Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 3(a) and 7(1) of the Convention. The trafficking of children and illicit activities and penalties. In its previous comment, the Committee noted with interest the new Penal Code of 10 February 2014, which contains specific provisions and heavier penalties for crimes involving child victims of commercial sexual exploitation and trafficking (sections 91, 92, 100 and 102). The Committee asked the Government to ensure that the measures in the new legislation that prohibit and penalize the worst forms of child labour are effectively enforced through in-depth investigations and robust prosecutions of persons who engage children in the worst forms of child labour. To that end, it asked the Government to provide information on the application of the new provisions of the Penal Code on the worst forms of child labour and trafficking of children, including the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

The Committee notes that, according to the Government’s report, in 2016, the Ministry of Labour actively participated in an action to prevent the trafficking of children by taking part in awareness-raising measures and campaigns targeting the potential victims of trafficking of children, through the project for the eradication of child labour, which forms part of the preventive action of the Inter-institutional Coordination Committee of Action to Combat Trafficking in Persons and the Smuggling of Migrants. The Ministry participated in a binational workshop involving Ecuador and Colombia on the identification and management of the crime of trafficking in persons for the purposes of labour exploitation, in which around 50 officials from both countries participated.

The Committee also notes that the project for the eradication of child labour has been identified as the strategy for the implementation of the system of the single register of child labour (SURTI), in collaboration with the Office of the Public Prosecutor and the Council of the Judiciary, in order to determine cases of violations of rights, penalties and restore the rights of girls, boys, and young persons who are victims of trafficking. To that end, it is envisaged that the information entered into the registration system will serve as evidence in the prosecutions against the perpetrators of these crimes. Similarly, the Committee notes the follow-up to a case of trafficking of a child for the purposes of forced labour in the town of Manta in the Manabí province, which was subject to investigation and the perpetrators were penalized. The Committee notes the inspections conducted by the Government in the areas susceptible to the worst forms of child labour, such as prostitution, begging and forced labour. The SURTI, established in 2016, recorded in that year 117 cases of children and young persons in a situation of child labour, and the Government’s report emphasizes that the institutions responsible for restoring rights (education, health, social protection and work) were alerted in these 117 cases.

However, the Committee notes with regret that the Government’s report indicates that it has no record of victims of trafficking of children, as the Ministry of Labour is not responsible for judicial and criminal proceedings. The Committee urges the Government to pursue its efforts to ensure that various ministries and law enforcement bodies collaborate on cases of trafficking of children. The Committee urges the Government to provide information on the application of the new provisions of the Penal Code regarding trafficking of children, including the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

Article 6. Programmes of action. Trafficking of children. The Committee notes that, in 2018, an overview of the trafficking in persons situation in Ecuador was presented by the Ministry of the Interior and the International Organization for Migration, which facilitated the compilation of information to update the national plan of action to combat the crime of trafficking in persons. The Committee requests the Government to take all the necessary measures to complete the process of adopting a new national plan of action to combat trafficking in persons and to provide detailed information in that regard concerning the trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. In its previous comment, the Committee requested the Government to continue taking effective and time-bound measures to prevent the trafficking of children, provide assistance to victims and ensure their rehabilitation and social integration. The Committee also asked the Government to provide updated information on the cases of trafficking of children registered in the registration system for cases of trafficking in persons.

The Committee takes due note of the awareness-raising measures taken by the Government through which 20,775 individuals have been made aware of the issues of child labour, trafficking in persons and the regulations on child labour and the protection of young persons from forced labour. The Committee notes that monitoring was conducted at the national level to identify children and young persons in a situation of child labour and forced labour under the Government’s results management system (GPR), and 365 children and young persons in a situation of child labour and forced labour have been admitted to Government protection systems.

The Committee notes however the absence of information on the number of children who are victims of trafficking. The Committee observes that, according to information available on the website of the Ministry of the Interior, the Basic Act on human mobility and its implementing regulations were adopted in 2017. Chapter VI of the Act establishes the prevention framework for trafficking in persons and for the protection, care and reintegration of victims, which shall be implemented by the State. The Act also provides for the establishment of a register for the identification of victims and the analysis and collection of data in order to facilitate a better understanding of the phenomenon of trafficking in persons and the development of public policy in this area. The Committee requests the Government to continue its efforts to prevent the trafficking of children. Furthermore, it takes due note of the 2017 Basic Act on human mobility and requests the Government to provide detailed information on the measures taken for the implementation of the Act to provide assistance to children who are victims of trafficking in persons and to ensure their rehabilitation and social integration. The Committee requests the Government to send information on the number of children who have been removed from trafficking, rehabilitated and socially integrated, disaggregated by age and gender.

Article 8. International cooperation and assistance. Trafficking of children. In its previous comment, the Committee requested the Government to provide the results of the surveys conducted by the Government on the border in collaboration with Peru and Colombia and statistics on the number of child victims who have been identified then repatriated to their country of origin.

The Committee takes due note of the 2016 bilateral agreement concluded between Peru and Ecuador for the prevention and investigation of the crimes of trafficking in persons and for assistance and comprehensive protection to victims of trafficking. It notes that this agreement was developed in collaboration with civil society organizations. The Committee notes from the Government’s report that the 11 children and young persons were identified in the country as trafficking victims and were repatriated to their countries of origin between 2013 and 2016. The Committee requests the Government to indicate whether the exchange of information with Peru carried out within the framework of the agreement concluded in 2016 has provided information on the identification of and penalties imposed on perpetrators of trafficking of children and their networks. The Committee requests the Government to continue its efforts to detect and intercept child victims of trafficking at the border and to provide statistical data on the results achieved in its next report, disaggregated by gender and age.

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