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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Venezuela (Bolivarian Republic of) (Ratification: 2005)

The Committee notes the Government’s report. It also notes the comments from the Confederation of Workers of Venezuela (CTV), dated 31 August 2011, and the Government’s reply, dated 30 November 2011.

Articles 3, clauses (a) and (b), and 7(1) of the Convention. Sale and trafficking of children; use, procuring or offering of a child for prostitution; and penalties. The Committee previously noted, in its comments under the Forced Labour Convention, 1930 (No. 29), the comments made by the International Trade Union Confederation (ITUC) referring to the “widely reported” trafficking of women and children for prostitution. It also observed that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee notes the statistics submitted in the Government’s report relating to the number of cases of trafficking, prostitution and pornography involving children and young persons recorded between 2007 and 2010 by the Division for investigations and for the protection of children, young persons, women and the family at the Ministry of People’s Power, Internal Relations and Justice. It observes that no cases of trafficking of children were reported in 2010, compared with four cases in 2009. As regards child prostitution, just one case was reported in 2010, compared with seven cases in 2009. The Committee also notes the information supplied in the Government’s report on the convictions handed down in two cases involving sexual exploitation and pornography.

The Committee expresses its concern that the number of reported cases of trafficking and prostitution of children remains relatively low in view of the scope and persistence of this practice in reality. The Committee urges the Government to intensify its efforts to ensure that persons who engage in the sale, trafficking or prostitution of children and young persons under 18 years of age are effectively prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, the Committee requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of offenders are carried out, especially by strengthening the capacity of law enforcement bodies. It requests the Government to continue to provide statistics on the number of offences reported, investigations, prosecutions, convictions and criminal penalties imposed.

Articles 3, clause (d), and 4(1). Determination of hazardous types of work. Following its previous comments, the Committee notes that section 96(1) of the Act of 1998 concerning the protection of children and young persons states that young persons between 14 and 18 years of age may not be employed in work prohibited by law. However, the Committee observes that this provision does not specify the nature of the work that is prohibited. The Committee also notes that the Government’s report does not contain any information on progress made with regard to the adoption of a list of hazardous types of work prohibited for persons under 18 years of age. It notes with regret that no list appears to have been adopted to date. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children constitutes the worst forms of child labour, and that, under Article 1, each Member which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Furthermore, Article 4(1) provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to indicate in its next report whether section 96(1) of the Act of 1998 concerning the protection of children and young persons prohibits the employment of young persons under 18 years of age in hazardous work, in accordance with Article 3(d) of the Convention. Moreover, it urges the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children and young persons under 18 years of age is adopted as soon as possible. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations with a view to determining these types of work.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously noted the adoption of the National Plan of Action against abuse and commercial sexual exploitation (PANAESC), the objectives of which include prevention of the sexual exploitation of young persons under 18 years of age, protection of young persons from such exploitation, and their rehabilitation. It also noted the adoption of the National Plan to prevent, combat and penalize the trafficking of persons and to assist the victims thereof (National Plan to combat trafficking).

The Committee takes due note of the various awareness-raising and training activities relating to the sale, trafficking and commercial sexual exploitation of children. However, the Committee notes that the Government’s report does not supply any information on the measures taken to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It observes that, according to the information contained in a 2011 report on the trafficking of persons in the Bolivarian Republic of Venezuela, available on the website of the United Nations High Commissioner for Refugees (UNHCR), there are no reception centres that cater specifically for the victims of trafficking. The report also indicates that although trafficking victims receive medical care and psychological assistance, rehabilitation services appear to be lacking. The Committee firmly encourages the Government to intensify its efforts to provide the necessary and appropriate direct assistance for the removal of children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It again requests the Government to provide detailed information on the measures taken in the context of PANAESC and the National Plan to combat trafficking and requests it to provide information in its next report on the number of children who have benefited from these measures.

Article 8. International cooperation. In its previous comments the Committee noted that the Government of the Bolivarian Republic of Venezuela, in conjunction with the government members and associates of MERCOSUR, was participating in the “Niño Sur” initiative for the defence of the rights of children and young persons in the region. The initiative aimed to raise public awareness of sexual exploitation, improve national legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. The Committee noted that a regional legislative database relating to the prevention of, and action against, the sale and trafficking of children for sexual exploitation had been established in this context. It also noted that proposals for cooperation with the Governments of Brazil and Uruguay aimed at eliminating the sale, trafficking and commercial sexual exploitation of children were being drawn up.

The Committee notes the Government’s indication that the National Committee on the Rights of Children and Young Persons (IDENA) has organized days relating to the comprehensive protection of children and young persons in border areas, in cooperation with Colombia. The Committee requests the Government to continue to provide information on the measures taken to cooperate with neighbouring countries with a view to eliminating the sale, trafficking and commercial sexual exploitation of children. It also requests the Government to provide information in its next report on the results achieved in the context of the “Niño Sur” initiative.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its conclusions on the Government’s second periodic report of October 2007, had regretted the lack of information and data on the sexual exploitation and sale of children (CRC/C/VEN/CO/2, paragraph 74). It further noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), had requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, of the causes and extent of prostitution, as well as the trafficking of women and girls. The Committee noted that, as part of the annual workplan of the National Institute of Statistics, various activities were carried out in collaboration with UNICEF to ensure the visibility of children and young persons within national statistics. The Government indicated that a centralized national system was planned for reporting violations of the rights of children and young persons.

The Committee notes the allegation made by the CTV that there is no reliable data collection mechanism for evaluating the number of children involved in the worst forms of child labour. The Committee notes that, while statistical information relating to education was submitted in the Government’s reply to the allegations of the CTV, no information has been provided concerning the number of children and young persons engaged in the worst forms of child labour in the country. The Committee therefore urges the Government to take the necessary measures to ensure that sufficient data on the nature, extent and trends of the worst forms of child labour are made available and requests it to send this information in its next report. To the extent possible, all information provided should be disaggregated by sex and age.

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