Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Brazil (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for economic and sexual exploitation. In its previous comments, the Committee noted that although the national legislation prohibits the sale and trafficking of children, it continued to be a problem in practice. It noted the information in a 2006 ILO–IPEC report that Brazil is a country of transit, origin and destination for the sale and trafficking of children for the purpose of prostitution. Girls and boys are also victims of internal trafficking, particularly for economic exploitation in agriculture, mining and charcoal production. The Committee welcomed the adoption of a National Policy to Combat the Trafficking of Persons in 2006 and the adoption of a National Plan to Combat the Trafficking of Persons in 2008, but expressed concern at the persistence of the problem on a substantial scale in the country.

The Committee notes the information in the ILO–IPEC report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that, as part of the National Plan to Combat the Trafficking of Persons, the Ministry of Justice is currently monitoring initiatives aimed at combating trafficking in the states of Acre, Bahia, Ceará, Goiás, Pará, Pernambuco and Rio de Janeiro. The Ministry of Justice is conducting technical visits to assess the results achieved through the US$1 million invested (since 2008) to combat this crime. However, the Committee notes the statement in a 2008 report of the United Nations Office on Drugs and Crime (UNODC) entitled “Brazil National Conference: Challenges to the Implementation of the National Plan to Combat the Trafficking of Persons” that, in addition to the increased susceptibility of children to exploitation of trafficking, the growing phenomenon of sex tourism also increased the number of trafficked children and lowered the age at which they are exploited. The Committee also notes the information in a January 2010 report of the Government entitled “Enfrentamento ao Trafico de Pessoas – Relatório do Plano Nacional” (Facing the Trafficking in Persons – Report of the National Plan) available on the UNODC website, that 38 persons were convicted of trafficking in 2006, 38 in 2007 and 28 in 2008. The Committee further notes the indication in this report that the trafficking of children continues to be reported and that the National Hotline for the Denunciation of Sexual Abuse and Exploitation of Children received 381 reports of cases of child trafficking from February 2005 to 2009. Lastly, the Committee notes the statement in a report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of Brazil of 9–11 March 2009, entitled “Internationally recognized core labour standards in Brazil” that, despite the legal prohibition on trafficking, the trafficking of women and children for the purpose of sexual exploitation is common in Brazil, both domestically and internationally. The Committee therefore requests the Government to intensify its efforts to combat the trafficking of children for sexual and labour exploitation. It requests the Government to provide, in its next report, information on the concrete measures taken to this end and on the results achieved. In this regard, it requests the Government to supply information on the application in practice of the provisions of national legislation prohibiting the sale and trafficking of persons under 18 years of age, including, in particular, statistics relating to the number of investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Article 5. Monitoring mechanisms. Commercial sexual exploitation of children. The Committee previously noted the Government’s indication that an information system on locations of child labour (SITI) had been established, containing detailed information on locations where child labour, including the worst forms of child labour, occurs, including information concerning the commercial sexual exploitation of children. This information system contributed to the planning of actions by the labour inspectorate, particularly by the regional superintendencies for labour and employment.

The Committee notes the statement in the Government’s report that the SITI continues to report on locations where child labour occurs, contributing to the planning of inspections and the combating of the worst forms of child labour. The Government also indicates that, in July 2009, the Secretariat of Labour Inspection (SIT) decided that actions to eliminate child labour should, as a priority, target activities related to the worst forms of child labour. However, the Committee notes an absence of information in the Government’s report on any specific measures taken to combat the commercial sexual exploitation of children. The Committee therefore requests the Government to provide information on the concrete measures taken, including by the SIT, to combat the commercial sexual exploitation of children, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously requested the Government to provide information on the time-bound measures taken, within the context of the National Policy and the National Plan to Combat the Trafficking of Persons.

The Committee notes the information from ILO–IPEC that its project entitled “Integrated action to combat trafficking of girls and boys for commercial sexual exploitation in Brazil” came to an end in September 2008, and that the ILO–IPEC project entitled “Combating trafficking in persons in Brazil” came to an end in October 2008. The Committee also notes the information in the ILO–IPEC report for the project entitled “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that, as part of the National Plan to Combat the Trafficking of Persons, the Ministry of Justice has undertaken activities to provide training to persons who work with victims of this worst form of child labour. The Committee further notes the information in the Government’s report of January 2010 available on the UNODC website, entitled “Facing the trafficking in persons – Report of the National Plan” that, as part of the National Plan to Combat the Trafficking of Persons, a survey was conducted in 2007 and 2008 on the best practices and experiences of services aimed at preventing the trafficking of children, in partnership with the ILO. This report also indicates that, in September and October 2009, a survey was conducted on special social protection service units, by the Ministry of Social Development and Combating Hunger, to determine which units provide services to persons at risk of trafficking or sexual exploitation, and which units provide services to child and adolescent victims of these worst forms of child labour. In addition, the Committee also notes the information from the International Organization for Migration (IOM) that it is operating a regional project which provides assistance to victims of trafficking in the tri-border area of Argentina, Brazil and Paraguay. The Committee requests the Government to continue to provide information on the measures taken within the framework of the National Plan to Combating the Trafficking of Persons, to prevent children from becoming victims of trafficking, and to provide rehabilitation services to children removed from this worst forms of child labour. The Committee also requests the Government to supply information on the results achieved, including the number of children who have received appropriate services for their rehabilitation and social reintegration.

Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. The Committee previously noted the indication from the ITUC that, according to the 2004 ILO–IPEC study, there were over 500,000 child domestic workers in Brazil, many vulnerable to exploitation and working under conditions prohibited by the Convention. These children, particularly girls, do not attend school, and over 88 per cent of them begin well before the minimum age for admission to employment, normally at five or six years of age. However, the Committee noted that the List of the Worst Forms of Child Labour (Decree No. 6.481 of 12 June 2008) included child domestic work as one of the types of activities prohibited to any person under 18 years of age. It also noted that, according to the 2008 ILO–IPEC report on the Time-Bound Programme, a sectoral plan on domestic workers (PLANSEQ) was being implemented to support this category of workers and inform them of their rights.

Referring to its 2010 comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the continued implementation of the PLANSEQ. The Committee also notes the Government’s statement that, under section 6 of the Normative Instruction 77/2009 of the SIT, the inspectorate combats child domestic work by advising the general public in the course of their duties and forwarding complaints to the competent authorities, in addition to awareness-raising measures. The Committee further notes the information in the ILO–IPEC report for the project “Support to national efforts towards a child labour-free state, Bahia” of September 2010 that initiatives regarding child domestic workers are ongoing in Bahia. Lastly, the Committee notes the Government’s indication in its report that, according to the 2008 National Household Sample Survey, 15.1 per cent of child labourers in the 5–13 year age group are domestic workers (approximately 192,050 child domestic workers between the ages of 5 and 13). Noting that a significant number of children are engaged in domestic work, the Committee urges the Government to pursue its efforts to ensure that persons under 18 are not involved in this prohibited type of work, in conformity with Decree No. 6.481 of 12 June 2008. It requests the Government to provide information on the impact of the specific measures taken in this regard, including through the PLANSEQ, particularly with regard to the number of child domestic labourers under 18 years of age removed from this type of work.

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