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 sexual exploitation, and court decisions. In its previous comments, the Committee noted the indication from the
Inter-Union Commission of El Salvador (CATS–CTD–CGT–CTS–CSTS–CUTS), to the effect that ever increasing numbers of boys and girls are being sexually exploited in El Salvador. It also noted that, according to the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), the trafficking of people for sexual exploitation, particularly in forced prostitution rings involving children, is a serious problem in the country, with child victims of trafficking for prostitution coming from Mexico, Guatemala and other countries in the region. Moreover, the ITUC indicated that an internal trafficking network exists. The Committee also noted the amendments made to sections 169, 170 and 367-B of the Penal Code and the drawing up of a preliminary draft Act on migration and the status of foreigners.

The Committee notes the information supplied by the Government to the effect that the preliminary draft Act on migration and the status of foreigners is currently the subject of consultation and revision by a commission composed of public institutions including the Ministry of External Relations, the Ministry of Economic Affairs and the Legal Department of the Presidency. Once this procedure has been completed, the preliminary draft Act will be presented to the Legislative Assembly for approval and promulgation. The Committee notes with interest the detailed information supplied by the Government on the investigations conducted into the sale and trafficking of persons, particularly children. It notes in particular the statistics on penalties imposed for the sale and trafficking of children for commercial sexual exploitation between August 2006 and December 2007. A total of 136 investigations have been conducted by the police forces. Of these, 58 cases are being examined by the courts; 43 cases are still under investigation; and 35 persons have been convicted. The Committee notes the Government’s statement that persons found guilty of the sale and trafficking of children for sexual exploitation have been sentenced to terms of imprisonment ranging from 14 to 26 years. The Committee strongly encourages the Government to continue its efforts to ensure in practice the protection of children under 18 years of age against sale and trafficking for sexual exploitation. It requests the Government to continue providing information on the application of the new provisions of the Penal Code in practice. In particular, in view of the information to the effect that persons have been prosecuted under these new provisions, the Committee requests the Government to supply copies of any court decisions issued under these provisions in its next report. Finally, it requests the Government to supply a copy of the Act on migration and the status of foreigners once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the information supplied by the Government to the effect that the Department of Investigations into the Trafficking of Persons, which forms part of the Border Division of the civilian national police, has been strengthened in order to ensure better coverage of the country in the fight against crimes connected with commercial sexual exploitation. The Committee also notes that, according to information contained in the September 2008 report on the ILO/IPEC project entitled “Stop the exploitation. Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children), the Office of the Chief Public Prosecutor has been provided with training relating to commercial sexual exploitation and trafficking to this end.

Article 6. Programmes of action to eliminate the worst forms of child labour. Sale and trafficking. The Committee notes that, according to the information contained in the September 2008 report on the ILO/IPEC project on the prevention and elimination of the commercial sexual exploitation of children, a national plan against the trafficking of persons was approved in August 2008. The Committee requests the Government to supply information on the implementation of this national plan, particularly by indicating the programmes of action to be adopted as part of this plan to eliminate the sale and trafficking of children under 18 years of age for sexual exploitation. It also requests the Government to send a copy of the plan to the Office.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from the worst forms of child labour. Commercial sexual exploitation. With reference to its previous comments, the Committee notes with interest that phase II of the Time-bound Programme (TBP), which started in October 2006 and will end in September 2009, aims to support and consolidate the measures taken and the results achieved during phase I of the TBP. The Committee duly notes the Government’s indication that, between October 2006 and August 2008, more than 5,054 children benefited from phase II of the TBP, including 400 children who were prevented from becoming victims of commercial sexual exploitation. It also duly notes the detailed information supplied by the Government on the measures taken in the context of the “Strategic plan on commercial sexual exploitation (2006–09)”. Moreover, the Committee notes the Government’s indication that the objective in 2008 is to prevent the engagement of some 200 children in, or remove them from, commercial sexual exploitation.

The Committee also notes that, according to the information contained in the September 2008 ILO/IPEC report on the implementation of phase II of the TBP, the Institute for the Development of Children and Young Persons (ISNA) is responsible for providing accommodation for victims of trafficking. To date, the ISNA has the capacity to host 15 persons. As regards the victims of commercial sexual exploitation, these are admitted to the Centre for the Immediate Protection of Children (CIPI) and are then transferred to other ISNA reception centres. The Committee duly notes the measures taken by the Government to prevent the sale and trafficking of children and to remove them from this worst form of child labour, measures which it considers to be an expression of its political will to eliminate the latter. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken as part of the implementation of phase II of the TBP and the “Strategic plan on commercial sexual exploitation (2006–09)” to: (a) prevent children from becoming victims of commercial sexual exploitation or trafficking to this end; and (b) provide necessary and appropriate direct aid to remove children from these worst forms of child labour. It requests the Government to provide information on the results achieved. The Committee also requests the Government to provide information on the reception centres established by the ISNA and the CIPI, particularly regarding the measures taken in the context of these centres to ensure the rehabilitation and social integration of child victims of commercial sexual exploitation or trafficking to this end.

Clause (d). Children at special risk. In its previous comments, the Committee noted the indication from the CATS–CTD–CGT–CTS–CSTS–CUTS to the effect that ever-increasing numbers of boys and girls were becoming victims of hazardous working conditions. It also indicated that the practice of “handing over” boys and girls to families still exists in the country. These children are then used as domestic servants and work long hours without adequate remuneration and without attending school. The Committee took note of a rapid assessment study on domestic work done by children published by ILO/IPEC in February 2002, according to which 93.6 per cent of children working in domestic service are girls.

The Committee notes the information supplied by the Government on the measures taken by the National Committee on the Elimination of the Worst Forms of Child Labour and the National Committee on the Trafficking of Persons to protect children against the various forms of abuse. The Committee notes the public awareness campaigns which have been undertaken relating to commercial sexual exploitation and the sale and trafficking of persons. The Committee further notes that these measures do not relate to child domestic workers in El Salvador. Noting once again that children employed in domestic work are often the victims of exploitation, which occurs in a wide variety of forms, the Committee urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It also requests the Government to supply information on the results achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. The Committee noted the “Solidarity network” programme aimed at significantly reducing poverty among 100,000 families spread over the 100 poorest municipalities in the country. It requested the Government to provide information on the results achieved from the implementation of the programme. The Committee duly notes the detailed information provided by the Government on the measures taken in the context of the “Solidarity network” programme to reduce poverty. It notes in particular that, between October 2005 and December 2007, 48,659 families living in 47 poor or extremely poor municipalities in the country benefited from the programme. For 2008, the programme will be implemented in 77 poor or extremely poor municipalities. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the measures taken as part of the implementation of the “Solidarity network” programme, particularly as regards the effective reduction of poverty among child victims of commercial sexual exploitation or of trafficking to this end.

The Committee is also raising a number of other points in a direct request to the Government.