Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

The Committee notes the observations of the Confederation of Workers of Argentina (CTA), received on 25 August 2014, as well as the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Commercial sexual exploitation of children and sale and trafficking for this purpose. In its previous comments, the Committee noted that Argentina is a country of destination of trafficking for the sexual exploitation of women and young girls.

The Committee notes the observations of the CTA and the CGT, which highlight the recent legislative advancements in the country, particularly as regards trafficking, but indicate that the Government will need to strengthen its inspection system to ensure the effective application of that legislation.

The Committee further notes with interest the Government’s information concerning its legislative advancements to eliminate and sanction trafficking in persons. In this connection, the Committee notes Act No. 26.482 of 26 December 2012 on trafficking in persons, which modifies Act No. 26.364 of 30 April 2008 on the prevention of, and conviction for, trafficking in persons, as well as several provisions of the Penal Code concerning sexual crimes. The Committee notes the Government’s indication that Act No. 26.482 is intended to broaden the types of prohibited exploitation and increase the related penalties.

The Committee also notes the detailed information in the Government’s report concerning its programmatic measures to prevent and sanction the trafficking of persons, including children, under the 2010–14 National Rescue Programme in the prevention and sanctioning of trafficking in persons. According to the Government’s information, the number of children rescued under this programme has increased from 81 in 2010 to 181 in 2013 and 64 as of June 2014. The Committee further notes the Government’s indication that 263 capacity-building exercises were carried out between 2009 and 2014 to sensitize public society and enhance the capabilities of public officers and other instrumental community figures. In addition, the Committee notes the establishment of the Executive Council to Combat Human Trafficking and Exploitation, the activities undertaken by the Federal Council of Justice to enhance the capacity of prevention and investigations of the crime of human trafficking, and the programmes undertaken by several ministries to further develop policies of capacity building and provide technical assistance to identify victims of trafficking and enhance the identification and punishment of perpetrators of that crime.

With respect to the capacity of its labour inspectorate to investigate and enforce this legislation, the Committee notes the Government’s information on its digital inspection system (INDI) which contains data concerning employers and workers, using the statistical data provided by the National System of Social Security (ANSes) and the Federal Administration of Public Revenue (AFIP) to corroborate that information. The Committee also notes the adoption of Act No. 26940 on the promotion of registered work and prevention of labour fraud, which has established: (i) a public registry (REPSAL) that publishes labour sanctions against employers, including for violations of the legislation prohibiting trafficking and child labour; and (ii) a statistical information system (COODITIA) which, following inspections, registers findings of child labour disaggregated by age, percentage of unregistered children, labour activity and other factors.

The Committee also notes the statistical information submitted by the Government, including the 2013–14 child labour inspection results disaggregated by age and economic activity, as well as the results of inspections concerning trafficking in persons from 2008 to 31 August 2014, according to which 808 out of the 7,269 victims who were rescued from trafficking (approximately 11 per cent) were children and approximately one half of the total cases involved commercial sexual exploitation. The Committee requests the Government to continue to provide information concerning its legislative and programmatic measures to enhance the capacity of labour inspectors and law enforcement to prosecute and impose dissuasive penalties on all persons who traffic in children for the purposes of sexual or labour exploitation. It further requests the Government to transmit the statistical data collected under the COODITIA, particularly as it concerns the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee recalls its previous comment that Act No. 26.364 of 30 April 2008 does not provide for the penalization of customers for using a child under 18 years of age for prostitution. The Committee notes with interest the Government’s reference to section 2(c) of Act No. 26.482, which modifies sections 2–4 of Act No. 26.364 to include, under the prohibited acts of unlawful exploitation the offering, promotion or commercialization of prostitution of others. The Government also refers to Decree No. 936 of 2012 which prohibits advertisements that offer commercial sexual activities or make explicit or implicit requests for such activities. The Committee requests the Government to provide information on the effect given in practice to section 2(c) of Act No. 26.482 concerning child prostitution, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions and convictions in this respect.

Article 4(1). Establishment of the list of hazardous types of work. Further to its previous comment, the Committee notes the Government’s indication that the draft Decree regulating the types of work that are hazardous to children remains before the President to be signed. Recalling that the Government has been reporting on the process of finalizing this Decree for several years, the Committee urges the Government to adopt the list of hazardous work without further delay.

Article 7(2) of the Convention. 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. Tourist activities. Further to its previous comment, the Committee notes the Government’s information concerning measures that have been adopted under the Programme on Responsible Tourism and Childhood (TRel). In this connection, the Committee takes due note of the TRel’s promotion of the Code of National Conduct, which incorporates the social responsibility and ethics laid out in the Global Ethical Tourism Code, as well as the numerous cooperative activities undertaken with several governmental institutions in the context of child protection and the prevention of trafficking.

Clause (d). Children particularly exposed to risks. Children of illegal migrant families. The Committee previously requested the Government to provide information on the time-bound measures taken to ensure that the children of illegal migrant families have access to education. The Committee notes with interest the Government’s reference to the National Education Act No. 26.606 of 2010, which guarantees under section 143 equal access to education for all migrants, irrespective of whether they have a national identity document (DNI). The Government also references Act No. 25.871 of 2004, which provides judicial protection for child migrants and the children of migrants to guarantee the right to family reunification.

Article 8. International cooperation. MERCOSUR. Further to its previous comment, the Committee notes with interest the Government’s reference to the project “MERCOSUR united against the sexual exploitation of children, in cooperation between Argentina, Brazil, Paraguay and Uruguay”, which focuses on agricultural child labour, domestic child labour and the commercial sexual exploitation of children. The Committee further notes the Government’s information concerning the measures it has implemented under the programme, in particular its participation in the MERCOSUR Regional Conferences and the measures undertaken by the National Commission for the Elimination of Child Labour (CONAETI) to raise local awareness and enhance the capacities of national and municipal authorities.