Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 3(a) and (b) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children and use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee duly notes the amendment to section 91 of the Basic Comprehensive Penal Code (COIP) in 2021, communicated by the Government as an appendix to its report. The amendment is concerned with the prohibition of the trafficking of persons for sexual exploitation, including forced prostitution, sex tourism and child pornography, and also for labour exploitation, including forced labour, debt bondage and child labour.

The Committee duly notes that the Government, in reply to its request to pursue efforts to ensure that the various ministries and entities responsible for monitoring the application of the COIP provisions collaborate in cases of trafficking of children, refers to: (i) the project for the elimination of child labour (PETI), which aims to prevent this practice in all its forms and encourages inter-sectoral coordination with a view to providing overall care for the victims of child labour. This collaboration includes the participation of the Ministry of Labour, the Ministry of the Interior, the Public Prosecutor, the Ministry for Economic and Social Inclusion, the Ministry of Education, the Ministry of Public Health and the Cantonal Rights Protection Councils; and (ii) the activities of the Inter-Institutional Coordinating Committee for the prevention of human trafficking and migrant smuggling and the protection of their victims; the purpose of this Committee is to supervise the application of the Human Mobility Act and monitor the issue of human trafficking, in accordance with Inter-Ministerial Decision No. 0010 of 2017. This Committee has technical working groups, in addition to the coordination team for the victims of trafficking and migrant smuggling, which includes the Technical Investigation and Justice Office, the Ministry of Foreign Affairs and Human Mobility and the Attorney-General’s Office, with a view to implementing joint actions against the trafficking of persons.

The Committee notes the action taken by the Government concerning the application of the provisions of the COIP relating to the trafficking of children: (i) 16 investigations into trafficking for sexual exploitation and one investigation into labour exploitation were conducted by the unit for the investigation of trafficking of persons and smuggling of migrants; (ii) six investigations into forced labour or other forms of labour exploitation and one investigation into the trafficking of persons, labour exploitation, servitude and child labour were conducted by the National Police Department specializing in matters relating to children and young persons (DINAPEN). The Committee requests the Government to provide detailed information on the prosecutions initiated, the convictions handed down and the penalties imposed as a result of these investigations.

Article 6. Programmes of action. Trafficking of children. In its previous comments, the Committee asked the Government to take all 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.

The Committee notes with satisfaction Ministerial Decision No. 194 of 25 November 2019 adopting the Plan of Action against trafficking in persons 2019–30, published in Official Journal No. 349 of 14 February 2020, with details of the Plan appended to its report, including a conceptual and strategic framework, an analysis of the situation and a specific model for management, monitoring and evaluation of the actions to be taken.

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. Trafficking of children. In its previous comments, the Committee asked the Government to continue its efforts to prevent the trafficking of children. It also asked the Government to provide information on the number of children removed from trafficking who have then been rehabilitated and socially integrated, disaggregated by age and gender.

The Committee notes Inter-institutional Decision No. 003 published in Official Journal special edition No. 425 of 10 March 2020, which adopts the protocol of actions to provide full care and protection for trafficking victims, incorporating a specific procedure vis-à-vis girls, boys and young persons. The Committee also notes the forthcoming interactive mapping of human trafficking and migrant smuggling by the Ministry of the Interior, supported by the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC).

Furthermore, the Committee notes the statistical data on the trafficking of persons issued by the REGISTRATT system for the registration of victims of trafficking and migrant smuggling, which recorded 331 victims of trafficking, including 103 children under the age of 17 years, between 2017 and May 2021. It also notes the competencies of the Ministry for Economic and Social Inclusion with regard to providing care for girls, boys and young persons who are trafficking victims. The institutional care service caters for young persons between 12 and 17 years of age in two specialist centres, Casa Linda and Casa El Nido of the Alas de Colibrí foundation. A family reintegration programme catered for 19 girls and young persons in 2020 and 12 girls and young persons in 2019.

The Committee also notes the measures taken in 2019 in the context of the Human Mobility Act to direct the population in situations of human mobility towards social and legal services through the “host towns” project. This project, which exists in 14 locations, focuses on the protection of children, identifying and providing support for girls, boys and young persons who are the victims of violence, trafficking or exploitation. The Committee requests the Government to continue its efforts to combat the trafficking of children and to continue taking steps to protect child victims of trafficking. The Committee also requests the Government to provide information on the number of children, disaggregated by gender and age, who have been removed from trafficking and then rehabilitated and socially integrated.

Article 8. International cooperation and assistance. Trafficking of children. In its previous comments, the Committee asked 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 also asked the Government to continue its efforts to detect and intercept child victims of trafficking at the borders and to provide statistical data in its next report, disaggregated by gender and age, and information on the results achieved.

The Committee notes the bilateral cooperation activities between the Ministry of the Interior and Peru in 2020, aimed at prevention, investigation and victim protection in the context of human trafficking. In this regard, a number of activities have been implemented, including the 2020-21 roadmap on the trafficking of persons covering: (i) the updating and exchange of contact points in the institutions responsible for the provision of care, protection and reintegration services and/or for the repatriation of trafficking victims; and (ii) the exchange of instruments for the care, protection, reintegration and repatriation of victims of human trafficking and migrant smuggling. Furthermore, an online meeting on experiences relating to the prevention of cases of trafficking originating from the Internet was held with the collaboration of rapporteurs from the UNODC, the IOM and the International Centre for Missing and Exploited Children (ICMEC), with the participation of officials from both countries. The Committee also notes the campaign to combat the trafficking of persons between the two countries, aimed at formulating a communication strategy for the prevention of human trafficking which has an impact on vulnerable groups.

Lastly, the Committee notes, according to the Government’s report, that since the agreement is recent and in view of the situation arising from the COVID-19 pandemic, it has not been possible to provide additional data on the results of the action taken since 2020. The Committee requests the Government to continue its efforts to detect and intercept child victims of trafficking at the borders and to provide statistical data in its next report, disaggregated by gender and age, and information on the results achieved.

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