Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 child prostitution is one of the most serious problems confronting the country. The Committee expressed its concern at the fact that the number of reported cases of trafficking and prostitution of children remained relatively low in view of the extent and persistence of this practice in reality. It also noted the adoption of the Act of 30 April 2012 against organized crime and the funding of terrorism, the new provisions of which 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 to 25 years’ imprisonment (section 41), and the penalty for the illegal transportation of persons is eight to 12 years’ imprisonment (section 42). Moreover, it noted that a draft bill against the trafficking of persons had been submitted to the legislative authority.

The Committee notes the Government’s indication in its report that it has established a special system for the protection of child victims of sale and trafficking through the partial reform of the Basic Act on the protection of children and young persons (LOPNNA) of 8 June 2015, section 119 of which establishes a national system of guidance for the comprehensive protection of children and young persons. The Government also indicates that the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) has established a series of actions for combating and investigating the illegal sale and trafficking of adults and children, including through campaigns to raise awareness of organized crime. However, the Committee notes that the Government does not supply any statistics on prosecutions or convictions under sections 41 and 42 of the Act against organized crime. It also notes, according to the concluding observations of 3 November 2014 of the Committee on the Rights of the Child (CRC) relating to 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, that insufficient measures have been taken by the Government to prevent and investigate cases of prostitution even though child prostitution is especially widespread in border areas. The CRC also expresses concern at the fact that only three cases involving the sale and trafficking of children have been successfully prosecuted to date in the national courts (CRC/C/OPSC/VEN/CO/1). The Committee notes with concern the impunity which appears to exist in Venezuela for the perpetrators of this type of crime. The Committee requests 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 once again to supply information on the number of convictions handed down and penalties imposed under sections 41 and 42 of the Act against organized crime. Noting the lack of information on this subject, the Committee once again 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. In its previous comments, the Committee noted several plans of action to combat the sexual exploitation of children and provide assistance for victims but expressed regret at the lack of information supplied by the Government on the results achieved.

The Committee notes the Government’s indication that it has adopted a National Human Rights Plan (2016–19) to define and coordinate major policy decisions in this area. The Plan comprises a series of programme activities including the implementation of information programmes to prevent the exploitation and sexual abuse of children, the strengthening of the Inter-Sectoral Committee against the Abuse and Exploitation of Children and Young Persons, and the setting up of a free helpline to give children special assistance in relation to protection of their human rights. The Government has also adopted a National Plan for the Comprehensive Protection of Children and Young Persons (2015–19), which is designed to prevent the exploitation and sexual abuse of children and young persons and provide protection for them. However, the Committee notes that the CRC expresses concern, in relation to the application of the Optional Protocol, at the deficiency or lack of availability of services required to provide proper protection for child victims (CRC/C/OPSC/VEN/CO/1). The Committee requests 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 requests the Government to provide information on the results achieved through the various plans which have been implemented and on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures.

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