Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3, clauses (a) and (b), of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, the use of children for prostitution and court decisions. In its previous comments, the Committee noted that, according to ILO/IPEC statistics, over 5,200 children were victims of commercial sexual exploitation or trafficking for this purpose in Ecuador. It also noted 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 under this Act.

The Committee notes that, according to a 2007 report on the worst forms of child labour in Ecuador, available on the UNHCR web site (www.unhcr.org), Colombian girls are trafficked to Ecuador for commercial sexual exploitation, and Ecuadorian children are trafficked to neighbouring countries and Spain. According to this report, it would seem that most children are trafficked within the country to urban centres, particularly for prostitution. The Committee also notes that the Committee on the Protection of the Right of Workers and their Migrant Families, in its final observations on Ecuador’s initial report on December 2007 (CMW/C/ECU/CO/1, paragraph 32), while recognizing the efforts undertaken by the National Council for Children and Young Persons against the commercial sexual exploitation of children and trafficking for this purpose, was nevertheless concerned at the involvement of migrant children in prostitution, especially in the Lago Agrio region, and at the fact that there still seemed to be a sort of social acceptance of this criminal behaviour against children in Ecuadorian society.

The Committee notes the information provided by the Government on the denunciations received by the National Police Unit specialized in the welfare of boys, girls and young persons (DINAPEN) concerning the commercial sexual exploitation of children. It notes that, between 2006 and June 2008, there had been a total of 184 denunciations, of which 153 concerned prostitution, including trafficking, 24 child pornography and eight sexual tourism. The Committee takes note of the Government’s statement that, since 2005, 14 persons have been sentenced for the exploitation of children under 18 years of age for sexual purposes in the cities of Machala and Quito. In Quito, five sentences were handed down for the trafficking of children for sexual exploitation and one for the procuring of children, while in Machala, five sentences were handed down for trafficking for sexual exploitation, two for procuring and two for pornography. The penalties applied ranged from between three and five years’ imprisonment. The Committee encourages the Government to continue its efforts to ensure, in practice, the protection of children under 18 years of age against these worst forms of child labour. In this respect, it requests the Government to continue to provide information on the application of the provisions of the Penal Code applying to the crimes of sexual exploitation against minors of less than 18 years of age in practice. Furthermore, taking account of the information that persons have been prosecuted and sentenced, the Committee requests the Government to provide copies of the judgements handed down by virtue of the provisions in the Penal Code in its next report.

Article 5. Monitoring mechanisms. The Committee notes that, according to the information contained in the final ILO/IPEC report on the Time-bound Programme (TBP) for the elimination of the worst forms of child labour, of June 2008, persons working for the DINAPEN, in particular child labour inspectors and police officers, have received training on commercial sexual exploitation and trafficking for this purpose. The Committee also notes that, according to this report, judicial officials, including magistrates from various districts throughout the country, including those from Lago Agrio, Machala and Galapagos, have also received training on these worst forms of child labour. Furthermore, about 20 child labour inspectors have been appointed.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children and the trafficking of children for this purpose. In its previous comments, the Committee noted that, in the context of the TPB, programmes of action were to be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. In this respect, the Committee notes, with interest, the detailed information provided by the Government on the results obtained following the implementation of the TPB, which ended in June 2008. It notes, more particularly, that a total of 1,174 children who were victims of commercial sexual exploitation or trafficking for this purpose benefited from the TPB. Out of this number, 1,037 children, of which 692 were girls and 345 boys, were prevented from being engaged in these worst forms of child labour, and 137 children, of which 135 were girls and two boys, were removed from these worst forms of child labour. The Committee further notes that according to the Government, the children who benefited from the TPB also received assistance in re-entering the formal or informal education system, or received vocational training. What is more, temporary accommodation and social and legal assistance were provided to the children who had been removed from these worst forms of child labour. Finally, assistance, especially in the form of grants, were offered to the families of children benefiting from the TPB.

The Committee takes due note of the Government’s indication that it has adopted a national plan to combat the trafficking of persons, the illicit traffic of migrants, sexual exploitation, economic and other forms of exploitation, the prostitution of women, boys, girls and young persons, child pornography and the corruption of minors (National Plan to combat the trafficking of persons and commercial sexual exploitation). The Committee also notes that, in the districts of Cuenca and Machala, plans to combat the commercial sexual exploitation of children and trafficking of children for this purpose have also been drawn up. Furthermore, according to the ILO/IPEC final report on the TPB of June 2008, the National Programme of protection for children and young people who are victims of commercial sexual exploitation or trafficking for this purpose is still in operation in the cities of Quito and Machala and will also be implemented in the region of Lago Agrio.

The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken, when implementing the National Plan to combat the trafficking of persons and commercial sexual exploitation and the plans to combat the commercial exploitation of children and the trafficking of children for this purpose in Cuenca and Machala, to: (a) prevent children from being victims of commercial sexual exploitation or trafficking for this purpose; and (b) provide the necessary and appropriate direct assistance to remove child victims from these worst forms of child labour. It requests the Government to continue providing information on the results obtained. The Committee also requests the Government to provide information on the implementation of the National Programme of protection for children and young persons who are victims of commercial sexual exploitation or trafficking for this purpose, especially with respect to the measures taken in the context of this programme to guarantee the rehabilitation and social integration of the victims of this worst form of child labour.

Article 8. International cooperation and assistance. Commercial sexual exploitation of children and trafficking of children for this purpose. In its previous comments, the Committee expressed the hope that, in the context of the implementation of the TPB, the Government would take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. In this respect the Committee takes due note of the information provided by the Government that it participated in a meeting with Peru and Colombia to coordinate actions with a view to exchanging information on the commercial sexual exploitation of children and the trafficking of children for this purpose. Agreements had been reached on an exchange of information between the police and judicial services. The Committee requests the Government to indicate whether the exchanges of information with Peru and Colombia, carried out in the context of the agreements signed between the police and judicial services, have made it possible: (a) to identify and arrest persons working in networks involving the trafficking of children; and (b) to detect and intercept child victims of trafficking at the borders.

Furthermore, the Committee is addressing a direct request to the Government concerning other points.