Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

The Committee notes the Government’s report and the information provided by the Honduran National Business Council (COHEP), dated 4 October 2010.

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, use of children for prostitution and for the production of pornography or pornographic performances, and penalties applied. In its previous comments, the Committee noted with satisfaction the adoption of Decree No. 234-2005 of 28 September 2005, reforming the Penal Code. It noted that the new provisions of the Code prohibit: the procuring of and international and internal trafficking of persons for commercial exploitation; the use of young persons under 18 years of age in public and private exhibitions or performances of a sexual nature and in the production of pornography; and the promotion of the country as a tourist destination for sexual activities. It however noted that, in its concluding observations of February 2007 on the Government’s third periodic report (CRC/C/HND/CO/3, paragraph 78), the Committee on the Rights of the Child (CRC) expressed concern that the commercial sexual exploitation of children is a common phenomenon in Honduras.

The Committee notes the information provided in the COHEP communication on the denunciations received by the Office of the Public Prosecutor between 2005 and 2009 concerning the economic exploitation of minors, child pornography and the procuring and trafficking of persons. It notes that most of the denunciations concerned the trafficking of persons between 2005 and 2007, and the procuring of persons for sexual exploitation in 2009. The Committee also notes the information provided in the Government’s report concerning the number of crimes relating to the commercial sexual exploitation of minors reported in 2009. It observes that 28 cases of procuring of persons, 13 cases of trafficking of persons and 12 cases of child pornography were registered. The Committee further notes that, according to the information contained in a report on trafficking of persons in Honduras of 14 June 2010, available on the website of the United Nations High Commissioner for Refugees, the authorities in Honduras have initiated prosecutions in 26 cases concerning the trafficking of persons or the commercial sexual exploitation of children, which have resulted in five convictions with sentences ranging between six and ten years of imprisonment. However, the report indicates that no investigations have been conducted and no prosecutions initiated concerning confirmed allegations of corruption relating to the trafficking of persons, even though certain local officials in the immigration services are reported to have been suspected of complicity in the trafficking of persons.

While noting that the national legislation prohibits the trafficking of children for commercial sexual exploitation and the use of children for prostitution and for the production of pornography and for pornographic performances, the Committee observes that the information on the number of prosecutions and convictions for these crimes is not sufficient. Furthermore, it expresses concern at the allegations of corruption and complicity between those engaged in trafficking and law enforces, and at the fact that no investigations have been conducted of these cases. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out against persons engaged in the sale and trafficking of persons under 18 years of age for the purposes of commercial sexual exploitation or who use persons under 18 years of age for prostitution, the production of pornography or for pornographic performances, as well as of officials who are accomplices in such acts, and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to provide detailed information on the number of investigations conducted, prosecutions and convictions under Decree No. 234-2005 of 28 September 2005 amending the Penal Code.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation and trafficking for that purpose. Further to its previous comments, the Committee notes the National Plan of Action to Combat the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2006–11) (National Plan of Action to Combat Commercial Sexual Exploitation) attached to the COHEP communication. It notes that, according to the communication, the National Plan of Action is built around various action components, including a component on prevention, one on the protection of victims and another on reintegration. The National Plan of Action accordingly envisages the establishment of procedures for the identification, referral and provision of assistance to children and young persons who are victims of trafficking, as well as the development of models, programmes and projects for comprehensive assistance to children and young persons who are victims of commercial sexual exploitation.

The Committee also takes note of the information contained in the report of June 2009 of the ILO–IPEC subregional project on the commercial sexual exploitation of children. It notes that, according to this information, the Government adopted a Protocol in 2008 for comprehensive assistance to children and young persons who are victims of commercial sexual exploitation. In addition, a manual for the prevention of commercial sexual exploitation in the tourism sector was prepared and integrated into courses on tourism at the various universities. The report adds that 303 girls and boys benefited from the ILO–IPEC subregional project between November 2005 and April 2009. Of that number, 184 children, the great majority of whom were girls, were removed from commercial sexual exploitation and trafficking, and 101 girls and 18 boys were prevented from being engaged in these worst forms of child labour. The Committee observes that the ILO–IPEC subregional project was completed in April 2009. Noting that the ILO–IPEC subregional project on the commercial sexual exploitation of children has been completed, the Committee strongly encourages the Government to pursue its efforts and requests it to provide detailed information in its next report on the measures adopted in the context of the Protocol of 2008 for comprehensive assistance to children and young persons who have been victims of commercial sexual exploitation. It also requests the Government to provide information on the results achieved through the implementation of the National Plan of Action to Combat the Commercial Sexual Exploitation of Girls, Boys and Young Persons in Honduras (2006–11), with an indication of the number of children who have, in practice, been removed from trafficking and commercial sexual exploitation, and who have benefited from social integration measures.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted that, in its concluding observations of February 2007 (CRC/C/HND/CO/3, paragraph 74), the CRC, while noting the adoption of the National Plan of Action for the Social Integration of Children and Women dependant on the street, expressed concerned at the high number of street children and at the lack of information in this respect.

The Committee notes the information provided in the Government’s report concerning the implementation of a project entitled “Mano Amiga”, targeting young persons living in the crematoria of Tegucigalpa and San Pedro Sula. It notes that 31,400 people between the ages of 14 and 30 benefited from assistance in the context of this programme. The Committee requests the Government to continue its efforts to protect street children from the worst forms of child labour. It requests the Government to provide information on the number of children removed from the streets and who benefited from rehabilitation and social integration measures, particularly within the framework of the “Mano Amiga” project.

2. Indigenous children. In its previous comments, the Committee noted that, in its concluding observations in February 2007 (CRC/C/HND/CO/3, paragraph 21), the CRC expressed concern at the lack of information concerning the most vulnerable groups, including indigenous children. The Committee noted with interest that a programme of action, with the objective of contributing to the prevention and removal of indigenous girls, boys and young persons from child labour, benefited 300 people between October 2007 and February 2008. The Committee also notes that, according to information available to ILO–IPEC, a study has been conducted in the country on indigenous children.

The Committee notes that, according to the information contained in the ILO–IPEC report of June 2010 on the project “Eliminating Child Labour in Latin America (Phase III)”, a programme of action was launched in May 2010 to prevent and eliminate work by indigenous children of the Lenca ethnic group in domestic service and in the agricultural sector. Observing that the children of indigenous peoples are often victims of exploitation, which takes on very diverse forms, and are a population at risk of being engaged in 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. It requests the Government to provide information on the results achieved in this respect, particularly within the framework of the above programme of action.

Clause (e). Special situation of girls. Child domestic workers. The Committee previously noted that, according to the 2006 statistics contained in a document of the National Committee for the Gradual and Progressive Elimination of Child Labour (CNEGPTE) on the second National Plan of Action for the Gradual and Progressive Elimination of Child Labour in Honduras (2008–15), a large number of children, particularly girls, are engaged in domestic work. It emphasized the fact that children engaged in domestic work, particularly young girls, are often victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment. The Committee, therefore, requested the Government to take effective measures in that respect.

The Committee notes with regret that the Government’s report does not contain information on this subject. Considering that children engaged in domestic work are particularly exposed to the worst forms of child labour, the Committee urges the Government to take immediate and effective measures for the protection of children engaged in domestic work against the worst forms of child labour, taking into account the special situation of girls. It requests the Government to provide information in its next report on the measures adopted and the results achieved in this respect, with an indication of the number of child domestic workers who have, in practice, been removed from the worst forms of child labour and the specific rehabilitation and social integration measures adopted for these children.

Article 8. International and regional cooperation. Commercial sexual exploitation and trafficking for that purpose. In its previous comments, the Committee noted that the ILO–IPEC subregional project on the commercial sexual exploitation of children envisaged the strengthening of horizontal collaboration between countries participating in the project. It considered that cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensible to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the collection and exchange of information and through assistance in the detection and prosecution of the individuals involved, and the repatriation of victims.

The Committee notes the reference by the COHEP, in its communication, to the adoption in 2006 of a Protocol on the repatriation of girls, boys and young persons who have been victims of trafficking. It notes that one of the objectives of the Protocol is to determine repatriation procedures for child victims of trafficking to Honduras or to other countries. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures adopted to promote cooperation with neighbouring countries and strengthen security measures at common borders with a view to combating the trafficking and commercial sexual exploitation of children. It also requests the Government to provide detailed information on the implementation of the Protocol on the repatriation of girls, boys and young persons who have been victims of trafficking, with an indication of the number of children repatriated to their countries of origin.

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