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

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government in its report to the effect that the National Council for Children and Young Persons has formulated a ten-year plan for the comprehensive protection of children, which will set the main lines for public policies on children. The Committee requests the Government to provide fuller information on this protection plan, particularly with regard to the policies adopted to secure the prohibition and elimination of the worst forms of child labour.

Article 3 of the Convention. Worst forms of child labour. Clause (c). The use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, by virtue of section 78 of the Children and Young Persons Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertizing of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger life and physical integrity. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. In reply, the Government indicated that this aspect would be considered when the regulations of the Children and Young Persons Code were formulated. The Committee notes that the Government has not provided information on this point. The Committee once again hopes that the regulations of the Children and Young Persons Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect, particularly with regard to the measures taken to secure the prohibition of the use, procuring or offering of a child for illicit activities.

Article 4, paragraph 1. Determination of hazardous types of work. In its previous comments, the Committee noted that two nationwide consultations had been held, one with civil society and various state bodies, including representative organizations of employers and workers, and the other with the indigenous population, with a view to updating the list of hazardous types of work prohibited for young persons. It also noted that the National Council for Children and Young Persons was preparing regulations on hazardous types of work prohibited for young persons. While noting the Government’s indications that the regulations on hazardous types of work prohibited for young persons are still being drawn up by the National Council for Children and Young Persons, in collaboration with the National Committee for the Progressive Elimination of Child Labour, the Committee once again draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that types of hazardous work are to be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of activities to which the Government might give special consideration in determining hazardous types of work. The Committee trusts that the regulations on hazardous types of work prohibited for young persons will be adopted in the near future and once again requests the Government to provide information on any progress achieved in this respect.

Article 7, paragraph 2. Effective and time-bound measures. With reference to its previous comments, the Committee notes with interest that the Government’s participation in the Time-bound Programme (TBP) for the elimination of the worst forms of child labour has been extended up to 2008. The extension of the TBP will, among other measures, allow for the extension of projects which have already been implemented for the cultivation of bananas and flowers to other geographical sectors and to increase by 1,500 the number of children who will benefit from the programme, of whom 620 will be removed and 880 will be prevented from being engaged in these worst forms of child labour. The Committee also notes that programmes of action will be implemented in the context of the TBP in the sectors referred to above. The Committee requests the Government to provide information on the implementation of the TBP and on the results achieved in terms of: (a) preventing the engagement of children in the worst forms of child labour covered by the TBP; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensuring access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking account of the special situation of girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. In its previous comments, the Committee noted that nearly 300 boys and girls aged between 7 and 18 years worked in traditional gold mines in Bella Rica. It also noted that, in the context of the “Project on the elimination of child labour in traditional mines in Bella Rica”, boys, girls and young persons had been removed from such work and others had been prevented from being engaged in it. In this respect, the Committee takes due note that over 240 children have been removed from the gold mines in Bella Rica. It also notes that the Government is planning to implement a programme of action in the mining sector in Portovelo Zaruma. The Committee encourages the Government to continue its efforts and requests it to indicate the number of children who have in practice been removed from work in the mining sector in Portovelo Zaruma.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, although Ecuador had made significant progress in relation to child protection standards, a number of problems persisted in practice, particularly in the field of sexual exploitation, construction, banana and flower cultivation, traditional mining, refuse dumps, domestic work and subsistence agriculture. The Committee also noted that the statistics and data did not specifically relate to the worst forms of child labour and it requested the Government to provide information on the application of the Convention in practice.

The Committee notes the INEC statistical data for 2005. It notes with interest that, according to these data, the number of working children between the ages of 5 and 17 years is declining in Ecuador. It fell from around 800,000 in 2001 to around 550,000 in 2005. However, it notes that, although this percentage is also falling, 47 per cent, or nearly half of child workers, are aged between 5 and 14 years. Furthermore, 47 per cent of children between the ages of 5 and 17 years who are engaged in work do not attend school. The Committee takes due note of the information provided by the Government on the project for the strengthening of the system for the inspection and monitoring of child labour. In particular, it notes that, in the context of this project, the service for the inspection and monitoring of child labour has been strengthened since 2004. The number of inspectors has increased and they have received special training. The Committee also notes that inspections have been carried out in various areas of the country where children are engaged in work, such as the districts of Buena Vista and Iberia and the cities of Quito and Santo Domingo.

The Committee greatly appreciates the efforts made by the Government to combat child labour. It however notes that the statistical data do not relate specifically to the worst forms of child labour. The Committee therefore once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties imposed. To the extent possible, the information provided should be disaggregated by sex.