Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - El Salvador (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that the provisions of the national legislation did not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. In this respect, it noted that, in the context of the implementation of the National Plan for the Elimination of the Worst Forms of Child Labour (2006–09), the principal texts of the national legislation applicable to the worst forms of child labour would be revised so as to reinforce the protection of children in this field.

The Committee notes with satisfaction that, in accordance with Decree No. 459 of 20 October 2010 amending section 345 of the Penal Code, the procurement of minors for criminal purposes in groups, associations or organizations, or the use of minors as instruments to break the law, is punishable by a sentence of between 15 and 20 years imprisonment.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee noted the indication by the Inter-Union Commission of El Salvador that increasing numbers of boys and girls are sexually exploited in El Salvador. It also noted the indication by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), that the trafficking of persons for sexual exploitation, particularly in forced prostitution rings involving children, is a serious problem in the country, with child victims being brought from Mexico, Guatemala and other countries in the region for prostitution. The ITUC also indicated that an internal trafficking network exists. The Committee further noted the amendments made to sections 169, 170 and 367 B of the Penal Code. It noted with interest the detailed information on the surveys conducted and the sanctions applied in relation to the sale and trafficking of children for commercial sexual exploitation between August 2006 and December 2007. The Committee noted that persons found guilty of the sale and trafficking of children for sexual exploitation were sentenced to terms of imprisonment ranging from 14 to 26 years.

The Committee notes the statistics provided in the Government’s report on the investigations conducted and the convictions obtained in relation to the sale and trafficking of persons. It notes that, between 2008 and 30 April 2010, 21 cases of trafficking of persons were under investigation, six cases were examined by the courts and public hearings were held in three cases. However, the Committee observes that the Government does not provide statistics disaggregated according to whether the victims are adults or under 18 years of age. The Government, nevertheless, provides two examples in its report of cases of the sale and trafficking of minors, in relation to which those persons found to be guilty were convicted to sentences of four and 15 years imprisonment, respectively.

The Committee notes the statistics provided in the Government’s written reply of 7 February 2009 to the list of issues raised by the United Nations Committee on the Rights of the Child (CRC)in relation to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SLV/Q/1/Add.1, pages 5–6). It observes that, between 2007 and 2009, 220 children and young persons who were victims of trafficking were intercepted at the frontiers of El Salvador, the great majority of whom were young women (213), of whom 190 were aged between 12 and 18 years. However, the Committee notes that the CRC, in its concluding observations of 17 February 2010 on the third and fourth periodic reports of El Salvador (CRC/C/ SLV/CO/3-4, paragraph 82), expressed concern at the low level of prosecutions and convictions for trafficking-related crimes vis-à-vis the reported cases. The Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age for sexual exploitation are carried out. In this respect, it requests the Government to provide information on the application of the provisions regarding this worst form of child labour, including statistics on the number of convictions and penal sanctions applied in cases of the sale and trafficking of persons under 18 years of age. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from such labour. Commercial sexual exploitation and trafficking of children for that purpose. With reference to its previous comments, the Committee notes with interest the detailed information provided in the Government’s report on the activities and results achieved in the context of the National Plan to Combat the Commercial Sexual Exploitation of Children (2006–09) and the Strategic Plan to Combat the Trafficking of Persons (2008–12). It notes in particular the awareness raising and information activities carried out among young persons and the population in general, the training programmes intended to strengthen the capacities of the police and security forces, the inter institutional coordination measures and the measures for the protection of victims. In this regard, the Committee notes that the Institute for the Development of Children and Young Persons (ISNA) is entrusted with the coordination of the Regional Centre for Sheltering Victims of Trafficking. With a view to the rehabilitation and social integration of victims, the Regional Centre offers the services of a legal officer, a psychologist, a social worker, three educators and a teacher. In addition, the capacity of the Centre has been increased from 15 to 30 persons. According to the statistics provided in the Government’s report, 131 children and young persons under 18 years of age who were victims of trafficking received shelter in the Regional Centre between 2008 and September 2009. The Committee also notes that, according to the final ILO/IPEC report of March 2010 on the implementation of Phase II of the Time-bound Programme (TBP), over the total duration of the project (30 September 2006 – 31 December 2009), 400 children, including 234 girls and 166 boys, were prevented from being engaged in commercial sexual exploitation and benefited from educational services. However, the Committee observes that the CRC, in its concluding observations of 12 February 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SLV/CO/1, paragraph 10), noted with concern that the time-frame for the implementation of the strategic plan against the commercial sexual exploitation of children had expired and had not yet been renewed. Furthermore, no specific budget has been allocated to carry out the plan, nor any monitoring or evaluation system established. Noting that the National Plan to Combat the Commercial Sexual Exploitation of Children ended in 2009, the Committee strongly encourages the Government to continue its efforts to protect persons under 18 years of age from commercial sexual exploitation and trafficking for that purpose. It requests the Government to provide information on the number of child victims removed from this situation and the number of those who have benefited from rehabilitation and social integration pursuant to the implementation of the National Plan to Combat the Commercial Sexual Exploitation of Children (2006–09) and the Strategic Plan to Combat the Trafficking of Persons (2008–12). It also requests the Government to provide information on the implementation of the National Plan to Combat the Commercial Sexual Exploitation of Children.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the indication by the Inter-Union Commission of El Salvador that ever-increasing numbers of boys and girls were becoming victims of hazardous working conditions. It also indicated that the practice of “handing over” boys and girls to families still exists in the country. These children are then used as domestic servants and work long hours without adequate remuneration and without attending school. It noted the rapid assessment study on domestic work done by children which was published by ILO–IPEC in February 2002, according to which 93.6 per cent of children working in domestic service are girls.

The Committee notes the Government’s indication that the Act for the comprehensive protection of children and young persons (LEPINA), adopted on 26 March 2009, provides for protection measures which apply, among others, to children working in domestic service. Section 64 of the LEPINA provides that only persons over 16 years of age may work in domestic service. However, the Committee notes that, according to the information contained in a report on the worst forms of child labour in El Salvador of 15 December 2010, available on the website of the United Nations High Commissioner for Refugees, over 16,000 children work in domestic service in the country, of whom 15 per cent are reported to have begun before the age of 15 years. It also observes that the CRC, in its concluding observations of 17 February 2010 on the third and fourth periodic reports of El Salvador (CRC/C/SLV/CO/3-4, paragraph 76), expressed concern that girls are often employed informally in domestic work under very difficult and degrading conditions. Considering that children working in domestic service are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect these children from the worst forms of child labour, paying particular attention to girls. It requests the Government to take specific measures for the provision of the necessary and appropriate direct assistance for the removal of these children from hazardous forms of work and to ensure their rehabilitation and social integration. Finally, it requests the Government to provide detailed information on the measures adopted in this respect and the results achieved.

The Committee is raising other points in a request addressed directly to the Government.