Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation, the use, procuring or offering of a child for prostitution. The Committee previously noted that Chilean girls are trafficked for sexual and economic exploitation to Argentina, Peru, Bolivia and Spain. Girls from neighbouring countries such as Argentina and Peru, in addition to Colombia, Ecuador and China are also coerced into prostitution or domestic servitude in Chile. It also noted the Government’s indication that the Committee on Human Rights, Nationality and Citizenship was considering a Bill on human trafficking and the traffic of migrants.

The Committee notes with interest the adoption of Act No. 20.507 of 6 October 2011 on victims of trafficking for sexual exploitation and forced labour. The Committee notes, in this respect, that the Act modifies sections 78 and 367bis of the Penal Code to include the crime of human trafficking, including for purposes of sexual exploitation, and contains special protections and aggravated penalties for child victims under the age of 18 years.

The Committee further notes the legislative and programmatic measures taken by the Government to combat the sale and trafficking of children. More concretely, the Committee notes the 2012–14 Second Framework for action against the commercial sexual exploitation of children, which aims to, among others, revise and further develop legislation related to the sanctioning of those crimes and to further protect child victims. The Committee also notes the Government’s description of numerous measures undertaken by the National Service for Minors (SENAME), including the execution of the regional initiatives against commercial sexual exploitation of children (ESCNNA) 2012–13 and the joint efforts with the National Tourism Service (SERNATUR) to enhance the capacity and participation of municipal and local entities in the tourism industry. The Government also refers to the Social Observatory of Child Labour, which provides statistical inputs for the formulation of child labour policies, including its worst forms, and the re-activated Ministerial Advisory Commission on the Prevention and Eradication of Child Labour. In addition, the Committee notes the information contained in the Government’s fourth and fifth consolidated reports to the Committee on the Rights of the Child in 2012 (CRC/C/CHL/4-5, paragraph 409), which describes additional measures that have been undertaken to combat human trafficking, including the establishment of the Intersectoral Roundtable on Human Trafficking to coordinate plans, programmes and institutions for the prevention, repression and sanctioning of human trafficking, particularly in children.

The Committee notes the statistical data from the Unified System of Registration of the Worst Forms of Child Labour, which was gathered with ILO assistance and enclosed with the Government’s report. It observes that, in 2011, this system registered 360 cases of commercial sexual exploitation of children, 367 cases in 2012 and 370 cases in 2013. Between January and June 2014, the system registered 212 cases. Noting that the incidence of commercial sexual exploitation of children is continuing to increase in the country, the Committee requests the Government to continue to strengthen its efforts to ensure that thorough investigations and robust prosecutions are carried out against persons who commit this crime. The Committee also requests the Government to provide information on the application of the new provisions of Act No. 20.507 concerning the commercial sexual exploitation of children, as well as child trafficking for that purpose, including the number of investigations, prosecutions and convictions, and the duration of the sentences imposed in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that Act No. 20.000 of 16 February 2005 does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee notes with regret that the Government has not taken any additional steps in this respect. It once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In this regard, the Committee notes the Government’s indication that the greatest percentage of young children engaged in the worst forms of child labour involves illicit activities (39 per cent), in particular in the production and trafficking of drugs. The Committee therefore urges the Government to take immediate measures to ensure that the national legislation expressly prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted the high number of street children and the lack of available social services in the country. The Committee notes, in this respect, the Government’s indication that SENAME has increased its programmes to address the situation of street children. It also notes the 2014 pilot programme to assist street children, which aims to decrease the percentage of such children aged five to 17 years, reintegrate them with their families and incorporate them into social programmes. The pilot programme will cover 200 children and will involve the participation of local courts, education facilities and residences. The Committee also notes that, according to the Government’s fourth and fifth report to the Committee on the Rights of the Child in 2012 (CRC/C/CHL/4-5, paragraph 492), this pilot programme forms part of a strategy of intervention under the System of Promotion and Protection “Securities and Opportunities” which aims to assist and reintegrate children out of street life through psycho-social, familiar, and communal interventions. In addition, according to that report (paragraph 485), an Office for Street Persons was established in 2012 to formulate a public policy for all street persons, including children.

The Committee welcomes the programmatic measures that have been put in place to reduce the number of street children and to reintegrate them. It also notes, however, the Second National Register of the Situation of Persons on the Street, 2011, which indicates that 742 of the 12,255 persons living on the street (6 per cent) are children. The Committee accordingly requests the Government to provide detailed information concerning any effective and time-bound measures it has taken, including within the context of the pilot programme, to protect street children from the worst forms of child labour and requests the Government to send information on the impact of the action undertaken in terms of the number of children actually removed from the street.

2. Indigenous children. In its previous comment, the Committee noted the affirmative action undertaken to improve equal access to education for indigenous children, including SENAME’s prevention and protection programmes and the programme for education in the indigenous languages, which had been approved for primary education by the Higher Education Council and would be prepared for basic secondary education. The Committee notes with interest the Government’s reference to the Intercultural Bilingual Education Programme (PEIB), which has been providing bilingual education to schools with more than 20 per cent of indigenous children since 2013. The Government states that the schools with the PEIB carry out classes in the indigenous language and incorporate the values and other cultural elements into the school curriculum, including mathematics, science and technology. The Committee further notes that, according to the Government’s fourth and fifth report to the Committee on the Rights of the Child in 2012 (CRC/C/CHL/4-5, paragraphs 338 to 340), the number of schools participating in the PEIB has systematically increased. The Committee welcomes this programmatic measure to increase the participation of indigenous children in the education system and requests the Government to indicate the results achieved.

Article 8. International cooperation and assistance. Sale and trafficking of children. Further to its previous comment concerning the agreements concluded with the Plurinational State of Bolivia, Paraguay and the Dominican Republic on the worst forms of child labour, the Committee notes that the Government’s report has provided no new information concerning the developments with respect to children removed from trafficking and returned to their countries of origin. The Committee notes, however, the Government’s reference to agreements between SENAME and the Colombian Institute of Well-being (ICBF) to exchange experiences and technical materials concerning the worst forms of child labour, including child trafficking and street children. The Committee accordingly requests, once again, the Government to provide information on the impact of the agreements concluded with the Plurinational State of Bolivia, Paraguay and the Dominican Republic in terms of the number of child victims of trafficking detected and returned to their countries of origin. It also requests the Government to provide information on the exchange of experiences and technical assistance with the ICBF.