to this end. The Committee further notes that child labour standards on hazardous work are administered and enforced by the WHD of the Department of Labor. The Occupational Safety and Health Administration is responsible for the enforcement of the Occupational Safety and Health Act.

Article 8. International cooperation. The Committee notes that the United States is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that, since 1995, the United States participates in ILO/IPEC projects aimed at the elimination of the worst forms of child labour worldwide. The Committee takes due note that, according to the report of the Trafficking in Persons and Worker Exploitation Task Force annexed to the Government’s report, the Government supported 200 anti-trafficking programmes in 75 countries in 2002. These programmes include researching into the nature and extent of trafficking in Haiti, the Dominican Republic, Afghanistan and in the Balkans. Another programme aimed at improving access to education and health for children in the Dominican Republic. The United States also participated in launching media campaigns to promote child welfare and prevent trafficking in Mali and Côte d’Ivoire. The Committee asks the Government to continue to provide information on the steps taken to assist other member States in giving effect to the provisions of this Convention.

Part III of the report form. The Committee notes that, according to the Trafficking in Persons and Worker Exploitation Task Force’s report, 2003, the Department of Justice has initiated more than double the number of trafficking prosecutions (20 versus nine), involving more than three times the number of defendants (79 versus 24) in 2001-02 when the Trafficking Victims Protection Act came into effect, than in 1999-2000. It also indicates that the number of defendants successfully prosecuted increased more than twofold (51 versus 23). The Committee also observes that the report provides examples of recent case law involving child exploitation. Thus, in United States v. Jimenez-Calderon (Indictment 9/26/02), a Mexican family lured and smuggled girls from small towns in Mexico to the United States with false promises of marriage, only to force them into prostitution in New Jersey. Two defendants were sentenced to 210 months’ incarceration, three other members of the conspiracy are awaiting sentencing and two others are fugitives. The Committee also observes that another case (United States v. Alamin and Akhter (Indictment 11/16/00)) involved a 14-year-old Cameroonian girl who was held in involuntary servitude and used as a domestic servant for several years. It further observes that in United States v. Quinton Williams (indictment 2/25/03), a person transported a 16-year-old girl by car to different states where he supervised her prostitution activities, collected and kept all of the earnings. He was convicted of sex trafficking of children and sentenced to 125 months’ imprisonment and ordered to pay a US$2,500 fine. The Committee asks the Government to continue to provide information on court decisions concerning child trafficking for labour or sexual exploitation and the penalties imposed. It also asks the Government to provide information on case law regarding other worst forms of child labour.

Part V of the report form. The Committee observes that the report on the youth labour force drafted by the DOL, in June 2000, provides statistics on trends in youth employment, occupational injuries, illnesses and fatalities. According to the abovementioned data on injuries, male workers under 18 suffer from sprains, strains and tears (22 per cent); cuts and lacerations (14 per cent); and heat burns and scalds (9 per cent). Females suffer from the same type of injuries but in different proportions. It also observes that out of 442 cases of occupational fatalities among youth under 18 years of age 57 per cent occurred in non-agricultural occupations. The Committee also notes that specific data on the number of children trafficked in and out of the United States, on child victims of sexual exploitation (prostitution and pornography) or on children engaged in hazardous work do not seem to exist. The Committee encourages the Government to continue to supply information on the worst forms of child labour through copies of or extracts from official documents, including inspection reports, studies and inquiries, and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.