Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Venezuela (République bolivarienne du) (Ratification: 2005)

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; the CTASI on 30 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children; and penalties. In its previous comments, the Committee noted with concern the impunity which appeared to exist in Venezuela for the perpetrators of the crime of child trafficking. The Committee requested the Government to intensify its efforts to combat such impunity. It requested the Government to supply information on the number of convictions handed down and penalties imposed against the perpetrators of these crimes. It also requested it to provide information on the progress made regarding the adoption of the draft bill against trafficking in persons.

The Committee notes in the Government’s report the activities carried out by the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) relating to the prevention of trafficking in persons and smuggling of migrants. Several awareness-raising activities have been carried out in communities and public education institutions at the national level, as well as activities to disseminate information on organized crime and its risks.

The Committee notes that the draft bill against trafficking in persons has not yet been adopted. However, the Government states that sections 41 and 42 of the Act of 2012 against organized crime and the funding of terrorism strengthened the penalties for violations related to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and the illegal transport of persons within and outside the country.

In addition, the Committee takes note of the statistics provided by ONCDOFT on judicial proceedings brought against the perpetrators of trafficking in persons between 2015 and 2018. In 2015, 24 persons were prosecuted (13 men and 11 women); in 2016, 46 persons were prosecuted (22 men and 24 women); in 2017, 32 persons were prosecuted (12 men and 20 women) and lastly, in 2018, 131 persons were prosecuted (63 men and 68 women). The Committee notes that the data provided does not indicate whether any of these prosecutions concern children under 18 years of age. The Committee requests the Government to continue to provide information on the adoption process of the draft bill against trafficking in persons. The Committee once again requests the Government to supply detailed information on the complaints filed, convictions handed down and penalties imposed under sections 41 and 42 of the Act against organized crime, indicating those cases involving victims below 18 years of age. As far as possible, this information should be disaggregated by age and gender.

Articles 3 and 7(2). Worst forms of child labour and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee requested the Government to take effective measures to remove children from trafficking and sexual exploitation and ensure their rehabilitation and social integration. It requested the Government to provide information on the results achieved through the various plans which had been implemented and on the number of child victims of trafficking and sexual exploitation who had been the beneficiaries of these measures.

The Committee takes note, according to the Government’s report, that public servants have participated in a workshop on criminal investigations into cases of trafficking in persons, focused on the prevention of migrant trafficking and smuggling, early detection of potential victims, identification of traffickers, recording of information gathered, an appropriate criminal investigation process and the distinction between trafficking in persons and smuggling of migrants. A national network against organized crime and funding of terrorism has been developed by the Government, represented in each province of the country. This network is organized into 24 coordination units which carry out prevention activities and coordinate the various national competent entities regarding operations for the monitoring, repression and follow-up of crimes of trafficking in persons and migrant smuggling. In 2018, the Government also provided training and capacity-building for public servants at key border control locations. This training course, entitled “Border Trafficking Route”, focuses on preventive measures and the implementation of control mechanisms to combat trafficking in persons and smuggling of migrants, and on the identification of potential victims and support measures for them.

The Committee also notes that the Office of the Ombudsman, together with UNICEF, has renewed the national training plan on the rights of trafficking victims, especially women, children and young persons. The implementation of this plan falls within the mandate of the Office of the Ombudsman to promote, defend and monitor human rights, and involves the participation of all institutional bodies in the country devoted to the issue of trafficking in persons and smuggling of migrants.

Further, the Committee notes that under the national system of guidance for the comprehensive protection of children and young persons, within the framework of the 2015 Act on the protection of children and young persons (section 117), programmes are implemented for the rehabilitation of children and young persons who are victims of exploitation or abuse. Prevention programmes are also in place to prevent children and young persons from being subjected to such exploitive situations.

The Committee notes, from the Government’s report, the current revision by ONCDOFT of the protocol for assistance to victims of trafficking. While noting the various actions undertaken by the Government to combat trafficking and sexual exploitation for commercial purposes, the Committee once again expresses its regret at the lack of information provided by the Government on the results achieved by these programmes. The Committee once again requests the Government to provide information on the results achieved through the various plans that have been implemented and on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures. The Committee also requests the government to supply information on the ONCDOFT protocol for assistance to victims of trafficking, once it has been revised.

Article 3(d). Children engaged in hazardous mining activities. The Committee notes that, in their observations, the FAPUV and CTASI express specific concerns about cases of children engaged in illegal mining activities in the state of Bolívar, in particular in “Arco Minero del Orinoco” (AMO), to which children from indigenous communities are particularly exposed. The Committee requests the Government to provide information on the effective and time-bound measures taken to prevent children from engaging in hazardous mining activities, to remove them from these activities and to provide them with rehabilitation services.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.