Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 3(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. In its previous comments, the Committee noted 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. It noted 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, and observed that just one case of child prostitution and no cases of trafficking of children were reported in 2010. The Committee expressed its concern that the number of reported cases of trafficking and prostitution of children remained relatively low in view of the scope and persistence of this practice in reality.

The Committee notes that the Government’s report does not contain any information on this matter. However, it duly notes the adoption of the Act against organized crime and the financing of terrorism of 30 April 2012. It observes that these new provisions have made it possible to strengthen the system of penalties relating to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and also relating to the illegal transportation of persons inside and outside the country as organized crime. The sale and trafficking of children now incurs a penalty of 20–25 years’ imprisonment (section 41), and the penalty for the illegal transportation of persons is eight to 12 years’ imprisonment (section 42). It also notes the Government’s report to the CRC, at its 67th Session, with a view to the examination of the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/VEN/OPSC/1). According to the information in this report, a draft bill against the trafficking of persons has been submitted to the legislative authority (paragraphs 221 and 236). While noting the measures taken by the Government to strengthen its legislation relating to the sale and trafficking of children for forced labour or sexual exploitation, the Committee encourages the Government to intensify its efforts to combat this practice, in view of the low number of cases reported in recent years. It requests the Government to supply information in its next report on the number of convictions handed down and penalties imposed under sections 41–42 of the Act against organized crime. It also requests the Government to supply information on progress made regarding the adoption of the draft bill against the trafficking of persons.

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. It asked the Government several times to provide information on the measures taken in the context of PANAESC and the National Plan to combat trafficking and on the number of children who have benefited from these measures.

The Committee notes with regret that the Government’s report still does not contain any information on this point. It urges the Government to take effective measures to provide the necessary and appropriate direct assistance for the removal of children from trafficking and sexual exploitation and to ensure their rehabilitation and social integration. It again requests the Government to provide information on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures.

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