Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information provided by the Government in its report in response to the general observation that it made in 2004 on the trafficking of children for economic and sexual exploitation. More particularly, it notes with interest that the Government has adopted a number of measures to combat this worst form of child labour, including:

(1)   the adoption of Act No. 25-447 of 23 June 2005, reforming the Penal Code, which categorizes crimes involving the sexual exploitation of young persons under 18 years of age and establishes heavy penalties for persons found guilty of having committed a crime established by the Act. Accordingly, crimes involving the sale and trafficking of children for economic and sexual exploitation, the use of children for the production of pornography or for pornographic performances, the offering or organization of tourist activities involving services of a sexual nature with children and the trafficking of body parts shall be punished by a sentence of imprisonment of between six and 18 years, and these penalties may be accompanied by fines;

(2)   the extension of the Time-bound Programme (TBP) for the elimination of the worst forms of child labour up to 2008 and the implementation of programmes of action to combat the trafficking of children and prevent them from being engaged in this worst form of child labour;

(3)   training, collaboration and awareness-raising of officials (labour inspection, police forces, immigration services) in relation to combating the trafficking of children;

(4)   the inspection of various bars, brothels and night clubs by the National Police Unit for Children (DINAPEN), leading to the arrest and conviction of persons involved in the crime of sexual exploitation.

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. The Committee takes due note of the fact that, in the context of the TBP, programmes of action will be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. It also takes due note of the fact that over 1,500 children will benefit from the extension of the TBP, of whom 620 will be removed from the worst forms of child labour and 880 will be prevented from becoming engaged therein.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and providing for their rehabilitation and social integration. Trafficking of children for commercial sexual exploitation. The Committee notes that, according to ILO/IPEC statistics, over 5,200 children are reported to be victims of commercial sexual exploitation in Ecuador, of whom a certain number have been victims of trafficking. It also notes the information provided by the Government that children are reportedly victims of trafficking in the indigenous community of Chimborazo. The Committee requests the Government to provide information on the implementation of the TBP and the results achieved in: (a) preventing children from being victims of 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 provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. Trafficking of children.  In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged for cooperation with neighbouring countries and the prevention of the sale and trafficking of children for the purpose of economic and sexual exploitation. The Committee takes due note of the information provided by the Government that the immigration police have been reinforced to combat illegal movements. The Committee is of the view that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and combat the trafficking of children, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and repatriate victims. It therefore hopes that, in the context of the programmes of action on commercial sexual exploitation implemented by the TBP, the Government will take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. The Committee requests the Government to provide information on this subject.

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