Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

The Committee notes the comments of the General Confederation of Labour (CGT), dated 29 October 2010, and the Government’s report. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), on the sale and trafficking of children and, as Convention No. 182 addresses these worst forms of child labour, the Committee considers that they may be examined more specifically in the context of the present Convention.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted with interest the adoption of Act No. 26.364 of 30 April 2008 on the prevention of, and conviction for, the trafficking of persons and on assistance to victims. In its observations under Convention No. 29, it notes the comments of the International Trade Union Confederation (ITUC) concerning the international dimension of trafficking according to which Argentina is a country of destination of trafficking for the sexual exploitation of women and young girls from the Dominican Republic, Paraguay and Brazil. It noted that Argentinian women and young girls, mostly originating from the provinces of Misiones, Tucumán, La Rioja, Chaco and Buenos Aires, are also subjected to sexual exploitation abroad, mainly in Spain and Brazil. The Committee also observed that the ITUC’s comments report corruption in the police forces and the direct involvement of police officers in criminal activities related to the trafficking of persons. Furthermore, according to the ITUC, the involvement of the police is one of the significant factors explaining the increase in cases of domestic and international trafficking reported over recent years, as well as the ineffectiveness of the criminal procedures conducted to endeavour to bring those responsible for these acts to justice.

The Committee notes the information from the Office for the Assistance and Support of Victims of Trafficking (Oficina de Rescate y Acompañamiento a Personas Damnificadas por el Delito de Trata) of the Ministry of Justice, Security and Human Rights, contained in the Government’s report on the application in practice of Act No. 26.364 of 30 April 2008. It notes with interest that, since the entry into force of the Act and up to 31 July 2010, a total of 590 raids were carried out, 583 persons were arrested and 921 victims were assisted, including 204 children under 18 years of age. These cases resulted in 15 convictions for the trafficking of persons for sexual exploitation, for which the sentences ranged from four to 15 years of imprisonment. The Committee requests the Government to continue taking the necessary measures to ensure that thorough investigations and vigorous prosecutions of persons engaged in the sale and trafficking of children under 18 years of age, including State employees suspected of complicity, are completed and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue providing information on the number of investigations conducted, prosecutions and convictions under Act No. 26.364 of 30 April 2008.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the provisions of the Penal Code do not cover the use of a child for prostitution. The Government, however, indicated that Act No. 26.364 of 30 April 2008 covers the use of a child for prostitution. The Committee drew 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. It therefore requested the Government to indicate the manner in which Act No. 26.364 of 30 April 2008 makes it possible, in practice, to prosecute and punish a client for using a child under 18 years of age for prostitution.

The Committee notes the Government’s indication that Act No. 26.364 of 30 April 2008 does not provide for the penalization of a client for using a child under 18 years of age for prostitution. The Committee therefore urges the Government to take immediate and effective measures to prohibit and penalize the use of a child under 18 years of age for prostitution, in accordance with Article 3(b) of the Convention.

Article 4(1). Establishment of the list of hazardous types of work. In its previous comments, the Committee noted that a draft Decree regulating the types of work that are hazardous to children had been prepared, and that the activities included in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), had been taken into consideration.

Nevertheless, the Committee notes the CGT’s comments that the list of hazardous types of work has still not been established. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Decree establishing the list of hazardous types of work is adopted without delay. It requests the Government to provide information on any new development in this respect.

Article 7(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. Commercial sexual exploitation of children and trafficking for this purpose. In its previous comments, the Committee noted the establishment of the National Programme for the Prevention and Elimination of the Trafficking of Persons and Assistance to Victims. It observed that one of the objectives of this Programme is to promote inter-institutional collaboration between government agencies, NGOs and other civil society institutions for the implementation of action to prevent the trafficking of persons and to provide assistance for the social integration of the victims of trafficking.

The Committee notes the establishment of the Office for Assistance and Support to Victims of Trafficking in 2008. This Office is responsible for centralizing action for the prevention and investigation of trafficking of persons, and measures of psychological, medical and legal support and assistance for victims. It also notes that assistance for the rehabilitation and social integration of such children is the responsibility of the Service for the Prevention of, and Assistance to, Victims of Trafficking of Persons (Area de prevención de atención a victimas de trata de personas), which is under the responsibility of the Secretariat for Childhood, Adolescence and the Family (SENNAF).

However, the Committee observes in this respect that the Committee on the Rights of the Child, in its concluding observations of 18 June 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/ARG/CO/1, paragraph 39), expressed concern at the absence of a sustained intervention over a period of time for victims, in particular of trafficking. The Committee requests the Government to provide additional information on the concrete measures taken by the Service for the Prevention of and Assistance to Victims of Trafficking of Persons and the Office for Assistance and Support to Victims of Trafficking to prevent children becoming victims of commercial sexual exploitation or trafficking for that purpose, and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. In respect, it requests the Government to provide information on the results achieved in terms of the number of children who are in practice removed from this worst form of child labour and who have benefited from integration measures.

Article 8. International cooperation. MERCOSUR. The Committee previously noted with interest the measures adopted in the context of MERCOSUR, and particularly the adoption of the Agreement on the introduction of a shared database on boys, girls and young persons in a vulnerable situation and the Agreement on regional cooperation for the protection of the rights of boys, girls and young persons in a vulnerable situation. It also noted that a regional strategy to combat the trafficking of children and young persons for purposes of sexual exploitation and their illegal trafficking is being prepared in MERCOSUR countries, with Argentina, Brazil, Paraguay and Uruguay as pilot countries.

The Committee notes the CGT’s allegations that the Regional Plan for the Prevention and Elimination of Child Labour adopted in the context of MERCOSUR is not effective in practice. It notes the information provided in the Government’s report by the National Commission for the Elimination of Child Labour (CONAETI), which indicates that a meeting was held in November 2009 in Montevideo to make progress with the implementation of the Regional Plan. In this respect, the Committee notes that a preliminary agenda was drawn up for the holding of a workshop on good practices for the prevention and elimination of child labour. It also notes the information provided in the Government’s report of 11 March 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/ARG/1, paragraph 289), according to which the SENNAF has coordinated action with a view to developing joint strategies of action against the sexual exploitation of children in the area known as the Triple Frontier, where the borders of Argentina, Brazil and Paraguay meet. Accordingly, the three countries signed a cooperation agreement on action to combat the sexual exploitation of children (paragraph 290), and an awareness-raising campaign was conducted (paragraph 291), following the conclusion of this agreement. Furthermore, in October 2008, the SENNAF reiterated the experience between the Argentinian city of La Quiaca and the city of Villazón in the Plurinational State of Bolivia, which are joined by the international La Quiaca bridge. The Committee requests the Government to continue providing information on the measures adopted and the results achieved in the context of the Regional Plan for the Prevention and Elimination of Child Labour in MERCOSUR and requests it to indicate whether the Regional Strategy to Combat the Trafficking of Children and Young Persons for Sexual Exploitation is currently being implemented. It also requests the Government to provide additional information on the common action taken in the context of the cooperation agreement to combat the sexual exploitation of children signed with Brazil and Paraguay, and on the measures adopted in practice to reinforce cooperation in the La Quiaca/Villazón region.

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