Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Argentine (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes with interest the adoption of Act No. 26.364 of 30 April 2008 on the prevention of and conviction for trafficking of persons and assistance to victims (Act on the prevention of and conviction for trafficking of persons and assistance to victims). It notes that, under section 3(1) of this Act, the expression “trafficking of minors under 18 years of age” refers to the supply, recruitment, transport or transfer (either inside the country or from or to abroad), as well as the accommodation or shelter of persons of less than 18 years of age for purposes of exploitation. According to section 4 of the Act, there is exploitation when a person: (a) is subjected to or maintained in slavery, bondage or similar practices; (b) is obliged to carry out forced or compulsory labour; and (c) promotes, provides or derives benefit from any form of sexual commerce. Section 145ter of the Penal Code, as amended by the Act on the prevention of and conviction for trafficking of persons and assistance to victims, stipulates that anyone found guilty of the crime of trafficking minors under 18 years of age is liable to a prison sentence ranging from four to ten years. The Committee requests the Government to provide information on the application of the Act on the prevention of and conviction for the trafficking of persons and assistance to victims in practice by communicating, in particular, statistics on the number and nature of violations registered, investigations carried out, prosecutions, convictions and penalties applied.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 125bis of the Penal Code, anyone procuring or offering minors under 18 years of age for prostitution is liable to punishment. It observed that this provision does not cover the use of a child for the purpose of prostitution. In its report, the Government points out that the Act on the prevention of and conviction for the trafficking of persons and assistance to victims covers the use of a child for the purpose of prostitution. The Committee draws the Government’s attention to the fact that, in the context of the Convention, the use of a child for prostitution applies equally to a person, in this case a client, who performs a sexual act with a child under 18 years of age in return for payment or any other form of benefit. The Committee requests the Government to indicate in which manner the Act on the prevention of and conviction for the trafficking of persons and assistance to victims makes it possible, in practice, to prosecute and punish a client for using a child under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, although section 128 of the Penal Code provides for penalties for anyone organizing artistic performances that include pornographic scenes involving minors under 18 years of age, it does not cover the use, procuring or offering of a child under 18 years of age for the production of pornography. It noted that a bill amending section 128 of the Penal Code gave effect to the provisions of the Convention on this point. The Committee notes with interest that section 128 of the Penal Code, as amended by Act No. 26.388 of 25 June 2008 on information technology crimes, provides for penalties for anyone who produces, finances, offers, commercializes, publishes, facilitates, discloses or distributes, by any means whatsoever, images of a pornographic nature showing the genitals of minors under 18 years of age, or organizes pornographic performances involving minors in the same age group.

Article 5. Monitoring mechanisms. The Committee notes that, according to the Government, training activities and seminars on the commercial sexual exploitation of children and the role of the labour inspection services in the prevention and elimination of the worst forms of child labour were organized for provincial and municipal state employees, community officials, teachers and NGOs, in the first six months of 2008.

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 from such labour. 1. Commercial sexual exploitation of children and trafficking for this purpose. Referring to its previous comments, the Committee takes due note of the Government’s information that the National Programme for the Prevention and Elimination of Trafficking of Persons and Assistance to Victims has been created under National Decree No. 1281/2007 of 2 October 2007. One of the aims of this Programme is to promote inter-institutional collaboration between government bodies, NGOs and other civil society organizations to implement actions to prevent the trafficking of persons and help towards the social reintegration of victims of trafficking. The Committee also notes that section 6 of the Act on the prevention of and conviction for trafficking of children and assistance to victims stipulates that these victims are entitled to: adequate food and appropriate accommodation; free psychological, medical or legal support; and assistance for returning to their place or country of origin. The Committee requests the Government to provide information on the impact of measures taken, in the context of the National Programme for the Prevention and Elimination of Trafficking of Persons and Assistance to Victims and the Act on the Prevention of and Conviction for the Trafficking of Children and Assistance to Victims, with respect to: (a) preventing children from being victims of commercial sexual exploitation or trafficking for this purpose; and (b) providing the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour and guaranteeing their rehabilitation and social integration. It requests the Government to provide information on the results achieved.

2. Tourist activities. The Committee requested the Government to provide information on the measures taken to raise awareness among stakeholders in the tourist industry. The Committee takes due note of the detailed information sent by the Government on the measures taken in this area. It notes, in particular, that a programme on responsible tourism and childhood has been introduced and that a brochure on responsible tourism has been produced to raise awareness among tourists. The Committee further notes that a draft code of practice for tourism is being prepared. The Committee strongly encourages the Government to continue its efforts to raise awareness among stakeholders in the tourist industry.

Clause (d). Children particularly exposed to risks. Children of illegal migrant families. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its final observations on the second periodic report of Argentina in October 2002 (CRC/C/15/Add.187, paragraphs 56 and 57), had expressed concern at the limited access to education, especially secondary education, which particularly affects children from marginalized urban and rural areas as well as those belonging to migrant families, particularly when they were illegal. In its report, the Government states that section 143 of Act No. 26.206 of 28 December 2006 on national education (Act on National Education) and section 7 of Act No. 25.871 of 21 January 2004 on migration (Act on Migration) provides that migrants without official identity documents should be guaranteed access to the school system. The Committee notes that the children of illegal migrant families are at risk of being involved in the worst forms of child labour. It requests the Government to provide information on the time-bound measures taken to ensure the application of section 143 of the Act on National Education and section 7 of the Act on Migration in practice, to ensure that the children of illegal migrant families have access to the education system and be prevented from falling into the worst forms of child labour. It requests the Government to provide information on the results achieved.

Article 8. International cooperation. MERCOSUR. Referring to its previous comments, the Committee notes with interest the detailed information sent by the Government on the measures taken in the context of MERCOSUR. It notes in particular the adoption of the agreement to introduce a shared database on boys, girls and young persons in a vulnerable situation in MERCOSUR and its Associated States, as well as the agreement between the States parties to MERCOSUR and the Associated States on regional cooperation for the protection of the rights of boys, girls and young persons in a vulnerable situation. The Committee also notes that a regional strategy to combat the trafficking of children and young people for purposes of sexual exploitation and their illegal trafficking in MERCOSUR countries is being prepared. In this respect, the Government indicates that the pilot countries chosen to implement the strategy are Argentina, Brazil, Paraguay and Uruguay. The Committee requests the Government to provide information on the measures taken in the context of both agreements made between the States parties to MERCOSUR and the regional strategy to combat the trafficking of children and young people for the purposes of sexual exploitation and their illegal trafficking in MERCOSUR countries in order to: (1) identify and arrest persons working in networks involving the trafficking of children; and (2) detect and intercept child victims of trafficking at the borders.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted that the study entitled “Childhood and adolescence: work and other economic activities” conducted by ILO/IPEC, the Argentine National Institute of Statistics and Censuses and the Ministry of Labour, Employment and Social Security, published in 2006, mentions that 456,207 children aged from 5 to 17 years work in the country and that some of them have frequently to work long hours and undertake hazardous activities akin to the worst forms of child labour. It had nevertheless noted that these statistics did not cover children who are victims of the worst forms of child labour, and particularly of commercial sexual exploitation. The Committee notes that, according to the Government, measures will be taken in the second half of 2008 to establish a provincial centre for monitoring the work of children and young persons. This monitoring centre will gather information on the worst forms of child labour. The Committee firmly hopes that, as a result of the work of the monitoring centre, the Government will be able to provide statistics on the nature, extent and trends of the worst forms of child labour, including the number and nature of violations registered, investigations carried out, prosecutions, convictions and penalties imposed in application of
Article 3(a)–(c) of the Convention.