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

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are conducted against persons engaged in the sale and trafficking of children under 18 years of age for sexual exploitation. It also requested the Government to ensure that the special Bill to combat human trafficking is adopted. It further requested it to provide statistical data on the investigations carried out and convictions obtained in relation to the sale and trafficking of children under the age of 18 years for sexual exploitation.

The Committee notes the information contained in the Government’s report, according to which trafficking in persons has become the second major crime after drug trafficking, and particularly affects children between the ages of 10 and 19 years, and that it will be made a priority. The Committee notes with satisfaction the adoption of the Act to combat trafficking in persons (Decree No. 824 of 16 October 2014) and its Regulations (Decree No. 61 of 25 October 2016). The Committee notes that the new Act contains a broad definition of the crime of trafficking in persons, “the act of delivering, capturing, transporting, transferring, receiving persons, or facilitating, promoting or favouring such an act, with a view to engaging in or permitting others to engage in an activity relating to human exploitation”, and that it establishes a sentence of imprisonment of from ten to 14 years. Section 55 of the Act provides for an aggravated sentence of from 16 to 20 years’ imprisonment if the victim is a girl or a boy. In accordance with the Act, the committing of a crime in respect of a girl or a boy or a young person is an aggravating circumstance. Furthermore, section 55 takes into account the crimes caused by the persons directly or indirectly responsible for the care of a girl, boy or young person subject to a placement measure or in a public or private care institution. The Act contains 69 sections which criminalize sexual exploitation, sexual tourism, the sale of persons, forced labour or services, slavery and exploitation through begging. The Act contains specific measures for the protection of victims: (i) the establishment of special units within the Ministry of the Interior and the national policy; (ii) specialized shelters and care centres for victims of trafficking in persons; (iii) social reintegration programmes with extended assistance measures; (iv) victim assistance funds; and (v) access to justice and confidentiality. It also envisages an evaluation every three years of the national policy to combat trafficking in persons.

The Committee notes the detailed information provided by the Government in its report on cases of sale and trafficking of children, the nature of the convictions and the penalties imposed. The Government indicates that 55 persons were arrested in 2014 for the crime of trafficking in persons and 53 investigations were conducted, resulting in seven prosecutions and convictions for trafficking in children. Between 2016 and 2017, six persons were prosecuted and convicted of crimes of trafficking of minors for labour and sexual exploitation. The Committee notes the data provided by the Government on cases of trafficking in persons at the border: 87 victims of sexual exploitation were identified (76 women and 11 men), of whom 68 were children and three were victims of forced labour. Ten of these victims were not of El Salvadorian nationality.

The Committee also notes the development of the project to prevent and combat the illicit smuggling of migrants and trafficking in persons, the objective of which is to strengthen capacities for the detection, investigation, management and resolution of cases of trafficking in persons and smuggling of migrants. The three-year project is implemented by the United Nations Office on Drugs and Crime Regional Office for Central America and the Caribbean (UNODC-ROPAN) and the Ministry of Justice and Public Safety. The Committee requests the Government to provide information on the application of the Special Act to combat trafficking in persons, including the investigations and prosecutions conducted and the convictions obtained in relation to the trafficking of children under 18 years of age. The Committee also requests the Government to provide information on the implementation of the project to prevent and combat the unlawful smuggling of migrants and the trafficking of persons, when it has been adopted.

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. In its previous comments, the Committee noted that the Ministry of Justice and Public Security had implemented a plan to eradicate commercial sexual exploitation, trafficking of persons, child labour and the worst forms of child labour as part of the Institutional Strategy Plan. However, the Committee noted that, while the national plan and the mandate of the National Council target trafficking of persons generally, they do not contain specific provisions respecting child victims under the age of 18 years. The Committee encouraged the Government to take immediate and effective time-bound measures for the prevention of cases of trafficking, the removal of children from such conditions and the rehabilitation of child victims of such practices, within the context of the national plan.

The Committee notes from the Government’s report that the justice and public security and cohabitation policy developed by the Ministry of Justice and Public Security, and its five main pillars which articulate the strategies and actions of the policy. The first phase of pillar 4 assesses child victims of crimes through the revision of special protocols for care for victims at the level of the central administrative and judicial offices and through support for victims by the National Council for Children and Young Persons (CONNA) and through the El Salvador Institute for the Comprehensive Development of Children and Young Persons (ISNA).

The Committee notes from the Government’s report the training provided for magistrates, the police and investigators in relation to “investigations into trafficking in persons, assistance to victims of trafficking and how to guarantee access to justice for these victims”. It also notes the training on trafficking in persons undertaken by officials from El Salvador for public officials in Panama and the mutual assistance between the officials of Interpol, Guatemala, Honduras, Nicaragua, Mexico and the United States.

The Committee notes from the Government’s report that 13 child victims of trafficking for sexual exploitation were provided with medical and psychological care in 2014 in the shelter for young girl victims of sexual exploitation. Recalling once again that children under 18 years of age are particularly at risk of trafficking for commercial sexual exploitation, the Committee strongly encourages the Government to continue its efforts to prevent cases of trafficking, remove children from these conditions and ensure the rehabilitation of child victims of such practices, particularly in the context of the national plan. Noting the absence of information on this subject, the Committee requests the Government to provide indications in its next report on the results achieved through the activities undertaken in the context of the Institutional Strategy Plan.

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