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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. In response to the request for information on the measures adopted to remove and rehabilitate child victims of trafficking, the Committee notes the Government’s indication that the Unit of the Office of the Public Prosecutor that is specialized in the crimes of the unlawful smuggling and trafficking of persons coordinates with the respective Departmental Board for the Protection of Children and Young Persons in any criminal investigations involving children and young persons as victims with a view to providing them with the necessary protection. Victims of trafficking also receive specialized psychological assistance and support with a view to their inclusion in training programmes and productive activities. The Committee also notes that the Regulations issued under the Special Act to combat trafficking in persons (Decree No. 61 of 25 October 2016) provides in section 54 for the creation of hostels and specialized care centres for children and young persons who are victims of trafficking. The Committee requests the Government to continue supplying information on the measures adopted to provide the necessary and appropriate direct assistance to free children and young persons who are victims of trafficking, with an indication of the numbers who have been rehabilitated and socially integrated. In this regard, it also requests the Government to indicate the number of hostels and specialized care centres for children and young persons who have been victims of trafficking that have been established and the numbers of persons protected.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted the situation of boys and girls who work in the domestic sector under difficult and degrading conditions and requested the Government to take measures in this regard. The Committee notes that, according to data of the General Directorate of Statistics and Census provided by the Government, the percentage of children between the ages of 5 and 17 years engaged in child labour who were working in domestic service was 14.1 per cent in 2019, most of whom were girls or young women. It notes the Government’s indication that the number of boys and girls under 14 years of age engaged in household work who have been provided with assistance by Community Family Health Units was 9,676 in 2018, 8,980 in 2019 and 8,213 in 2020. The Committee requests the Government to provide more specific information on the measures adopted to remove and rehabilitate children engaged in domestic work under hazardous conditions.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In its previous comments, the Committee welcomed the adoption of the Special Act to combat trafficking in persons, which criminalizes and penalizes the crime of trafficking in boys, girls and young persons for sexual or labour exploitation and establishes measures for prevention and the protection of victims. In response to the request for information on the effect given in practice to the Act, the Committee notes the indication by the Government in its report that: in 2019 a case of trafficking in persons for labour exploitation was prosecuted involving five victims under 18 years of age of Guatemalan nationality, and that four of those charged were convicted. The National Civil Police recorded eight cases of the trafficking of minors in 2018 (three for labour exploitation and five for sexual exploitation) and 19 cases in 2019 (three for labour exploitation and 16 for sexual exploitation); 15 cases were referred to the National Council for Children and Young Persons (in charge of providing assistance to child victims of trafficking) involving boys, girls and young persons who were presumed victims of trafficking; and the Ministry of Education, Science and Technology identified 73 students affected by the crime of trafficking. The Committee also notes the detailed information on action to prevent trafficking in children and young persons, including: (i) training days on trafficking for police responsible for prevention and immigration officials; (ii) awareness-raising talks for students in public and private educational institutions; and (iii) coverage of the crime of trafficking in persons in the education curriculum at all levels, with a view to promoting a culture of denouncing the crime. Health workers have also been trained in the early detection of victims of trafficking, as a result of which 28 presumed cases of trafficking were detected in 2019 involving children and young persons between the ages of 10 and 17 years, which were referred to the Office of the Public Prosecutor for the respective investigations. The Committee notes that, in its concluding observations in 2018, the United Nations Committee on the Rights of the Child expressed concern at the occurrence of child trafficking in schools (CRC/C/SLV/CO/5-6, paragraph 42). Noting the measures adopted by the Government, the Committee encourages it to continue taking measures to prevent, investigate and punish trafficking of children and young persons for labour and sexual exploitation. It also requests the Government to continue providing updated statistical information on the number of investigations, prosecutions and convictions in cases of trafficking of children and young persons under the Special Act to combat trafficking in persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures adopted by the Government to facilitate the access to education of boys and girls in a situation of poverty and requested the Government to provide information on their results. In this regard, the Committee notes the Government’s indication that programmes for the provision of school uniforms and materials to children in public educational institutions are continuing and that measures have been taken to improve the infrastructure in educational establishments with a view to creating safe and pedagogically appropriate spaces to bring together students and communities. A total of 727 school infrastructure and furniture projects were carried out in 2018, 1,334 in 2019, 667 in 2020 and 93 between January and April 2021. Moreover, between 2018 and 2020, a total of 1,048,953 children and young persons in initial or middle education benefited from the provision of school meals. The Committee also notes the adoption of various measures to eradicate poverty, including transport vouchers for young persons in the third cycle of the general or technical baccalaureate in any of the forms provided by the Ministry of Education, as well as additional vouchers for young mothers who are still in the education system.

The Committee also notes, according to the 2017 report of the Ministry of Education Observatory of Subsidized Public and Private Educational Establishments in El Salvador, that 44.61 per cent of educational establishments in 2017 were in communities where gangs are present; 38.11 per cent were located in areas where theft and/or burglaries are reported; 34.62 per cent are in areas where drugs are circulating; 27.62 per cent in areas where the carrying of knives and firearms have been identified; and 18.76 per cent in areas where extortion is practiced. It also notes that in its 2018 concluding observations, the Committee on the Rights of the Child emphasizes the overwhelming impact of violence on children’s access to education, with the majority of schools situated in communities where there is a high crime rate and a high number of killings of teachers and students (CRC/C/SLV/CO/5-6, paragraph 42). The United Nations Special Rapporteur on the human rights of internally displaced persons, in her 2018 report on her visit to El Salvador, also indicates that schools in some localities are no longer considered safe spaces for children, teachers are threatened, gangs operate within and around some school facilities where they recruit children, expose them to gang-related criminal activities, and identify girls as sexual targets for gang members (A/HRC/38/39/Add.1, paragraph 22).

While recognizing that the Government has adopted certain measures to facilitate the access of children and young persons to free basic education, the Committee notes with concern the existence of a climate of violence in certain areas of the country, which could have a negative impact on the access of children and young persons to education. Recognizing the difficult security situation in the country, and considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to renew its efforts to improve the education system and to continue facilitating access to free basic education for children living in all the regions of the country. The Committee also requests the Government to provide information on the progress achieved in this respect, and on the results of the various educational support programmes for poor children.

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

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

Article 6 of the Convention. Programmes of action. In its previous comments, the Committee noted the adoption of a special protocol on children and young persons who are victims of child labour or the worst forms of child labour. It also noted the measures undertaken by the Social Investment Fund for Local Development (FISDL), and the programmes established with ILO assistance to increase school enrolment and attendance rates. The Committee requested the Government to continue providing information on these measures, including in relation to the implementation of the special protocol referred to above.

The Committee takes due note of the Government’s indications that it has established a technical standard for complete and integrated care (Decision No. 1064 of 21 July 2016). This standard takes into account the rehabilitation of child victims of ill-treatment. Under the terms of section 45, “a carer in the integrated health service network (RIISS) who assists girls, boys and young persons who are victims of ill-treatment, commercial sexual exploitation or the worst forms of child labour, shall take action in accordance with the technical standard for their rehabilitation”. The standard is also based on section 52, which provides for the “referral of girls, boys and young persons affected by ill treatment, commercial sexual exploitation and the worst forms of child labour to legal care and protection services and ensuring the follow-up of these cases through intersectoral coordination in accordance with the provisions in force”. The Committee also notes the care provided to 796 girls, boys and young persons by the RIISS.

The Committee notes from the report the training provided by the Government to 240 facilitators and 395 resource persons in community family health units in the five regions of the country on the application of the comprehensive care technical standard in relation to victims of violence, with special attention to children. The Committee takes due note of the training on the commercial sexual exploitation of girls, boys and young persons (ESCNNA) organized by the Ministry of Tourism and the national tourist police within the context of the tourist culture and intended for the economic sector. Similarly, discussions on the subject have been held with the Ministry of Tourism and the national police along the coastal zone with cooperatives and owners and employees in small and medium-sized tourist enterprises. The executive secretariat of the National Council to Combat Trafficking in Persons carried out awareness-raising activities for 2,473 public officials and employees, as well as students, magistrates, police officers and prosecutors.

The Committee notes from the Government’s report the measures adopted in relation to the comprehensive care, protection and recovery of victims of trafficking in persons. A rapid response team has been established and trained by the various institutes. Similarly, 15 direct and indirect victims benefited in 2015 from a specialized inter-institutional care protocol for children and young persons who are victims of sexual violence and trafficking in children, as well as for street children and child victims of the worst forms of child labour. The Committee requests the Government to continue its efforts to protect child victims of trafficking in persons. The Committee also requests the Government to continue providing information on the results achieved through the application of the specialized inter-institutional care protocol for children and young persons who are victims of sexual violence, trafficking in children and for street children and child victims of the worst forms of child labour.

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. In its previous comments, the Committee requested the Government to provide information on the results achieved through the measures adopted in the context of the operational programme of the Road map in terms of the number of children who have benefited from these programmes. It also requested the Government to continue to provide information on the effective and time-bound measures adopted in the context of the Road map with a view to ensuring that children are not victims of the worst forms of child labour, providing them with the necessary and appropriate direct assistance for their removal and ensuring their rehabilitation and social integration.

The Committee takes due note of the results achieved in the context of the operational programme of the Road map, as indicated in the Government’s report. School assistance has been provided to students in the form of kits containing clothing and school equipment and school food programmes have been implemented through school vegetable gardens and farms. These programmes have covered 91,509 boys and 87,920 girls between the ages of 4 and 6 years (crèche); 295,881 boys et 283,778 girls between the ages of 7 and 12 years (primary school); 145,499 boys and 139,793 girls between the ages of 13 and 15 years (third cycle of basic education); and finally, 66,987 boys and 69,722 girls in the educational level for children between 16 and 18 years of age. According to the statistics of the Ministry of Education, the programme “A glass of milk at school” enabled one million school children to benefit from milk in 2,918 schools and to reinforce the local economy for 2,600 persons in the agricultural sector in 2015. Health and education bonuses were distributed through the programme “Solidarity in rural communities” in 100 municipal areas considered by the Government to be in a situation of extreme poverty. Some 91.2 per cent of the children of the families receiving the bonuses participate in the school programme. Between 2016 and 2017, the Government indicates that it improved school enrolments and increased educational resources, particularly through the rehabilitation and construction of 40 schools and the repair of 383 other schools. Further activities resulted in the reinforcement of school assistance, such as the temporary income support programme, which provided conditional cash benefits through community projects and training, benefiting 15,661 participants between 2014 and 2016.

The Committee notes the permanent plan for the verification of the labour rights of minors in all economic sectors, which will be applied by the general directorate of the labour inspectorate at the national level. The Committee notes the decrease by 1,500 in the number of work permits for children and young persons aged 14–17 years between 2014 and 2017. During labour inspections of seven cases involving minors, one case was detected of a minor without a work permit in 2017. The Committee requests the Government to provide information on the results achieved by the measures taken within the context of the programmes referred to in its report, including the operational programme of the Road map, in terms of the number of children who have benefited from these programmes. The Committee also requests the Government to provide information on the permanent plan for the verification of the labour rights of minors of working age through the labour inspectorate. The Committee further requests the Government to provide detailed information in its next report on the results achieved in the context of the National Education Plan 2021.

Clause (d). Children at special risk. Child domestic workers. In its previous comments, the Committee noted the increasing number of boys and girls who were victims of hazardous working conditions and the practice of “handing over” boys and girls to families for use as domestic workers, without appropriate remuneration and school attendance, which persisted in the country, and it noted that girls work under very difficult and degrading conditions. The Committee requested the Government to take specific measures to provide the necessary and appropriate direct assistance for the removal of these children from the various forms of hazardous work and to ensure their rehabilitation and social integration, and to provide detailed information on the measures adopted in this respect and the results achieved.

The Committee notes from the census undertaken by the Ministry of Education that in 2016, despite the various activities carried out by the Government to eradicate child labour in sugar cultivation, 18,979 children between the ages of 3 and 17 years are still involved, while 5,792 children work as vendors in markets and itinerant trading, 3,725 girls work as paid domestic workers and 1,668 children work in activities related to fishing. The Committee notes from the Government’s report that the foundation FUNDAZUCAR identified 113 child workers in the sugar-cane sector and that it has established a system of surveillance in the sector (SIMSA) for children engaged in work. In 2016, the foundation engaged in awareness-raising activities for 4,026 persons on child labour in sugar-cane plantations.

The Committee notes the permanent plan for the verification of the labour rights of children in all economic sectors. However, the Committee does not note any further data in the Government’s report on unpaid girl and boy domestic workers. Noting the absence of information on this subject, the Committee once again requests the Government to take specific measures for the provision of the necessary and appropriate direct assistance for the removal of these children from the various forms of hazardous work and for their rehabilitation and social integration. It further requests the Government to provide detailed information on the measures adopted in this respect and the results achieved.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted the cash transfer programme entitled “Solidarity for Urban and Rural Communities”, which had the objective of integrating children into the school system and providing them with health care. The Committee also noted that action to combat poverty was one of the objectives of the Road map. The Committee requested the Government to provide information on the results achieved in relation to poverty reduction, as a contribution to the eradication of the worst forms of child labour.

The Committee notes that the Government describes in its report the various strategies for the eradication of poverty and that “active students, pregnant young women and other persons who wish to return to the third cycle of the baccalauréat in the school system who are under 21 years of age” and “families with children between zero and 2 years of age and pregnant women” are the priority categories for the Government. In terms of financing, the Committee notes the specific action taken by the Government, including the education allowance, which consists of a monthly amount allocated to students in the third cycle or the baccalauréat of US$15 a month and per child. Young mothers registered in the education system are provided with US$5 more until the end of the baccalauréat. In 2016, a total of 60,741 families with a pregnant woman or child under 5 years of age, and families with children at school up to the end of primary school (sixth grade) were provided with a first child bonus. In addition, 5,002 young persons in the third cycle and the baccalauréat were provided with an education bonus. Similarly, the Social Investment Fund for Local Development (FISDL) has developed infrastructure for drinking water and basic sanitation, electrification, education, health, social development, bridges and roadways, with a total number of beneficiaries of 2,760,789 persons between 2014 and 2017. In its report, the Government estimates the growth in coverage of drinking water and electricity was 4.3 per cent in the 100 municipal authorities considered by the Government to be in a situation of extreme poverty. As 35 per cent of the population needs to be covered by the poverty eradication strategy, according to the Government’s report, the Committee encourages the Government to continue its efforts to reduce poverty and thereby contribute to the eradication of the worst forms of child labour.

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

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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 6 of the Convention. Programmes of action. In its previous comment, the Committee noted the Roadmap to Free El Salvador from Child Labour and its Worst Forms (hereafter, the Roadmap), which was developed with ILO–IPEC assistance and constitutes a national strategic framework based on the achievement of the objectives set out in the Decent work in the Americas: An agenda for the hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020.

The Committee notes the Government’s information, set out in table 20 of its report, which enumerates the measures and levels of achievement carried out by the National Institute on Children and Adolescents (ISNA) within the framework of the Roadmap. The Government also refers to the adoption of a special protocol for children and adolescents in child labour or victims of its worst forms. In addition, the Committee notes the measures undertaken by the Social Investment Fund for Local Development (FISDL) under the Roadmap, including many programmes with ILO assistance, to increase school attendance and participation. The Committee appreciates the Government’s efforts within the context of the Roadmap to implement programmes of action to eliminate child labour, including its worst forms, and requests the Government to continue to provide information concerning these measures, including the implementation of the special protocol to which it refers in its report.

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. Implementation of the Time-bound Programme (TBP). Further to its previous comment which noted the completion of the ILO–IPEC Time-bound Programme, the Committee notes the Government’s reference to the operational programme of the Roadmap. The Government indicates that this programme sets out the Roadmap’s objectives, monitoring, report planning and information software. The Government further references the inter-institutional protocol for the removal and prevention of children and adolescents in child labour, which includes coordination between the Ministry of Labour and Social Provision and other key institutions to strengthen efforts in this respect. Finally, the Committee notes the ILO–IPEC project “Elimination of Child Labour in El Salvador through Economic Employment and Social Inclusion”, which aims to increase the capacity of public institutions and municipalities and strengthen local resources. The Committee requests the Government to provide information on the results of the programmatic measures that are referenced in its report, including the operational programme of the Roadmap, in terms of the number of children who have benefited from these programmes. It also requests the Government to continue to provide information on the effective and time-bound measures adopted within the context of the Roadmap to prevent children from becoming victims of the worst forms of child labour and for the provision of the necessary and appropriate direct assistance for their removal from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted that increasing numbers of boys and girls were becoming victims of hazardous working conditions and that the practice of “handing over” boys and girls to families – who are used as domestic servants and work long hours without adequate remuneration and without attending school – still exists in the country. It also observed that girls are often employed informally in domestic work under very difficult and degrading conditions. Noting the absence of information on this point, the Committee again 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. It also requests the Government to provide detailed information on the measures adopted in this respect and the results achieved.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted the cash transfer programme “Solidarity for Urban and Rural Communities”, which aims to integrate children into the school system and provide them with health care. The Committee also noted that combating poverty is one of the objectives of the Roadmap. However, it also noted that, although poverty was decreasing, six out of ten children still lived in poverty and that disparities between urban and rural areas remained substantial.

The Committee notes, in this respect, the Government’s indication that, under the solidarity programme, the FISDL has closed the wealth gaps in 100 municipalities which were classified as the poorest in the country. The Committee further notes the Government’s information concerning programmes which were carried out in 2010 and 2011 to provide resources for poor communities, including rural areas, and the 2013 Presidential Programme for Rural Communities which benefited 75,192 families in 100 municipalities in extreme poverty. The Government indicates that, in 2013, US$3,872,975 were provided for programmes in rural and urban communities and that, within the context of a rural community programme, six municipalities and 830 families benefited from education and classroom reform.

The Committee takes due note of the Government’s efforts to combat poverty, particularly in the rural areas. Nevertheless, it notes the 2013 household and multiple purpose survey (EHPM), which indicates that 43.7 per cent of children and adolescents live in poverty and that, within this group, 48.7 per cent live in rural areas and 39.9 per cent live in urban areas. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to continue its efforts in this regard and requests it to provide information on the results achieved, as well as any additional measures adopted in the context of the Roadmap to combat child labour.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Articles 3(a) and 7(1) of Convention. Worst forms of child labour and penalties. Sale and trafficking of children for sexual exploitation. The Committee previously noted 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. It also noted the concern expressed by the Committee on the Rights of the Child (CRC) with respect to the low level of prosecutions and convictions for trafficking-related crimes vis-à-vis the reported cases.

The Committee notes the Government’s information concerning the investigations conducted and the convictions obtained in relation to the sale and trafficking of persons. However, as noted in its previous comment, this information does not provide statistics disaggregated according to whether the victims are adults or under 18 years of age; instead, the Government has provided a sample case of a criminal conviction for the trafficking of 11 victims between the ages of 11 and 16 years. Furthermore, the Committee notes that, without specifying any age, the Government indicates that public authorities identified 32 child victims of human trafficking in 2013. Finally, the Committee understands that the Committee on Family, Children, Adolescents, Elderly Persons and Persons with Disabilities has conducted a study and drafted a Special Law against Human Trafficking which will, among others, impose higher penalties for crimes committed against children.

The Committee also notes the adoption of a National Policy to Combat Trafficking in Persons in 2012. However, it further notes the 2014 concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW/C/SLV/CO/2, paragraph 44), which expresses concern regarding the few sentences that have been passed for the offence of human trafficking. The Committee accordingly 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. It also requests the Government to ensure that the draft Special Law against Human Trafficking is adopted. It further requests the Government to provide statistical information concerning the investigations and convictions obtained in relation to the sale and trafficking of children under the age of 18 years.

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. Further to its previous comments, the Committee notes the Government’s reference to its national policy to combat human trafficking established under Decree No. 450 in 2012, which defines the term “human trafficking” to include trafficking for the purpose of sexual exploitation and sex tourism. The national plan provides for the protection, reintegration and restitution of victims of trafficking, and provides for programmes to be developed to protect victims and repatriate them as necessary. The Committee further notes the establishment of a National Council against Human Trafficking, which is mandated to further formulate, coordinate and evaluate the national policy as well as, among others, establish a national action plan implementing the principles set out in the national policy. The national policy and national action plan will be evaluated every three years to determine appropriate follow-up action, and public reports will be distributed to provide information concerning their accomplishments and application.

The Committee also notes the Government’s information concerning measures taken to provide assistance to children and adolescents, including awareness raising in school centres for 919 boys and 854 girls on preventing trafficking for commercial sexual exploitation and the training of 290 officials on the rights of children in themes such as migration, trafficking and sexual exploitation. The Government also indicates that the Ministry of Justice and Public Security has implemented a plan to eradicate commercial sexual exploitation, human trafficking, child labour and the worst forms of child labour as part of the Institutional Strategy Plan (PNC).

The Committee takes due note of the Government’s programmatic measures to combat human trafficking. However, it also notes that while the national plan and the mandate of the National Council target human trafficking generally, they do not contain specific provisions for child victims under the age of 18. It also notes that, according to the Government’s statistical information, there were 14 cases of commercial sexual exploitation in January 2014, which the Committee notes is approximate to the 15 cases of such exploitation reported in January 2013, and may indicate that the Government’s efforts to decrease the incidence of trafficking of children needs to be further strengthened. Recalling that children below the age of 18 years are particularly vulnerable to trafficking for commercial sexual exploitation, the Committee strongly encourages the Government to take immediate and effective time-bound measures for the prevention, removal and rehabilitation of child victims, specifically, within the context of the national plan.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5. Child labour monitoring and control system. Further to its previous comment, which noted the development of a child labour monitoring and control software (SVYSTI), the Committee notes the Government’s indication that the SVYSTI remains to be implemented. The Government indicates, instead, that a new information system to monitor child labour (SIMETI) was developed and implemented, with ILO assistance. The Committee notes with interest that this system contains statistical information concerning households, education, child labour by age and sector, and comparison tables that illustrate child labour by gender and geographical area. The Government indicates that the SIMETI enables the respective agencies to input voluminous statistical information into one database, which may then be used as a point of information and consultation by institutions, companies, inspectors and other national and international bodies.

Article 6 of the Convention. Programmes of action. In its previous comment, the Committee noted the Roadmap to Free El Salvador from Child Labour and its Worst Forms (hereafter, the Roadmap), which was developed with ILO–IPEC assistance and constitutes a national strategic framework based on the achievement of the objectives set out in the Decent work in the Americas: An agenda for the hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020.

The Committee notes the Government’s information, set out in table 20 of its report, which enumerates the measures and levels of achievement carried out by the National Institute on Children and Adolescents (ISNA) within the framework of the Roadmap. The Government also refers to the adoption of a special protocol for children and adolescents in child labour or victims of its worst forms. In addition, the Committee notes the measures undertaken by the Social Investment Fund for Local Development (FISDL) under the Roadmap, including many programmes with ILO assistance, to increase school attendance and participation. The Committee appreciates the Government’s efforts within the context of the Roadmap to implement programmes of action to eliminate child labour, including its worst forms, and requests the Government to continue to provide information concerning these measures, including the implementation of the special protocol to which it refers in its report.

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. Implementation of the Time-bound Programme (TBP). Further to its previous comment which noted the completion of the ILO–IPEC Time-bound Programme, the Committee notes the Government’s reference to the operational programme of the Roadmap. The Government indicates that this programme sets out the Roadmap’s objectives, monitoring, report planning and information software. The Government further references the inter-institutional protocol for the removal and prevention of children and adolescents in child labour, which includes coordination between the Ministry of Labour and Social Provision and other key institutions to strengthen efforts in this respect. Finally, the Committee notes the ILO–IPEC project “Elimination of Child Labour in El Salvador through Economic Employment and Social Inclusion”, which aims to increase the capacity of public institutions and municipalities and strengthen local resources. The Committee requests the Government to provide information on the results of the programmatic measures that are referenced in its report, including the operational programme of the Roadmap, in terms of the number of children who have benefited from these programmes. It also requests the Government to continue to provide information on the effective and time-bound measures adopted within the context of the Roadmap to prevent children from becoming victims of the worst forms of child labour and for the provision of the necessary and appropriate direct assistance for their removal from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (d). Children at special risk. Child domestic workers. The Committee previously noted that increasing numbers of boys and girls were becoming victims of hazardous working conditions and that the practice of “handing over” boys and girls to families – who are used as domestic servants and work long hours without adequate remuneration and without attending school – still exists in the country. It also observed that girls are often employed informally in domestic work under very difficult and degrading conditions. Noting the absence of information on this point, the Committee again 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. It also requests the Government to provide detailed information on the measures adopted in this respect and the results achieved.

Article 8. International cooperation. Poverty reduction. In its previous comments, the Committee noted the cash transfer programme “Solidarity for Urban and Rural Communities”, which aims to integrate children into the school system and provide them with health care. The Committee also noted that combating poverty is one of the objectives of the Roadmap. However, it also noted that, although poverty was decreasing, six out of ten children still lived in poverty and that disparities between urban and rural areas remained substantial.

The Committee notes, in this respect, the Government’s indication that, under the solidarity programme, the FISDL has closed the wealth gaps in 100 municipalities which were classified as the poorest in the country. The Committee further notes the Government’s information concerning programmes which were carried out in 2010 and 2011 to provide resources for poor communities, including rural areas, and the 2013 Presidential Programme for Rural Communities which benefited 75,192 families in 100 municipalities in extreme poverty. The Government indicates that, in 2013, US$3,872,975 were provided for programmes in rural and urban communities and that, within the context of a rural community programme, six municipalities and 830 families benefited from education and classroom reform.

The Committee takes due note of the Government’s efforts to combat poverty, particularly in the rural areas. Nevertheless, it notes the 2013 household and multiple purpose survey (EHPM), which indicates that 43.7 per cent of children and adolescents live in poverty and that, within this group, 48.7 per cent live in rural areas and 39.9 per cent live in urban areas. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to continue its efforts in this regard and requests it to provide information on the results achieved, as well as any additional measures adopted in the context of the Roadmap to combat child labour.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 3(a) and 7(1) of Convention. Worst forms of child labour and penalties. Sale and trafficking of children for sexual exploitation. The Committee previously noted 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. It also noted the concern expressed by the Committee on the Rights of the Child (CRC) with respect to the low level of prosecutions and convictions for trafficking-related crimes vis-à-vis the reported cases.

The Committee notes the Government’s information concerning the investigations conducted and the convictions obtained in relation to the sale and trafficking of persons. However, as noted in its previous comment, this information does not provide statistics disaggregated according to whether the victims are adults or under 18 years of age; instead, the Government has provided a sample case of a criminal conviction for the trafficking of 11 victims between the ages of 11 and 16 years. Furthermore, the Committee notes that, without specifying any age, the Government indicates that public authorities identified 32 child victims of human trafficking in 2013. Finally, the Committee understands that the Committee on Family, Children, Adolescents, Elderly Persons and Persons with Disabilities has conducted a study and drafted a Special Law against Human Trafficking which will, among others, impose higher penalties for crimes committed against children.

The Committee also notes the adoption of a National Policy to Combat Trafficking in Persons in 2012. However, it further notes the 2014 concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW/C/SLV/CO/2, paragraph 44), which expresses concern regarding the few sentences that have been passed for the offence of human trafficking. The Committee accordingly 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. It also requests the Government to ensure that the draft Special Law against Human Trafficking is adopted. It further requests the Government to provide statistical information concerning the investigations and convictions obtained in relation to the sale and trafficking of children under the age of 18 years.

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. Further to its previous comments, the Committee notes the Government’s reference to its national policy to combat human trafficking established under Decree No. 450 in 2012, which defines the term “human trafficking” to include trafficking for the purpose of sexual exploitation and sex tourism. The national plan provides for the protection, reintegration and restitution of victims of trafficking, and provides for programmes to be developed to protect victims and repatriate them as necessary. The Committee further notes the establishment of a National Council against Human Trafficking, which is mandated to further formulate, coordinate and evaluate the national policy as well as, among others, establish a national action plan implementing the principles set out in the national policy. The national policy and national action plan will be evaluated every three years to determine appropriate follow-up action, and public reports will be distributed to provide information concerning their accomplishments and application.

The Committee also notes the Government’s information concerning measures taken to provide assistance to children and adolescents, including awareness raising in school centres for 919 boys and 854 girls on preventing trafficking for commercial sexual exploitation and the training of 290 officials on the rights of children in themes such as migration, trafficking and sexual exploitation. The Government also indicates that the Ministry of Justice and Public Security has implemented a plan to eradicate commercial sexual exploitation, human trafficking, child labour and the worst forms of child labour as part of the Institutional Strategy Plan (PNC).

The Committee takes due note of the Government’s programmatic measures to combat human trafficking. However, it also notes that while the national plan and the mandate of the National Council target human trafficking generally, they do not contain specific provisions for child victims under the age of 18. It also notes that, according to the Government’s statistical information, there were 14 cases of commercial sexual exploitation in January 2014, which the Committee notes is approximate to the 15 cases of such exploitation reported in January 2013, and may indicate that the Government’s efforts to decrease the incidence of trafficking of children needs to be further strengthened. Recalling that children below the age of 18 years are particularly vulnerable to trafficking for commercial sexual exploitation, the Committee strongly encourages the Government to take immediate and effective time-bound measures for the prevention, removal and rehabilitation of child victims, specifically, within the context of the national plan.

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

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

Article 4(1) and (3) of the Convention. Determination and periodical examination of hazardous types of work. The Committee notes with interest that Agreement No. 241, published in the Official Gazette in August 2011, establishes a detailed list of the hazardous types of work that are prohibited for children and young persons under 18 years of age, which covers 29 different fields of activity.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted that an ILO project for the modernization of labour inspection services is currently being implemented in the country and that one of the aspects of the project relates to child labour. It requested the Government to provide information on the measures taken as part of the project to improve the labour inspection system with regard to the elimination of the worst forms of child labour.

The Committee notes with interest the information provided by the Government according to which the General Directorate of Labour Inspection has increased the capacity of its staff with a view to attaining a total of 208 labour inspectors by 2010, compared with 21 in 2006. It also notes that the working hours of inspectors have been modified so that their working day begins at the time when the probability of detecting cases of child labour is the highest, particularly in the agricultural sector. It notes that, according to the information contained in the final ILO/IPEC report of March 2010 on the implementation of Phase II of the Time-bound Programme (TBP) (final ILO–IPEC report), an employee has been designated as a focal point in all the departmental and regional offices of the Ministry of Labour, and has been entrusted with coordinating activities in the field relating to child labour and reporting to the Child Labour Elimination Unit of the Ministry of Labour and Social Welfare. In addition, 2,857 specific inspections were carried out during the implementation of Phase II of the TBP (between October 2006 and December 2009) in sugar-cane and coffee plantations, the fireworks industry and the fishing sector.

Child labour monitoring and control system. Further to its previous comments, the Committee notes the Government’s indication that the new child labour monitoring and control software (SVYSTI) has been designed on the basis of the pilot child labour monitoring and control system created as part of the implementation of Phase II of the TBP. This system allows for the active participation of the community through local or community monitoring committees so that child labour monitoring at the community level is supported by a referral system creating links with the competent services and children removed from child labour. This system can also be used to follow the development of children removed from child labour so as to prevent them returning to their previous situation. The Committee also notes that the SVYSTI software is currently being redesigned to improve the utilization of the information compiled. The Committee requests the Government to continue providing information on the establishment of the child labour monitoring and control system (SVYSTI) at the national level.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that, in collaboration with ILO–IPEC, the Government prepared a roadmap to free El Salvador from child labour and its worst forms. The roadmap constitutes a national strategic framework based on the achievement of the objectives set out in Decent work in the Americas: An agenda for the hemisphere, namely the elimination of the worst forms of child labour by 2015 and the eradication of child labour in all its forms by 2020. The strategic framework set out in the roadmap covers six dimensions: (i) combating poverty; (ii) health; (iii) education; (iv) comprehensive protection of rights and the legal and institutional framework; (v) awareness-raising and social mobilization; and (vi) knowledge generation and follow up. The Committee requests the Government to provide information on the measures adopted as part of the implementation of the roadmap with a view to the elimination of the worst forms of child labour by 2015.

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. Implementation of the TBP. Further to its previous comments, the Committee notes the results achieved following the implementation of Phase II of the TBP. It notes that, according to the ILO–IPEC final report, 3,249 children were removed from child labour and enrolled in an educational programme supported by the project between October 2006 and December 2009. The great majority (80 per cent) completed the educational programme. Furthermore, 120 children entered the apprenticeship programme, which was completed by 95 per cent of them. With regard to prevention, some 9,555 children were prevented from working and enrolled in an educational programme supported by the project. Moreover, 746 families benefited from services to promote alternative income-generation opportunities. The Committee notes that the TBP ended in December 2009. Noting that Phase II of the TBP has been completed, the Committee requests the Government to provide information on the time-bound measures adopted or envisaged, particularly as part of the implementation of the roadmap, to prevent children from becoming victims of the worst forms of child labour and for the provision of the necessary and appropriate direct assistance for their removal from the worst forms of child labour and to ensure their rehabilitation and social integration. In this respect, it requests the Government to provide information on the results achieved in terms of the number of children who in practice have been prevented from being engaged or removed from the worst forms of child labour and who have benefited from integration measures.

Article 8. International cooperation and assistance. Poverty reduction. In its previous comments, the Committee took due note of the information on the measures adopted in the context of the “Solidarity Network” programme relation for poverty reduction. It noted in particular that, between October 2005 and December 2007, a total of 48,659 families resident in 47 poor municipalities in the country benefited from the programme. It was also envisaged in 2008 that the programme would be implemented in 77 poor or extremely poor municipalities.

The Committee notes the information provided by the Government that the solidarity and opportunities network programme ended in 2009. It notes that a new cash transfer programme “Solidarity for Urban and Rural Communities” has been launched. The objectives of the programme include the integration of children into the school system and the provision of health care to them. The Committee also notes that combating poverty is one of the objectives of the roadmap to free El Salvador from child labour and its worst forms, prepared by the Government of El Salvador. According to the framework document determining the strategic context of the roadmap, 40 per cent of the population of El Salvador was poor in 2007, with 15.6 per cent living below the poverty line. In this respect, the Committee observes that the United Nations Committee on the Rights of the Child, in its concluding observations of 17 February 2010 on the third and fourth periodic reports on El Salvador (CRC/C/SLV/CO/3-4, paragraph 66), noted with concern that, although poverty has been decreasing, six out of ten children still live in poverty and that disparities between urban and rural areas remain substantial. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts in this regard and requests it to provide information on the results achieved following the programme “Solidarity for Urban and Rural Communities”, as well as on the tangible measures adopted in the context of the roadmap to combat child poverty.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 noted that certain provisions of the national legislation lay down controls on the import, export, manufacture, production and distribution of drugs. However, these provisions do not prohibit the use, procuring or offering of children under 18 years of age for illicit activities. The Government indicated that, as part 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 will be revised so as to reinforce the protection of children in this field. The Committee notes that the Government has not supplied any information on this matter. The Committee expresses the firm hope that, in the context of this legislative reform, measures will be taken to explicitly prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, in accordance with Article 3, paragraph (c), of the Convention, and that adequate penalties will be adopted. It requests the Government to provide information on any new developments in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to the information contained in a September 2008 ILO/IPEC report on the implementation of phase II of the Time-bound Programme (TBP) (September 2008 ILO/IPEC report on phase II of the TBP), an ILO project to modernize the labour inspection services is in progress in the country. One of the aspects of this project concerns child labour. It is hoped that this modernization of the labour inspection services, which, among other things, provides for legislative reforms and the training of inspectors, will strengthen the whole of the inspection system and will have an impact on the elimination of child labour. The Committee requests the Government to provide information on the measures taken as part of the implementation of the ILO project to modernize the labour inspection services and to improve the labour inspection system with regard to the elimination of the worst forms of child labour.

2. Monitoring and control system with regard to child labour. The Committee notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, a system to monitor and control child labour has been set up in several municipalities in the country. This system enables labour inspectors to identify child workers, to ascertain that they are exposed to hazardous working conditions and to verify that they have been withdrawn from such labour and reintegrated into the school system or other types of training. The Committee requests the Government to supply information on the monitoring and control system with regard to child labour, including information on the results achieved as a result of labour inspections in the context of this system.

Article 6. Programmes of action. The Committee notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, a second National Plan for the elimination of the worst forms of child labour will be drawn up. The Committee requests the Government to supply a copy of the second National Plan for the elimination of the worst forms of child labour with its next report. It also requests the Government to provide information on the programmes of action which will be adopted, as part of the implementation of this second National Plan, to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee duly notes the detailed information provided by the Government on the programmes of action implemented by the Ministry of Education in the context of “Plan 2021”. It notes that these programmes have enabled a range of measures to be taken aimed at improving the quality of education and increasing the school attendance rate, particularly for children living in rural and urban areas who are marginalized or from extremely poor families. Moreover, measures have been taken to ensure equality of opportunity in access to education, particularly in terms of gender equality and also for any children requiring special education or suffering from a disability. According to the Government, these programmes benefited more than 1,857,246 students in 2007. The Committee notes that the “National Plan for the elimination of the worst forms of child labour (2006–09)” provides that measures will be taken to improve the education system. It also notes that, according to the September 2008 ILO/IPEC report on phase II of the TBP, informal education centres established under phase I of the TBP will be made operational by the end of 2008.

The Committee also notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, the country has a good chance of achieving the objective of universal primary education for all by 2015. Moreover, since regular progress is being made, the country also has a good chance of achieving the goal of gender parity in both primary and secondary education. The Committee also notes that, according to UNICEF statistics for 2006, the net primary school enrolment rate is 93 per cent for girls and 93 per cent for boys and, in secondary education, 54 per cent for girls and 52 per cent for boys. The Committee duly notes the net primary school enrolment rate and the fact that the country has a good chance of achieving the goal of universal primary education for all by 2015 and also that of gender parity. However, it expresses its concern with regard to the low net secondary school enrolment rate. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the working of the education system in the country. It requests the Government to supply information on the time-bound measures taken, as part of the implementation of “Plan 2021” and the “National Plan for the elimination of the worst forms of child labour (2006–09)”, to increase the school enrolment rate, particularly in secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (b). Direct aid to remove children from the worst forms of child labour. Implementation of the TBP. With reference to its previous comments, the Committee notes with interest the detailed information provided by the Government on the results achieved further to the implementation of phase I of the TBP between September 2001 and September 2006. It notes that 14 programmes of action have been implemented and have benefited 42,770 children. Of these, 29,803 have been prevented from working and 12,967 have been withdrawn from their work in sugar plantations, the fishing industry, public refuse dumps, the fireworks industry, coffee plantations and urban street trading. The Committee also notes that these children have been the recipients of various services, including formal or informal education and vocational training, and their parents have also had access to income-generating activities.

The Committee notes with interest that phase II of the TBP, which started in October 2006 and will end in September 2009, will implement programmes to eliminate the worst forms of child labour, particularly in the sugar cane industry, the fishing industry and hazardous work in markets. The Committee duly notes the information supplied by the Government to the effect that, between October 2006 and August 2008, more than 5,054 children benefited from phase II of the TBP. Of these, 3,754 were prevented from working and 1,300 were withdrawn from their work. The Committee notes that, according to the statistics supplied by the Government, child labour, particularly in its worst forms, is decreasing in the country. The Committee urges the Government to continue its efforts and requests it to provide information on the time-bound measures adopted, as part of the implementation of phase II of the TBP, to provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. It also requests the Government to supply information on the results achieved. Finally, the Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of any children removed from the worst forms of child labour as a result of the second phase of the TBP.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, clauses (a) and (b), of the Convention and Part III of the report form. Sale and trafficking of children for sexual exploitation, and court decisions. In its previous comments, the Committee noted the indication from the
Inter-Union Commission of El Salvador (CATS–CTD–CGT–CTS–CSTS–CUTS), to the effect that ever increasing numbers of boys and girls are being sexually exploited in El Salvador. It also noted that, according to the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), the trafficking of people for sexual exploitation, particularly in forced prostitution rings involving children, is a serious problem in the country, with child victims of trafficking for prostitution coming from Mexico, Guatemala and other countries in the region. Moreover, the ITUC indicated that an internal trafficking network exists. The Committee also noted the amendments made to sections 169, 170 and 367-B of the Penal Code and the drawing up of a preliminary draft Act on migration and the status of foreigners.

The Committee notes the information supplied by the Government to the effect that the preliminary draft Act on migration and the status of foreigners is currently the subject of consultation and revision by a commission composed of public institutions including the Ministry of External Relations, the Ministry of Economic Affairs and the Legal Department of the Presidency. Once this procedure has been completed, the preliminary draft Act will be presented to the Legislative Assembly for approval and promulgation. The Committee notes with interest the detailed information supplied by the Government on the investigations conducted into the sale and trafficking of persons, particularly children. It notes in particular the statistics on penalties imposed for the sale and trafficking of children for commercial sexual exploitation between August 2006 and December 2007. A total of 136 investigations have been conducted by the police forces. Of these, 58 cases are being examined by the courts; 43 cases are still under investigation; and 35 persons have been convicted. The Committee notes the Government’s statement that persons found guilty of the sale and trafficking of children for sexual exploitation have been sentenced to terms of imprisonment ranging from 14 to 26 years. The Committee strongly encourages the Government to continue its efforts to ensure in practice the protection of children under 18 years of age against sale and trafficking for sexual exploitation. It requests the Government to continue providing information on the application of the new provisions of the Penal Code in practice. In particular, in view of the information to the effect that persons have been prosecuted under these new provisions, the Committee requests the Government to supply copies of any court decisions issued under these provisions in its next report. Finally, it requests the Government to supply a copy of the Act on migration and the status of foreigners once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the information supplied by the Government to the effect that the Department of Investigations into the Trafficking of Persons, which forms part of the Border Division of the civilian national police, has been strengthened in order to ensure better coverage of the country in the fight against crimes connected with commercial sexual exploitation. The Committee also notes that, according to information contained in the September 2008 report on the ILO/IPEC project entitled “Stop the exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children), the Office of the Chief Public Prosecutor has been provided with training relating to commercial sexual exploitation and trafficking to this end.

Article 6. Programmes of action to eliminate the worst forms of child labour. Sale and trafficking. The Committee notes that, according to the information contained in the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, a national plan against the trafficking of persons was approved in August 2008. The Committee requests the Government to supply information on the implementation of this national plan, particularly by indicating the programmes of action to be adopted as part of this plan to eliminate the sale and trafficking of children under 18 years of age for sexual exploitation. It also requests the Government to send a copy of the plan to the Office.

Article 7, paragraph 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 the worst forms of child labour. Commercial sexual exploitation. With reference to its previous comments, the Committee notes with interest that phase II of the Time-bound Programme (TBP), which started in October 2006 and will end in September 2009, aims to support and consolidate the measures taken and the results achieved during phase I of the TBP. The Committee duly notes the Government’s indication that, between October 2006 and August 2008, more than 5,054 children benefited from phase II of the TBP, including 400 children who were prevented from becoming victims of commercial sexual exploitation. It also duly notes the detailed information supplied by the Government on the measures taken in the context of the “Strategic plan on commercial sexual exploitation (2006–09)”. Moreover, the Committee notes the Government’s indication that the objective in 2008 is to prevent the engagement of some 200 children in, or remove them from, commercial sexual exploitation.

The Committee also notes that, according to the information contained in the September 2008 ILO/IPEC report on the implementation of phase II of the TBP, the Institute for the Development of Children and Young Persons (ISNA) is responsible for providing accommodation for victims of trafficking. To date, the ISNA has the capacity to host 15 persons. As regards the victims of commercial sexual exploitation, these are admitted to the Centre for the Immediate Protection of Children (CIPI) and are then transferred to other ISNA reception centres. The Committee duly notes the measures taken by the Government to prevent the sale and trafficking of children and to remove them from this worst form of child labour, measures which it considers to be an expression of its political will to eliminate the latter. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken as part of the implementation of phase II of the TBP and the “Strategic plan on commercial sexual exploitation (2006–09)” to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking to this end; and (b) provide necessary and appropriate direct aid to remove children from these worst forms of child labour. It requests the Government to provide information on the results achieved. The Committee also requests the Government to provide information on the reception centres established by the ISNA and the CIPI, particularly regarding the measures taken in the context of these centres to ensure the rehabilitation and social integration of child victims of commercial sexual exploitation or trafficking to this end.

Clause (d). Children at special risk. In its previous comments, the Committee noted the indication from the CATS–CTD–CGT–CTS–CSTS–CUTS to the effect 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. The Committee took note of a rapid assessment study on domestic work done by children 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 information supplied by the Government on the measures taken by the National Committee on the Elimination of the Worst Forms of Child Labour and the National Committee on the Trafficking of Persons to protect children against the various forms of abuse. The Committee notes the public awareness campaigns which have been undertaken relating to commercial sexual exploitation and the sale and trafficking of persons. The Committee further notes that these measures do not relate to child domestic workers in El Salvador. Noting once again that children employed in domestic work are often the victims of exploitation, which occurs in a wide variety of forms, the Committee urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It also requests the Government to supply information on the results achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. The Committee noted the “Solidarity network” programme aimed at significantly reducing poverty among 100,000 families spread over the 100 poorest municipalities in the country. It requested the Government to provide information on the results achieved from the implementation of the programme. The Committee duly notes the detailed information provided by the Government on the measures taken in the context of the “Solidarity network” programme to reduce poverty. It notes in particular that, between October 2005 and December 2007, 48,659 families living in 47 poor or extremely poor municipalities in the country benefited from the programme. For 2008, the programme will be implemented in 77 poor or extremely poor municipalities. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the measures taken as part of the implementation of the “Solidarity network” programme, particularly as regards the effective reduction of poverty among child victims of commercial sexual exploitation or of trafficking to this end.

The Committee is also raising a number of other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information supplied by the Government. It notes in particular that a draft Children’s and Young Persons’ Code is being studied by the Committee for the Family, Women and Children, and requests the Government to provide information on any new developments in this area.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, the Committee asked the Government to indicate whether the compulsory age of 18 years for enrolment in military service, established in article 215(1) of the Constitution, applies also to the situations set forth in article 215(2), i.e. where, in case of necessity, all nationals of El Salvador shall be treated as soldiers able to perform military duties. The Committee notes the Government’s indication that only Salvadoreans of 18 years and over may be called up, in cases of necessity, to take part in military duties.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that although there are provisions in the national legislation that regulate control of the importation, exportation, manufacture, production and distribution of drugs, they do not prohibit the use, procuring or offering of children under 18 years of age for the purposes of illicit activities. It asked the Government to take the necessary steps to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention, and to adopt appropriate penalties. The Committee notes that, according to the Government, thanks to a variety of measures taken between 2004 and 2005 to combat the scourge of proliferating narcotics, particularly in the area of cooperation with other countries of Central America and the country’s drugs enforcement unit, significant progress has been made. It notes that large numbers of the members of gangs distributing drugs to minors for commercial purposes have been punished. Furthermore, in the context of the new national plan for the elimination of the worst forms of child labour, the main national laws and regulations on the worst forms of child labour are to be amended in order to step up child protection in this area. The Committee hopes that as part of the legislative amendments, measures will be taken expressly to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, in accordance with Article 3(c) of the Convention, and that appropriate penalties will be adopted.

Article 4, paragraphs 1 and 3. Determination and periodical examination of types of hazardous work. With reference to its previous comments in which it asked the Government to indicate whether the Department of Employment consults organizations of employers and workers during the periodic examination of types of hazardous work, the Committee notes the Government’s indication that a national consultation attended by government institutions, organizations of employers and workers, the religious community and persons concerned by the problems of child labour was held in order to identify where hazardous work exists. It further notes that in the course of the consultation, an exhaustive list of criteria was drawn up to facilitate the definition of types of work that are hazardous to children.

Article 4, paragraph 2. Identification of where types of hazardous work exist. In its previous comments, the Committee noted the Government’s statement that in order to identify where work determined to be hazardous is performed, inspections are carried out in workplaces that involve high risks for the health, safety or morals of children, such as bars, restaurants, cafeterias and brothels. It noted that the examples cited by the Government concerned only the hotels and catering sector and asked the Government to indicate the measures taken or envisaged to identify other places where hazardous work is carried out. The Committee notes that, according to the Government, in the course of the national consultation, a series of specific intervention measures were identified for locating hazardous work and that inspections were accordingly carried out, particularly in the agricultural sector (sugar cane harvest), security agencies, supermarkets, the building industry and mechanics workshops.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the use of children in the worst forms of child labour. In its previous comments, the Committee requested the Government to provide statistical data of the number of children effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the Time-bound Programme (TBP). The Committee takes due note of the information supplied by the Government that more than 29,600 children (16,769 boys and 12,834 girls) have been prevented from being engaged in the worst forms of child labour in the following sectors: sugar plantations (18,603), the fishing industry (6,002), public refuse dumps (1,039), domestic work (500), the fireworks industry (293), coffee plantations (121) and street markets (608). The Committee encourages the Government to pursue its efforts and requests it to continue to provide information on the number of children effectively prevented from being engaged in the worst forms of child labour as a result of implementation of the TBP.

Clause (b). Removal of children from the worst forms of child labour. The Committee requested the Government to provide information on the measures taken to secure the rehabilitation and social integration of children removed from the worst forms of child labour, and on the economic alternatives provided for the families of such children. The Committee notes with interest that, according to the Government, more than 12,040 children (7,540 boys and 4,514 girls) have been withdrawn from the worst forms of child labour in the following sectors: sugar plantations (4,597), the fishing industry (3,550), public refuse dumps (520), the fireworks industry (817), coffee plantations (2,186) and street markets (352). The Committee takes due note of the measures taken to ensure the rehabilitation and social integration of children withdrawn from the worst forms of child labour, including vocational, refresher and literacy training. Furthermore, the National Council for the Family and the Salvadorean Institute for the Protection of Minors (ISPM) have set up psychosocial assistance for children removed from the worst forms of child labour and for their families. The Committee requests the Government to continue to provide information on the number of children actually withdrawn from the worst forms of child labour as a result of the TBP.

Clause (e). Special situation of girls. With reference to its earlier comments in which it requested the Government to indicate the manner in which it intended to pay particular attention to the special situation of girls and remove them from the worst forms of child labour, the Committee notes that, according to the statistical data provided by the Government, the special situation of girls is taken into account at all stages of implementation of the TBP. It further notes that, the National Council for the Family and the ISPM have engaged in advocacy regarding girls employed in the sugar cane harvest.

Article 8. International cooperation and assistance. With reference to its previous comments, the Committee takes due note of the information sent by the Government concerning its collaboration with other countries of Central America and various international organizations including the World Bank, the Inter‑American Development Bank and the United Nations Children’s Fund. It further notes that the Ministry of Education cooperates with other countries, including Japan, Italy and Spain, in devising action programmes to encourage parents to send their children to school. The Committee encourages the Government to continue to cooperate with other countries.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously requested the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and particularly on the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties. The Committee takes note of the statistical information sent by the Government on the extent and trends of worst forms of child labour in the country and on convictions and the nature of the infringements reported.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the detailed information sent by the Government in its report in reply to the general observation on the trafficking of children for purposes of economic or sexual exploitation that the Committee made at its 2004 session. The Committee notes that, as well as legislative measures, the Government has undertaken administrative measures and engaged in advocacy and regional cooperation with other Central American countries, including Guatemala and Honduras, with a view to eliminating these problems.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the information provided by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) to the effect that the number of children engaged in the worst forms of child labour had increased in the country. Moreover, no measures had been taken to improve knowledge of the worst forms of child labour and eliminate them and that the trade union organizations had not been consulted for this purpose. In this respect, the Government stated that several measures had been taken to eliminate child labour, particularly its worst forms, including: participation in the Time-bound Programme (TBP) on the worst forms of child labour; a national plan drawn up in the context of the TBP to eliminate the worst forms of child labour (2002-05); the preparation of “rapid assessment” studies, enabling five of the worst of forms of child labour to be determined for which there would be priority action: the fireworks industry, the fishing sector, refuse dumps, sugar plantations and sexual exploitation. The Committee requested the Government to provide information on the implementation and outcome of the TBP.

The Committee notes with interest the information provided by the Government to the effect that more than 41,650 children either sexually exploited for commercial purposes or working in the sugar, coffee and fireworks sectors, public refuse dumps and street markets have benefited from the numerous projects implemented under the TBP. Of these, more than 12,040 children have been removed from one of these worst forms of child labour and more than 29,600 have been prevented from working. Furthermore, more than 78,790 children have benefited from various forms of assistance such as vocational training, psychological counselling, health and nutrition services, refresher and literacy courses and school equipment; and around 5,130 parents have likewise benefited indirectly from the projects. The Committee also notes that the National Committee for the Elimination of the Worst of Forms Child Labour, created in 2005, has drawn up a new national plan for the elimination of the worst forms of child labour, the aim of which is to strengthen the legal framework relating to child labour and its worst forms. The Committee furthermore takes due note that the Government is committed to pursuing its efforts to eliminate the worst forms of child labour by preparing and implementing action programmes. The Committee requests the Government to continue to provide information on the implementation of the TBP and the new national plan. Please also send a copy to the Office.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for the purpose of sexual exploitation. The Committee noted previously that according to the CATS-CTD-CGT-CTS-CSTS-CUTS, an ever-increasing number of boys and girls were sexually exploited in El Salvador. It further noted that, according to the ICFTU, the trafficking of people for the purpose of sexual exploitation, particularly in forced prostitution rings involving children, was a serious problem in El Salvador, the child victims of the trafficking coming from Mexico, Guatemala and other countries in the region for the purposes of prostitution. The ICFTU further indicated that there was an internal trafficking network. The Committee noted in this respect the amendments to sections 169, 170 and 367-B of the Penal Code and observed that, although the legislation was in keeping with the Convention on this point, the sale and trafficking of children for the purpose of sexual exploitation was in practice a problem. The Committee therefore requested the Government to redouble its efforts to ensure effective application of the legislation to protect children against sale and trafficking for the purpose of sexual exploitation, particularly prostitution.

The Committee takes due note of the numerous measures taken by the Government to ensure observance in El Salvador of this provision of the Convention. It notes in particular that the national police force has carried out searches of establishments in various towns, in which a number of child victims of commercial sexual exploitation have been found and the persons directly involved in the crime convicted. The Committee also notes that the Ministry of Governance and the General Directorate of Immigration and the Status of Foreigners have drawn up a bill on immigration and general regulations regarding foreigners. The Committee is of the view that the adoption of this new legislation will improve the protection of children against trafficking, already established in the legislation currently in force in El Salvador. It expresses the hope that the Bill will become law shortly and requests the Government to provide information on any progress made in this matter. It again encourages the Government to redouble its efforts to secure protection for children under 18 years of age against sale and trafficking for the purpose of sexual exploitation, and requests it to continue to provide information on the imposition of penalties in practice, including reports showing the number of convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National action plan against the commercial sexual exploitation of girls, boys and young persons. With reference to its previous comments, the Committee notes that a working group on the commercial sexual exploitation of boys, girls and young persons, created in 2004, has a mandate to develop a national action plan against the commercial sexual exploitation of girls, boys and adolescents, and has drawn up a strategic plan for the purpose for the years 2006-09. The Committee requests the Government to provide information on the implementation of the strategic plan and to send a copy of it to the Office.

2. Regional project. The Committee notes that a regional project for the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic is being carried out in the country in collaboration with ILO/IPEC. It requests the Government to provide information on the results obtained from implementing the project.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and removing them therefrom. 1. Implementation of the TBP. With reference to its previous comments in which it asked the Government to indicate the number of children who will be saved from commercial sexual exploitation following implementation of the TBP, the Committee notes that, according to the Government, the objective of the TBP is to prevent 200 children from being engaged in this worst form of child labour and to remove 100 children from it. It notes in this connection that, according to the statistical data supplied by the Government in its report, 121 children were prevented from being engaged in this worst form of child labour and that 32 were withdrawn from it. The Committee encourages the Government to pursue its efforts and asks it to continue to provide information on the number of children actually prevented from being engaged or removed from this worst form of child labour following implementation of the TBP.

2. Other measures. The Committee takes due note of the many preventive measures taken by the Government to prevent children from being the victims of trafficking for the purposes of commercial sexual exploitation. It notes in particular the following: (i) an increase in the strength of the police force responsible for land, maritime and air frontiers; (ii) the patrolling of land borders shared with Guatemala and Honduras that are not supervised by law; (iii) training of a patrol group composed of Salvadorean and Guatemalan police officers to supervise 25 kilometres of common border; (iv) the adoption of a directive requiring employees of the General Directorate of Immigration and the Status of Foreigners to demand that all minors under 18 years of age leaving the country show their passports and be accompanied by their parents or legal guardians; (v) the opening of accommodation centres at borders for the victims of trafficking; (vi) the implementation of measures for the rehabilitation and social integration of victims of trafficking, such as vocational, refresher and literacy courses and psychological follow-up.

Clause (c). Access to free basic education. The Committee noted previously that, according to the ICFTU, education is compulsory and free until the age of 14 years in El Salvador, but there are extra charges that prevent the children of poor families from attending school. The ICFTU concluded that the authorities should facilitate access to education for children of poor families. The great majority of children who work do so to the detriment of school attendance. The Committee noted that in the context of the TBP, there were educational measures for children removed from the worst forms of child labour in question, particularly the trafficking of children for purposes of commercial sexual exploitation. It requested the Government to provide information on the number of children removed from such labour who have actually been reintegrated in basic education or follow pre-vocational or vocational training courses. The Committee notes that the Ministry of Education has set up education centres in areas with a high rate of child labour and that the centres aim to help children withdrawn from the worst forms of child labour who have studying problems. It notes that at present, more than 3,500 children are benefiting from the refresher courses provided by the education centres.

Clause (d). Children at special risk. In its previous comments, the Committee noted that, according to the CATS-CTD-CGT-CTS-CSTS-CUTS, a growing number of boys and girls are the victims of hazardous working conditions. Street work exposes them to various abuses and accidents. Moreover, 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 for long hours without adequate remuneration and without attending school. The Committee took note of a rapid assessment study on domestic work done by children published by ILO/IPEC in February 2002, according to which 93.6 per cent of children working in domestic service are girls. It expressed concern at the situation of child domestic workers in El Salvador and asked the Government to pursue its efforts and to take the necessary steps to intervene rapidly in this sector. It notes the Government’s statement that it will take the necessary steps for prompt intervention regarding children used as domestic servants. Noting that children used as domestic workers are exploited in various ways, the Committee urges the Government to take immediate steps to protect these children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee noted previously that according to the document “Combating the Worst Forms of Child Labour in El Salvador (2002-05)”, 66 per cent of the children sexually exploited in the country for commercial purposes are girls, and 34 per cent, boys. It observed that the percentage of girls so engaged was considerable and asked the Government to indicate how it intended to pay particular attention to these girls and remove them from the worst forms of child labour. The Committee takes note of the advocacy activities regarding children who are the most vulnerable to trafficking for commercial sexual exploitation in the country. It takes due note of the information sent by the Government that two guides, one on measures enabling early detection of the commercial sexual exploitation of girls and the other on measures for the protection of victims, have been published.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes the information sent by the Government that under the programme “Solidarity and Opportunities Network of the Government of El Salvador”, a series of social actions are under way to secure a significant reduction in poverty among 100,000 families distributed in the 100 poorest municipalities of El Salvador. The programme provides for a procedure providing participating families with an economic alternative, in exchange for which the children of the families must attend school. With this programme, the Government hopes to remove a number of children from worst forms of child labour. The Committee requests the Government to provide information on the results obtained from implementation of the programme, particularly the number of children actually removed from worst forms of child labour, particularly the trafficking of children for commercial sexual exploitation.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports, and the additional information supplied. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the National Council for the Family has embarked upon the preparation of a draft Code of Childhood and Adolescence. This draft Code includes a special section for the establishment of an appropriate legal framework for the implementation of the action taken by the Government for the prohibition and elimination of the worst forms of child labour. It requests the Government to provide information on the progress made in the preparation of the draft Code of Childhood and Adolescence.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 367 of the Penal Code provides that any person who, as a member of an international organization, engages in the sale of persons for any purpose is liable to a sentence of between four and eight years of imprisonment. If the sale is to the prejudice of children who are nationals of El Salvador, the sentence may be increased by three-quarters of the maximum penalty. The Committee also notes that section 367-B of the Penal Code, as added by Decree No. 210 of 25 November 2003, provides for a penalty for any person found guilty of the sale and trafficking of persons under 18 years of age for the purposes of sexual exploitation.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 4 of the Constitution provides that no person may be subjected to slavery or serfdom. It also notes that article 9 of the Constitution provides that no person may be compelled to perform work or provide personal services without fair recompense and without consent. Furthermore, section 13 of the Labour Code prohibits forced labour and defines it as any work or service which is exacted under the menace of a penalty and against the person’s will.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 215(1) of the Constitution provides that military service is compulsory for all nationals of El Salvador from the ages of 18 to 30 years. But in the case of necessity, the article provides that all nationals of El Salvador are considered soldiers ready to perform military duties. It also notes that section 351-23 of the Family Code recognizes the right of minors not to be engaged in military service. Furthermore, section 2 of the Act of 1992 respecting military service and reserve armed forces provides that the Act applies to young persons between 16 and 18 years who enrol voluntarily, in accordance with the regulations. The Committee requests the Government to indicate whether the compulsory age of 18 years to enrol in military service, established by article 215(1) of the Constitution, also applies to situations of necessity provided for by this provision and for which all nationals of El Salvador are considered as soldiers ready to perform military duties.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 169 of the Penal Code provides that any person who incites, facilitates, encourages, finances or organizes, in any manner, the use of persons under 18 years of age in acts of a sexual or erotic nature, individually or in groups, in public or in private, is liable to a sentence of between three and eight years of imprisonment. The Committee also notes that section 170 of the Penal Code provides that any person, who causes, through coercion or abuse of a situation of need, the prostitution of another person or that person’s maintenance in that situation, is liable to a sentence of between six and 18 years of imprisonment. If the victim is a person under 18 years of age, the penalty may be increased by three-quarters of the maximum penalty.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 173 of the Penal Code, as amended by Decree No. 210 of 25 November 2003, provides that any person who produces, reproduces, distributes, publishes, imports, exports, offers, finances, sells, commercializes or disseminates, in any form, images or uses the voice of a person under 18 years of age, directly, by electronic, audiovisual or other means, which exhibits them in sexual activities, is liable to a sentence of imprisonment of from six to 12 years.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that sections 49-51 of the Act of 1991 respecting drug-related activities protects children against the consumption and trafficking of drugs. It also notes that sections 6, 8, 13, 16 and 17 of the Act of 1998 controlling the commercialization of substances or products of artisanal use which contain solvents in liquid form or which may be inhaled lays down measures of protection and rehabilitation relating to dependency by young persons on the consumption of drugs. The regulations of 1998 respecting narcotics, psychotropic substances, chemical substances and products also regulates the monitoring and inspection of the import, export, manufacture, cultivation, production, transport and distribution of drugs. The Committee observes that this legislation does not specifically prohibit the use, procuring or offering of a person under 18 years of age for the purposes of illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to take the necessary measures as a matter of urgency to secure the specific prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention, and to adopt appropriate sanctions. The Committee also requests the Government to provide information on any progress achieved in this respect.

Clause (d). Types of hazardous work. The Committee notes with interest that section 105 of the Labour Code prohibits work by persons under 18 years of age in hazardous and unhealthy types of work. It also notes that section 106(1) of the Labour Code provides that types of hazardous work are those which may cause the death or immediate and serious harm to the physical integrity of the worker. The dangers of these types of work may arise from their nature, the type of materials used, prepared or dispersed, the residues left by such materials, the handling of corrosive, inflammable or explosive substances, or the storage of these substances. Furthermore, section 107 of the Labour Code prohibits work by persons under 18 years of age in types of work which are harmful to their safety and morals, namely work in bars, canteens, billiard halls and other similar establishments. Finally, section 116(2) of the Labour Code prohibits young persons under 18 years of age from working at night.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes that section 106(2) of the Labour Code sets out a list of types of work considered to be hazardous. The following types of work may be mentioned by way of illustration: greasing, washing, servicing or repairing machines or mechanisms in movement; work involving the use of automatic, circular or bandsaws, blades or any other mechanical tool the operation of which requires precautions and special knowledge; underground work, work in mines and quarries; activities in which explosive, toxic or inflammable substances are used or prepared; construction, demolition, repair and restoration work; maritime work and the types of work specified in other laws. The Committee also notes that section 108 of the Labour Code defines unhealthy types of work as those in which the working conditions or the nature of the work may harm the health of workers; the harm may be caused by the type of materials used, prepared or dispersed, or by solid, liquid or gaseous residues. Section 108 provides the following examples: work involving a risk of poisoning during the handling of toxic substances or the materials from which they originate; any industrial operation releasing noxious gases, vapours or effusions; any operation the implementation of which gives rise to hazardous or noxious dust; and any unhealthy type of work specified in other laws. Furthermore, the Committee notes the information provided by the Government in its report that employers’ and workers’ organizations were consulted when the list of types of hazardous work was determined.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. In its report, the Government indicates that the measures taken to identify the places in which the types of hazardous work determined are carried out include inspections in workplaces involving high risks for the health, safety or morals of children. By way of illustration, the Government refers to bars, restaurants, cafeterias and brothels. According to the Government, inspections form part of the duties of the country’s police authorities and are carried out in collaboration with the El Salvador Institute for the Protection of Young Persons (ISPM) and the National Family Council, resulting in the removal of a large number of girls and boys under 18 years of age from dangerous situations. Once removed, the young persons are placed with the ISPM, which ensures their rehabilitation and social integration in the community. While taking due note of the information provided by the Government, the Committee observes that the examples referred to by the Government in its report only concern the hotels and catering sector. It therefore requests the Government to indicate the measures adopted or envisaged to identify, in addition to the hotels and catering sector, the places in which the other types of hazardous work so determined exist. It also requests the Government to provide information on the results of inspections relating to the identification of places where types of hazardous work exist.

Article 4, paragraph 3. Periodical examination and revision of the list of types of hazardous work so determined. In its report, the Government indicates that the Department of Employment periodically examines the types of hazardous work determined under paragraph 1 of this Article. The Department of Employment is responsible for evaluating whether types of hazardous work are likely to prejudice the health, safety, morals and development of young persons. It also examines whether types of hazardous work are liable to prejudice school attendance by young persons or their participation in a programme of vocational guidance or training approved by the competent authority, namely the El Salvador Institute of Vocational Training (INSFORP), or to benefit from the instruction received. The Committee requests the Government to indicate whether the Department of Employment consults organizations of employers and workers during the periodic examination of types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that in June 2001 it established the National Committee and the Technical Committee for the Elimination of Child Labour, the common objective of which is to implement a strategy for the elimination of the worst forms of child labour. The National Committee has prepared a National Programme of Action for the Elimination of the Worst Forms of Child Labour in El Salvador. The Committee requests the Government to provide information on the implementation of this National Programme of Action.

Article 6, paragraph 2. Consultation with government institutions, employers’ and workers’ organizations and other concerned groups. In its report, the Government indicates that the Ministry of Labour and Social Insurance acts as coordinator between ILO/IPEC, the various NGOs and other governmental organizations which collaborate in the formulation and implementation of programmes of action for the elimination of the worst forms of child labour. It adds that close communication with employers’ and workers’ organizations is maintained, in accordance with the provisions of this Article.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for penalties for: deprivation of liberty, setting a penalty of between three and six years of imprisonment (section 148); the encouragement and incitation to prostitution of young persons under 18 years of age, establishing a penalty of between two and four years of imprisonment (section 169); the encouragement of prostitution through coercion, with a penalty of between one and two years of imprisonment, which may be supplemented by a fine of between 50 and 100 days or, where the victim is a person under 18 years of age, a sentence of between two and four years of imprisonment (section 170); the sale, distribution or exhibition of pornography involving young persons under 18 years of age, for which it imposes a sentence of between six months and two years of imprisonment (section 172); and exhibitionist or pornographic performances, establishing a sentence of between six months and two years of imprisonment and a fine of between 30 and 70 days (section 173); and the illegal sale and trafficking of young persons, imposing a sentence of between four and eight years of imprisonment (section 367A). It also notes that the Labour Code provides for administrative sanctions for violations of the provisions of Books I, II and III, which contain provisions respecting types of hazardous work for young persons, for which it establishes a fine of up to 500 colones for each offence (section 627). The Committee requests the Government to provide information on the manner in which these penalties are applied in practice in relation to the worst forms of child labour.

The Committee notes that no penalty is envisaged for the following worst forms of child labour: the use of young persons under 18 years of age in armed conflict and the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to indicate whether the national legislation contains provisions for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that El Salvador is one of the first three countries to participate in the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour. It also notes that, according to the document entitled "Combating the worst forms of child labour in El Salvador (2002-05)", the programme will benefit directly around 9,300 children, as well as 16,780 of their brothers and sisters under 18 years of age and 5,050 families in the regions concerned in the country.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, according to the above document, the number of girls, boys and young persons concerned by the programme of action for each sector or activity is: 1,000 for child labour in refuse dumps; 1,600 out of a total of the 2,200 children working in the firework industry; 5,000 out of a total of 11,300 children working in sugar cane plantations; and 3,100 out of a total of 10,200 children working in the fishing industry. The Committee also requests the Government to provide statistical data on the number of children who are effectively prevented from being engaged in the worst forms of child labour as a result of the implementation of the TBP.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes with interest that, according to the information contained in the above document, economic alternatives for the families of children engaged in the worst forms of child labour are envisaged so as to remove them from their work. It also notes that measures are taken for the rehabilitation and social integration of children removed from the sectors and activities concerned. The Committee requests the Government to provide information on the economic alternatives and on the measures taken to secure the rehabilitation and social integration of the children concerned. It further requests the Government to provide statistical data on the number of children who are actually removed from work.

Clause (e). Special situation of girls. The Committee notes the figures contained in the document "Combating the worst forms of child labour in El Salvador (2002-2005)" concerning the number of girls engaged in the worst forms of child labour covered by the TBP. According to these figures: (1) of the 1,000 children working in refuse dumps, between 40 and 47 per cent are girls; (2) of the total number of 2,200 children working in the firework industry in the country, 40 per cent are girls; (3) of the total number of 11,300 children working in sugar cane plantations, 13 per cent are girls; and (4) of the total number of 10,200 children working in the fishing sector, 31 per cent are girls. The Committee accordingly requests the Government to indicate the manner in which it intends to take account of the special situation of girls and remove them from the worst forms of child labour.

The Committee also notes the information provided by the Government to the effect that the National Family Council and the ISPM are under the obligation to: adopt rapid and time-bound measures to prevent children being engaged in the worst forms of child labour; provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; ensure access to free basic education and vocational training; identify and reach out to children at special risk; and take account of the special situation of girls. The Committee requests the Government to provide information on the measures taken by the National Family Council and the ISPM in accordance with Article 7, paragraph 2(a) to (e), of the Convention.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance, through the Directorate of International Labour Relations and, more specifically, the Ministry for Programmes of Action for the Elimination of Child Labour, the Unit for Women and Children, INSAFORP, and the National Family Council, are the competent authorities responsible for the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that El Salvador is a member of Interpol, the organization which assists cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that El Salvador is collaborating with the World Bank, the Inter-American Development Bank and UNICEF in an educational reform project. Furthermore, according to the information available to the Office, the Government is collaborating with the countries of Central America and with Panama and the Dominican Republic in activities for the prevention and elimination of the commercial sexual exploitation of girls, boys and young persons. The Committee encourages the Government to continue cooperating with other countries and requests it to provide information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. Court decisions. In its report, the Government indicates that courts of law and other tribunals have not handed down any decisions or rulings involving questions of principle relating to the application of Convention No. 182. If the courts issue any such decisions, the Committee requests the Government to provide copies thereof.

Parts IV and V. Application of the Convention in practice. The Committee notes that, in view of the figures contained in the document "Combating the worst forms of child labour in El Salvador (2002-05)", a fairly high number of children engaged in the worst forms of child labour are not covered by the TBP. It requests the Governmentto indicate whether it intends taking measures to establish programmes for the removal of these children from their work. The Committee also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, and particularly on the number of children who are at risk of being used or procured for the production of pornography or pornographic performances and for illicit activities, in particular the production and trafficking of drugs. It further requests the Government to provide information on the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the observations made by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS), dated 13 September 2002, and the International Confederation of Free Trade Unions (ICFTU), dated 3 February 2003. The Committee also notes the comments provided by the Government in reply to the questions raised in these communications. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. In its observation, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that the number of children engaged in the worst forms of child labour is on the increase in El Salvador. It adds that no policy has been drawn up to improve knowledge of the worst forms of child labour and eliminate them, and that the trade union organizations have not been consulted for this purpose.

In its responses, the Government indicates that several forms of action have been taken with the view to eliminating child labour, and particularly the worst forms of child labour. In this respect, El Salvador is one of the three first countries to participate in the Time-Bound Programme (TBP) on the worst forms of child labour. Moreover, following the ratification of the present Convention, the Government established a National Committee for the Elimination of Child Labour, which has prepared a National Plan for the Elimination of the Worst Forms of Child Labour in the framework of the ILO/IPEC TBP on the worst forms of child labour (2002-05). The plan of action includes a series of activities intended to strengthen the capacities of institutions in the country so that they can address the problem and improve the living conditions of children engaged in the worst forms of child labour. These include the preparation of six rapid assessment studies in various sectors and activities, namely domestic work, street work, hazardous work in the fishing sector, public rubbish dumps, sugar cane plantations and commercial sexual exploitation. Similar studies had also previously been undertaken in the firework production and coffee plantation sectors. Following these studies, the Government determined five of the worst forms of child labour for which it would take priority action: the firework industry, the fishing sector, rubbish dumps, sugar cane and sexual exploitation. The Committee notes that, according to the document entitled "Combating the worst forms of child labour in El Salvador (2002-05)", the TBP will be implemented in collaboration with the various members of the Government, employers’ and workers’ organizations, bilateral and international donors, the media, community organizations and other civil society organizations. The Committee requests the Government to provide information on the implementation and impact of the TBP.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for the purposes of sexual exploitation. In its observation, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that an ever increasing number of boys and girls are sexually exploited. In its observation, the ICFTU states that the trafficking of persons for the purposes of sexual exploitation, including through networks of forced prostitution involving children, is a major problem in El Salvador. The child victims of trafficking come from Mexico, Guatemala and other countries in the region for the purposes of prostitution. There is also a network for the internal trafficking of persons.

The Committee notes that the Government adopted Decree No. 210 on 25 November 2003, which amends several provisions of the Penal Code respecting sexual exploitation. The Committee notes in this respect that section 169 of the Penal Code provides that any person who incites, facilitates, encourages, finances or organizes, in any manner whatsoever, the use of persons under 18 years of age in acts of a sexual or erotic nature, individually or in groups, in public or in private, shall be liable to a sentence of between three and eight years’ imprisonment. The Committee also notes that section 170 of the Penal Code provides that any person who causes, through coercion or by abusing a situation of need, the prostitution of a person or their maintenance in this situation, shall be liable to a sentence of between six and 18 years of imprisonment. If the victim is a person under 18 years of age, the sentence may be increased by three-quarters of the maximum sentence. Furthermore, section 367-B of the Penal Code provides that any person who, for her or himself or as a member of an international organization and with the intention of obtaining economic benefit, transports, removes, accepts or receives persons, both within and outside the national territory, for the purposes of sexual exploitation, is liable to a sentence of between four and eight years of imprisonment. If the victim is a person under 18 years of age, the sentence may be increased by three quarters of the maximum penalty.

The Committee reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children for the purposes of sexual exploitation, and particularly prostitution, is considered to be one of the worst forms of child labour and that, in accordance with Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Although the legislation appears to be in conformity with the Convention on this matter, the Committee notes that the sale and trafficking of children for the purposes of sexual exploitation constitutes a problem in practice. The Committee requests the Government to renew its efforts to secure the effective implementation of the legislation protecting children against their sale and trafficking for the purposes of sexual exploitation, including prostitution. It also requests the Government to provide information on the penalties imposed in practice by providing, among other information, reports on the number of convictions.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. In its communication, the ICFTU states that, despite the ILO/IPEC activities in the country to eliminate the worst forms of child labour, the low level of resources available to the Ministry of Labour is resulting in the unregulated sector of the economy being subject to little monitoring. The ICFTU concludes by emphasizing that economic activities by children in the worst forms of child labour are very widespread in the unregulated rural and urban economies. These economies remain outside the scope of the inspection services, even though they account for the largest number of working children.

The Committee notes that the National Committee for the Elimination of Child Labour is responsible for proposing action and policies to give effect to the Convention, and for ensuring the rehabilitation and social integration of the children concerned and the needs of their families. It is composed of the Ministry of Labour and Social Insurance, the Ministry of Education, the Ministry of Public Health and Social Assistance, the Ministry of Governance, the Ministry of Agriculture and Stock-raising, representatives of employers’ and workers’ organizations, the El Salvador Institute for the Protection of Young Persons (ISPM), the National Family Council and representatives of NGOs (the EXDO Foundation and Save the Children US). The Committee requests the Government to provide information on the functioning of the National Committee for the Elimination of Child Labour and to indicate whether it has established appropriate mechanisms to monitor the implementation of the Convention, particularly with regard to the sale and trafficking of children for the purposes of sexual exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, in its concluding observations on the Government’s second periodic report in June 2004 (CRC/C/15/Add.232, paragraphs 63 and 64), the Committee on the Rights of the Child expressed concern about the extent of sexual exploitation and trafficking in El Salvador and the lack of effective programmes to address the problem. The Committee on the Rights of the Child also regretted the lack of information on assistance and reintegration programmes for children who have been victims of sexual exploitation and trafficking. The recommendations of the Committee on the Rights of the Child to the Government include: strengthening measures and adopting multidisciplinary and multisectoral approaches to combat the sexual exploitation of children and adolescents; conducting a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; ensuring that trafficked children and children who have been subjected to sexual exploitation are always treated as victims; ensuring that the perpetrators are prosecuted; and providing programmes of assistance and reintegration for sexually exploited and trafficked children in accordance with the Declaration and Agenda for Action adopted at the 1996 and 2001 World Congresses Against Commercial Sexual Exploitation of Children.

The Committee notes that, according to the information available to the Office, a National Plan of Action against the commercial sexual exploitation of girls, boys and young persons (ESCNNA) (2001-04) has been developed with the assistance of ECPAT (an international NGO combating child prostitution, child pornography and the trafficking of children). The Committee requests the Government to provide information on the implementation of the National Plan of Action and its impact on the commercial sexual exploitation of girls, boys and young persons, and particularly on the rehabilitation and social integration of child victims of trafficking for the purposes of prostitution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the TBP will be of direct benefit to around 9,300 children, to 16,780 of their brothers and sisters under 18 years of age and to 5,050 families in the selected regions of the country. According to the information contained in the document "Combating the worst forms of child labour in El Salvador (2002-05)", economic alternatives are provided for the families of children engaged in the worst forms of child labour so as to remove them from their work. Furthermore, educational measures are provided for children who are removed from the worst forms of child labour concerned and measures taken for their rehabilitation and social integration.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that the above document does not provide any figures for the number of girls, boys and young persons who will be covered by the programme of action on commercial sexual exploitation. It also notes that one of the activities targeted by the TBP is the sexual exploitation of children. The Committee requests the Government to indicate the number of children who will be prevented by the TBP from being engaged in the commercial sexual exploitation sector.

Clause (c). Access to free basic education. In its communication, the ICFTU indicates that education is compulsory and, in theory, free up to the age of 14 years. However, additional fees are required, preventing children from poor families from attending school. The vast majority of children who work do so to the detriment of their school attendance.

The Committee notes that, in the context of the TBP on the worst forms of child labour, educational measures are provided for children removed from the worst forms of child labour concerned. Young persons under 14 years of age will be placed in primary schools, receive psychological and educational support and tutorial and educational assistance to help them succeed at school. Those of 14 and 15 years of age will undergo transitional education, where necessary, and will receive pre-vocational training. Young persons aged between 16 and 17 years will benefit from vocational training and assistance in finding a job.

The Committee notes that, under section 5 of the General Education Act, nursery and basic education is free. Under section 20 of the Act, basic education includes nine years of schooling, from the first to the ninth year, normally beginning at the age of seven. According to the information provided by the Government, the age of completion of compulsory schooling is 14 years. The Committee notes that the Act of 1996 respecting vocational training established the INSFORP, the body responsible for managing and coordinating the system of vocational training and apprenticeship. The Committee takes due note of the Government’s efforts to improve the access to education of children removed from work. It requests the Government to provide information on the number of children who, after being removed from work, are in practice reintegrated into basic education or follow pre-vocational or vocational training.

Clause (d). Children at special risk. In its communication, the CATS-CTD-CGT-CTS-CSTS-CUTS indicates that an ever increasing number of girls and boys are the victims of hazardous working conditions. Street work exposes them to various abuses and to accidents. Moreover, 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 for long hours without adequate remuneration and without attending school.

The Committee takes note of the Rapid Assessment Study on domestic work by children published by ILO/IPEC in February 2002. According to this study, 93.6 per cent of children working in domestic service are girls. Moreover, this is the activity which has the most impact on the school attendance of children. Around 30.9 per cent of child domestic workers attend school. Of this number, 26.5 per cent of girls do so on an irregular basis, attending school between two and three times a week. The Committee notes that, according to the latest information provided by the Government, the ILO/IPEC programmes of action have benefited children in the coffee industry and domestic work. In the coffee sector, of the 8,074 children targeted, 1,972 have been removed from work, 2,437 have been prevented from working and 3,665 have benefited indirectly from the programme. With regard to domestic work, of the 900 children targeted, 500 have been prevented from working and 400 have benefited from the programme.

The Committee notes that domestic work, as well as street work and work in coffee plantations, will be the next sectors taken into account by the Government in the context of the TBP on the worst forms of child labour. The Committee expresses concern at the situation of child domestic workers in El Salvador. It therefore requests the Government to pursue its efforts and to take the necessary measures to intervene rapidly in this sector.

Clause (e). Special situation of girls. The Committee notes the figures contained in the document "Combating the worst forms of child labour in El Salvador (2002-05)" concerning the number of girls engaged in the worst forms of child labour covered by the TBP. With regard to the commercial sexual exploitation sector, 66 per cent of the children exploited are girls, with 34 per cent being boys. The Committee notes that the percentage of girls engaged in the worst forms of child labour covered by the TBP is considerable. The Committee therefore requests the Government to indicate the manner in which it intends to pay special attention to these girls and remove them from the worst forms of child labour.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s reports and of the communication dated 13 September 2002 from the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS) containing comments on the observance of the Convention; a copy of these comments was transmitted to the Government on 19 November 2002 for any comments which it might wish to make on the questions raised.