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

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

The Committee notes the observations of the Single Central Organization of Workers (CUT), received on 3 November 2017, and the Government’s report.

Article 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the Second Framework 2012–14 to combat the commercial sexual exploitation of children, which aims to revise and develop the legislation penalizing such violations and to improve the protection of child victims. It also noted the numerous measures taken by the National Service for Minors (SENAME), including the regional initiatives to combat the commercial sexual exploitation of children (ESCNNA 2012–13), as well as the action undertaken jointly with the National Tourism Service (SERNATUR) to strengthen the capacity and the participation of municipal and local institutions in the tourism sector.

The Committee notes the Government’s indication in its report that the Second Framework 2012–14 to combat the commercial sexual exploitation of children has resulted in the identification of areas in which action needs to be reinforced, such as the comprehensive assistance provided to victims and social awareness raising. It also notes that SENAME is currently preparing a Third Framework of action to combat the commercial sexual exploitation of children. The Government adds that SENAME has prepared and disseminated in its regional departments a paper on the procedure to be followed when cases of trafficking of children are detected. The Committee notes in this regard that SENAME is implementing between 16 and 18 projects to assist children and young persons who are victims of commercial sexual exploitation, covering 12 regions, which have reached out to 928 victims. The Government also indicates that its legal aid programmes have been strengthened and that 17 projects are currently being carried out in 14 regions to enable children and young persons who are victims of sexual crimes to have guaranteed access to justice. The Committee further notes that, according to the Government, courses on the subject of commercial sexual exploitation have been provided since 2010 to 160 partners in the child protection sector and that over 300 people have participated in the seminars and workshops organized so far. The Committee also notes the awareness-raising campaigns No Hay Excusas and VIGIAS, to prevent and combat the trafficking and sexual exploitation of children and young persons.

The Committee notes the statistics produced by the Unified System for the Registration of the Worst Forms of Child Labour, which are attached to the Government’s report. The Committee notes that in 2015 the system recorded 462 cases of commercial sexual exploitation of children, and 343 cases in 2016. Between January and April 2017, the system recorded 52 cases. The Government adds that a protocol on the system for the follow-up of detected cases has been sent to the 15 regional departments of SENAME. The objective of this protocol is to improve the support provided to victims once they have been registered and to harmonize the administrative and technical procedures for contacting and following up child victims. The Committee takes due note of the efforts made by the Government to combat the trafficking and sexual exploitation of children. However, the Committee notes that the Government has not provided information on investigations and prosecutions. The Committee therefore requests the Government to intensify its efforts for the in-depth investigation and robust prosecution of persons who commit these crimes. It also requests the Government to provide information on the number of investigations, prosecutions and convictions, and the length of the sentences imposed under Act No. 20507 for the commercial sexual exploitation of children and the trafficking of children.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that Act No. 20000 of 16 February 2005 does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, even though it noted that illicit activities, and particularly the production and trafficking of drugs, account for the highest percentage (39 per cent) of the worst forms of child labour in Chile.

The Committee notes the statistics provided by the Unified System for the Registration of the Worst Forms of Child Labour and notes that according to the Unified System 265 children were used for illicit purposes in 2015, and 184 in 2016. The Committee notes with interest the Government’s indication that it has prepared a Bill to amend the Penal Code to provide that the use of minors to commit crimes constitutes an aggravating circumstance. The Committee requests the Government to ensure that the Bill covers not only the use, but also the procuring or offering of children under 18 years of age for illicit activities. It requests the Government to keep it informed of the adoption of the Bill and to provide a copy of the text once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted the high number of street children and the lack of social services in the country. It noted in this regard that SENAME has reinforced its programmes focusing on street children. The Committee also noted the 2014 pilot programme to assist street children, the objective of which was to reduce the percentage of children aged between 5 and 17 years in this situation, reintegrate them into their families and include them in social programmes. However, it noted that the Second National Register of the Situation of Persons on the Street, 2011, indicated that 6 per cent of persons living on the streets were children. The Government indicates that there are now eight programmes for people living on the streets, financed by SENAME, implemented in three regions of the country, through which direct assistance has been provided to 410 vulnerable children and young persons. The Committee requests the Government to provide more detailed information on the effective and time bound measures taken, including within the context of the pilot programme, to protect street children against the worst forms of child labour. It requests the Government to provide information on the impact of the measures taken in terms of the number of children who have been removed from the streets.

2. Indigenous children. In its previous comments, the Committee noted the affirmative action taken to promote equality of access to education for the children of indigenous peoples, as well as SENAME’s prevention and protection programmes. It also noted the programme of education in indigenous languages approved for primary education by the Higher Education Council, which will also be introduced in basic secondary education. The Committee further noted the Intercultural Bilingual Education Programme (PEIB), through which bilingual education has been provided since 2013 in schools for over 20 per cent of the children of indigenous peoples.

While noting the absence of information from the Government on this subject, the Committee notes the concluding observations of 2015 of the Committee of the Rights of the Child, which expressed deep concern at the enduring situation of inequality and discrimination against indigenous children and urged the Government to ensure that all indigenous children have access to education without discrimination (CRC/C/CHL/CO/4-5, paragraphs 79 and 80). The Committee also notes that, according to the report of the Special Rapporteur on extreme poverty and human rights, of 8 April 2016, indigenous children are among the most vulnerable groups in Chile (A/HRC/32/31/Add.1, paragraph 57). The Committee requests the Government to continue taking measures to ensure that the children of indigenous peoples do not become involved in the worst forms of child labour, particularly by guaranteeing their access to education without any discrimination. It also requests the Government to indicate the results achieved by the programmed measures to increase the participation of indigenous children in the education system.

3. Migrant children and poor children. The Committee notes the observation of the CUT that the number of migrants in the country has increased and that migrant children are more vulnerable to the worst forms of child labour.

The Government indicates that SENAME, in collaboration with the Department of Foreign Affairs and Migration of the Ministry of the Interior and the Ministry of Education and Health, has undertaken action in the field of prevention and care for vulnerable migrant children and young persons. In particular, workshops have been organized in towns with the highest migrant population to strengthen the resources of the teams responsible for interventions and to prevent these children from becoming involved in the worst forms of child labour. The Committee notes that, according to the report of the Special Rapporteur on extreme poverty and human rights, migrant children are among the most vulnerable groups in Chile and that inequality of access to and the quality of education are major issues in the country (A/HRC/32/31/Add.1, paragraphs 11–16 and 57). The Committee requests the Government to pursue its efforts to protect migrant children and the poorest children, particularly by guaranteeing their access to quality education, to prevent them becoming engaged in the worst forms of child labour. It requests the Government to provide information on concrete measures in place or envisaged in order to grand the access of migrant children to quality education and, if it is the case, the results achieved.

Article 8. International cooperation and assistance. 1. Sale and trafficking of children. In its previous comments, the Committee noted the agreement between SENAME and the Colombian Institute of Family Well being (ICBF) aiming at exchanging experience and technical documents on the worst forms of child labour, including the trafficking of children and street children. In this regard, the Committee notes with interest the Government’s indication that this agreement has given rise to an electronic exchange of information between SENAME and ICBF, particularly on child labour, the trafficking of persons and street children. The Government adds that the technical teams of the two institutions have had the opportunity to exchange experience and mutual lessons by video conference.

2. International cooperation. The Committee notes that Chile is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, the objective of which is to strengthen inter-governmental cooperation to combat child labour through preventive action and intra and inter-sectoral institutional coordination. The Committee requests the Government to provide information on the measures adopted for the implementation of the Regional Initiative.

Application of the Convention in practice. The Committee notes the Government’s indication that many draft legislative texts are being prepared for the protection of children and young persons. Among these draft texts, the Committee notes the Bill for the establishment of the Subsecretariat for Children, the Children’s Defence Unit and the National Specialized Child Protection Service. The Government indicates that, although the draft legislative texts do not specifically address the matters covered by the Convention, they are intended to provide general safeguards for the protection of children and to facilitate the preparation and implementation of policies and programmes for children and young persons. The Committee requests the Government to keep it informed of the preparation and adoption of the various draft legislative texts referred to above.