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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Worst forms of Child labour. Clause (a) Sale and trafficking of children. In its previous comments, the Committee noted Act No. 20507 of 2011, which introduced into the Penal Code provisions criminalizing trafficking in persons and that established the penalty of rigorous imprisonment (reclusion mayor) in cases where the victims are minors (section 411quater of the Penal Code). The Committee notes that, according to the Statistical Report on Trafficking in Persons in Chile 2011-2020, prepared by the Intersectoral Forum on Trafficking in Persons, of the total number of victims of trafficking identified during the period 2011-2020, some 7 per cent were boys, girls and adolescents (of whom, 86 per cent were female and 14 per cent male). It notes that 47 criminal cases were prosecuted for trafficking in persons, of which 40 have been finalized and 21 resulted in convictions. However, the Committee observes that there is no information on the number of these cases that were related to victims under 18 years of age. The Committee therefore requests the Government to provide specific information on the number of investigations, judicial procedures and convictions under section 411quater of the Penal Code in relation to trafficking in children under 18 years of age. It also requests the Government to continue providing updated statistical data on the number of children who have been victims of trafficking for sexual and labour exploitation.

Clause (b). Use of children for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, in accordance with section 367 of the Penal Code, any person who promotes or facilitates the prostitution of minors to satisfy the desires of others shall be liable to the maximum sentence of presidio menor (short-term imprisonment). The Committee also noted the implementation by the Government of the Second Framework of Action to combat the commercial sexual exploitation of children and adolescents with the objective of reviewing and promoting legislation to penalize this practice. The Committee notes the Government’s indication in its report that a Third Framework of Action was established to combat the sexual and commercial exploitation of children and adolescents for the period 2017-19 with the objective of launching coordinated strategies involving public bodies and civil society actors to prevent and detect the commercial sexual exploitation of children. In 2020, the results of the Third Framework were evaluated with a view to the development of a Fourth Framework of Action. The Committee also notes that, according to the information from the System for the Single Recording and Intervention on the Worst Forms of Child Labour (PFTI) provided by the Government, during 2020 a total of 74 children and adolescents were recorded as being used for child pornography and 72 children and adolescents for paid sexual activities in the streets or enclosed spaces.

The Committee notes with interest that, in June 2021, the Government submitted to the Chamber of Deputies a Bill introducing a new paragraph into Book II, Title VII, of the Penal Code respecting the procuring and the sexual, commercial and pornographic exploitation of children and adolescents (Bulletin 14440-07). The Bill envisages the replacement of the term “prostitution” contained in section 367 of the Penal Code by “sexual exploitation”, meaning the use of a child under 18 years of age for a sexual act or an act with sexual significance in exchange for any type of remuneration. The Bill increases the penalty for committing this offence to any sentence of rigorous imprisonment (presidio mayor). The Bill also proposes the introduction into the Penal Code of a new section (section 367ter) establishing the penalty of shorter imprisonment (presidio menor) for the production of pornography using children under 18 years of age. The Committee welcomes the measures taken by the Government to prevent and penalize the use of children under 18 years of age for commercial sexual exploitation and the production of pornography, and requests it to provide information on progress in the adoption of the Bill to amend the Penal Code (Bulletin 14440-07). Furthermore, while awaiting the adoption of these reforms, the Committee requests the Government to provide information on the number of investigations, judicial procedures and convictions under section 367 of the Penal Code, and encourages it to continue providing updated statistical data on the number of children who are victims of commercial sexual exploitation, including the production of pornography.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the victims of the worst forms of child labour Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s indication that during 2020 a total of 16 specialized mobile protection programmes against commercial sexual exploitation were implemented by the National Service for Minors (SENAME) in the various regions of the country designed to restore the rights of child victims of this practice in all its forms and focussing on compensation for the damage caused, family and social integration and the strengthening of protection capacities. Between 2018 and 2020, a total of 4,307 children victims of commercial sexual exploitation were registered and assisted through these programmes. The Committee also notes the creation by Act No. 21.302 of 2020 of the National Specialized Protection Service for Children and Young Persons. The purpose of the Service is to ensure specialized protection for children who are under serious threat or who have suffered violations of their rights, in the form of a specialized diagnostic, the restoration of rights, compensation for the damages caused and the prevention of further violations. The Committee also notes that, in its concluding observations for Chile in 2021, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern at the overcrowded and unsuitable conditions in the SENAME residences that provide support for children and adolescents who are victims of trafficking in persons (CMW/C/CHL/CO/2, paragraph 59). The Committee notes the measures adopted and encourages the Government to continue its efforts to provide the necessary and appropriate direct assistance for child victims of trafficking in persons and commercial sexual exploitation and to ensure their rehabilitation and social integration. In this connection, the Committee requests the Government to provide information on the number of child victims who have received protection from the National Specialized Protection Service for Children and Young Persons. Finally, the Committee requests the Government to provide detailed information on the impact of the measures adopted.

Clause (d). Children at special risk 1. Street children. In its previous comments, the Committee noted the measures taken by the SENAME to provide direct assistance to street children, return them to their families and reintegrate them in social programmes and it requested the Government to provide information on the impact of these measures. The Committee notes the Government’s indication that between 2018 and 2020 the SENAME maintained specialized protection programmes for children in the streets in the Metropolitana, Del Maule and Los Lagos regions. It also notes that the SENAME identified a total of 547 cases of children and adolescents in the streets in 2018, which were mainly in the regions of Metropolitana, Los Lagos, Valparaíso and Biobío. The Committee once again requests the Government to provide information on the impact of the measures adopted to protect street children from the worst forms of child labour, including information on the number of children who have benefited from the programmes implemented by the SENAME in this respect.

2. Migrant children. The Committee notes the publication by the Subsecretariat of Labour in 2018 of the publication “Qualitative study on child labour and the migrant population”. The factors identified by the study that have an impact on the early entry of children and young persons into the world of work include: the socio-economic conditions of families composed of adults with a low level of schooling; experience of child labour in their countries of origin from a very young age; and a normalized vision of child labour. The Committee also notes the agreements concluded by the Government with neighbouring countries for the protection and safe return of children and adolescents without parental care. The Committee encourages the Government to take measures to prevent children from becoming victims of the worst forms of child labour, including measures to guarantee them access to quality education and knowledge of their rights, and requests it to provide information on the impact of such measures.

Article 8. International cooperation and assistance. In its previous comments, the Committee noted the participation of Chile as a founding member in the Latin America and the Caribbean Free of Child Labour Regional Initiative. The Committee notes that one of the specific actions that has arisen with the participation of Chile in the Initiative is the implementation of the Child Labour Vulnerability Index, which had already been implemented in the various regions of Chile in 2020. The Committee encourages the Government to continue its international cooperation efforts with a view to eliminating the worst forms of child labour and to continue providing information on the results achieved.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(c) of the Convention. Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee referred to the absence of legal provisions penalizing the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee noted the Government’s indication that a Bill had been prepared to amend the Penal Code to provide that the use of children under 18 years of age constitutes an aggravating circumstance. In this respect, the Committee requested the Government to ensure that the Bill covers not only the use, but also the procuring or offering of children under 18 years of age for illicit activities. The Committee notes the Government’s indication that the Bill (Bulletin 10356-07) is being examined by the Chamber of Deputies, and that it only refers to the use, and not to the procuring or offering of children under 18 years of age for illicit activities. The Committee also notes the Government’s indication that, according to the System for the Recording of the Worst Forms of Child Labour, the number of children used for illicit activities was 252 in 2018, 369 in 2019 and 337 in 2020. The Committee once again requests the Government to take the necessary measures to ensure that both the use and the offering or procuring of children under 18 years of age for illicit activities are penalized by the national legislation. The Committee requests the Government to provide information on any progress achieved in this respect in its next report.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Single Central Organization of Workers (CUT), received on 3 November 2017, and the Government’s report.

Article 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the Second Framework 2012–14 to combat the commercial sexual exploitation of children, which aims to revise and develop the legislation penalizing such violations and to improve the protection of child victims. It also noted the numerous measures taken by the National Service for Minors (SENAME), including the regional initiatives to combat the commercial sexual exploitation of children (ESCNNA 2012–13), as well as the action undertaken jointly with the National Tourism Service (SERNATUR) to strengthen the capacity and the participation of municipal and local institutions in the tourism sector.

The Committee notes the Government’s indication in its report that the Second Framework 2012–14 to combat the commercial sexual exploitation of children has resulted in the identification of areas in which action needs to be reinforced, such as the comprehensive assistance provided to victims and social awareness raising. It also notes that SENAME is currently preparing a Third Framework of action to combat the commercial sexual exploitation of children. The Government adds that SENAME has prepared and disseminated in its regional departments a paper on the procedure to be followed when cases of trafficking of children are detected. The Committee notes in this regard that SENAME is implementing between 16 and 18 projects to assist children and young persons who are victims of commercial sexual exploitation, covering 12 regions, which have reached out to 928 victims. The Government also indicates that its legal aid programmes have been strengthened and that 17 projects are currently being carried out in 14 regions to enable children and young persons who are victims of sexual crimes to have guaranteed access to justice. The Committee further notes that, according to the Government, courses on the subject of commercial sexual exploitation have been provided since 2010 to 160 partners in the child protection sector and that over 300 people have participated in the seminars and workshops organized so far. The Committee also notes the awareness-raising campaigns No Hay Excusas and VIGIAS, to prevent and combat the trafficking and sexual exploitation of children and young persons.

The Committee notes the statistics produced by the Unified System for the Registration of the Worst Forms of Child Labour, which are attached to the Government’s report. The Committee notes that in 2015 the system recorded 462 cases of commercial sexual exploitation of children, and 343 cases in 2016. Between January and April 2017, the system recorded 52 cases. The Government adds that a protocol on the system for the follow-up of detected cases has been sent to the 15 regional departments of SENAME. The objective of this protocol is to improve the support provided to victims once they have been registered and to harmonize the administrative and technical procedures for contacting and following up child victims. The Committee takes due note of the efforts made by the Government to combat the trafficking and sexual exploitation of children. However, the Committee notes that the Government has not provided information on investigations and prosecutions. The Committee therefore requests the Government to intensify its efforts for the in-depth investigation and robust prosecution of persons who commit these crimes. It also requests the Government to provide information on the number of investigations, prosecutions and convictions, and the length of the sentences imposed under Act No. 20507 for the commercial sexual exploitation of children and the trafficking of children.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that Act No. 20000 of 16 February 2005 does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, even though it noted that illicit activities, and particularly the production and trafficking of drugs, account for the highest percentage (39 per cent) of the worst forms of child labour in Chile.

The Committee notes the statistics provided by the Unified System for the Registration of the Worst Forms of Child Labour and notes that according to the Unified System 265 children were used for illicit purposes in 2015, and 184 in 2016. The Committee notes with interest the Government’s indication that it has prepared a Bill to amend the Penal Code to provide that the use of minors to commit crimes constitutes an aggravating circumstance. The Committee requests the Government to ensure that the Bill covers not only the use, but also the procuring or offering of children under 18 years of age for illicit activities. It requests the Government to keep it informed of the adoption of the Bill and to provide a copy of the text once it has been adopted.

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 social services in the country. It noted in this regard that SENAME has reinforced its programmes focusing on street children. The Committee also noted the 2014 pilot programme to assist street children, the objective of which was to reduce the percentage of children aged between 5 and 17 years in this situation, reintegrate them into their families and include them in social programmes. However, it noted that the Second National Register of the Situation of Persons on the Street, 2011, indicated that 6 per cent of persons living on the streets were children. The Government indicates that there are now eight programmes for people living on the streets, financed by SENAME, implemented in three regions of the country, through which direct assistance has been provided to 410 vulnerable children and young persons. The Committee requests the Government to provide more detailed information on the effective and time bound measures taken, including within the context of the pilot programme, to protect street children against the worst forms of child labour. It requests the Government to provide information on the impact of the measures taken in terms of the number of children who have been removed from the streets.

2. Indigenous children. In its previous comments, the Committee noted the affirmative action taken to promote equality of access to education for the children of indigenous peoples, as well as SENAME’s prevention and protection programmes. It also noted the programme of education in indigenous languages approved for primary education by the Higher Education Council, which will also be introduced in basic secondary education. The Committee further noted the Intercultural Bilingual Education Programme (PEIB), through which bilingual education has been provided since 2013 in schools for over 20 per cent of the children of indigenous peoples.

While noting the absence of information from the Government on this subject, the Committee notes the concluding observations of 2015 of the Committee of the Rights of the Child, which expressed deep concern at the enduring situation of inequality and discrimination against indigenous children and urged the Government to ensure that all indigenous children have access to education without discrimination (CRC/C/CHL/CO/4-5, paragraphs 79 and 80). The Committee also notes that, according to the report of the Special Rapporteur on extreme poverty and human rights, of 8 April 2016, indigenous children are among the most vulnerable groups in Chile (A/HRC/32/31/Add.1, paragraph 57). The Committee requests the Government to continue taking measures to ensure that the children of indigenous peoples do not become involved in the worst forms of child labour, particularly by guaranteeing their access to education without any discrimination. It also requests the Government to indicate the results achieved by the programmed measures to increase the participation of indigenous children in the education system.

3. Migrant children and poor children. The Committee notes the observation of the CUT that the number of migrants in the country has increased and that migrant children are more vulnerable to the worst forms of child labour.

The Government indicates that SENAME, in collaboration with the Department of Foreign Affairs and Migration of the Ministry of the Interior and the Ministry of Education and Health, has undertaken action in the field of prevention and care for vulnerable migrant children and young persons. In particular, workshops have been organized in towns with the highest migrant population to strengthen the resources of the teams responsible for interventions and to prevent these children from becoming involved in the worst forms of child labour. The Committee notes that, according to the report of the Special Rapporteur on extreme poverty and human rights, migrant children are among the most vulnerable groups in Chile and that inequality of access to and the quality of education are major issues in the country (A/HRC/32/31/Add.1, paragraphs 11–16 and 57). The Committee requests the Government to pursue its efforts to protect migrant children and the poorest children, particularly by guaranteeing their access to quality education, to prevent them becoming engaged in the worst forms of child labour. It requests the Government to provide information on concrete measures in place or envisaged in order to grand the access of migrant children to quality education and, if it is the case, the results achieved.

Article 8. International cooperation and assistance. 1. Sale and trafficking of children. In its previous comments, the Committee noted the agreement between SENAME and the Colombian Institute of Family Well being (ICBF) aiming at exchanging experience and technical documents on the worst forms of child labour, including the trafficking of children and street children. In this regard, the Committee notes with interest the Government’s indication that this agreement has given rise to an electronic exchange of information between SENAME and ICBF, particularly on child labour, the trafficking of persons and street children. The Government adds that the technical teams of the two institutions have had the opportunity to exchange experience and mutual lessons by video conference.

2. International cooperation. The Committee notes that Chile is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, the objective of which is to strengthen inter-governmental cooperation to combat child labour through preventive action and intra and inter-sectoral institutional coordination. The Committee requests the Government to provide information on the measures adopted for the implementation of the Regional Initiative.

Application of the Convention in practice. The Committee notes the Government’s indication that many draft legislative texts are being prepared for the protection of children and young persons. Among these draft texts, the Committee notes the Bill for the establishment of the Subsecretariat for Children, the Children’s Defence Unit and the National Specialized Child Protection Service. The Government indicates that, although the draft legislative texts do not specifically address the matters covered by the Convention, they are intended to provide general safeguards for the protection of children and to facilitate the preparation and implementation of policies and programmes for children and young persons. The Committee requests the Government to keep it informed of the preparation and adoption of the various draft legislative texts referred to above.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 367bis of the Penal Code prohibits and punishes the sale and trafficking of persons for the purpose of sexual exploitation. It noted that the national legislation contains no provision prohibiting the sale or trafficking of children under 18 years of age for economic exploitation. It further noted that a Bill punishing as criminal offences the trafficking of persons, including children, and the illicit traffic of migrants, is currently being examined by the Parliamentary Committee on Human Rights, Nationality and Citizenship.

The Committee notes that, according to the Government, the Committee on Human Rights, Nationality and Citizenship is engaged in the second reading of the Bill on human trafficking and the traffic of migrants. It observes, however, that, according to information available on the website of the Chamber of Deputies of Chile (www.camara.cl), the Bill was submitted in January 2005. It notes that, according to the Trafficking in Persons Report 2010 – Chile, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), 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 coerced into prostitution or domestic servitude in Chile. The Committee reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for economic or sexual exploitation constitutes one of the worst forms of child labour and that, according to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour. The Committee expresses the firm hope that the Bill on the trafficking of persons and the traffic of migrants will be adopted very shortly and that it will provide for prohibition of the sale and trafficking of children for the purpose of economic exploitation. It asks the Government to continue to provide information on all progress made in this regard. Furthermore, the Committee asks the Government to provide information on the practical application of section 367bis of the Penal Code, providing statistics of the number and nature of offences reported, the investigations held, prosecutions, convictions and the penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that the Committee on the Rights of the Child (CRC), in its concluding observations of February 2008 on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/CHL/CO/1, paragraph 19), expressed concern at the low level of awareness about the existence of child pornography in the country, the increase in the prostitution of the boy child and the increase in the incidence of sex tourism in Chile. It noted that, although the legislation appears to conform with the Convention on this matter, these worst forms of child labour remain a problem in practice.

The Committee takes due note of the statistical data from the Unified System of Registration of the Worst Forms of Child Labour sent by the National Service for Minors (SENAME) and enclosed with the Government’s report. It observes that, between June 2003 and 2010, this system registered 39 cases of child pornography involving children of 7–18 years of age and 994 cases of use of children between 7 and 18 years of age for commercial sexual exploitation. The Committee requests the Government to send information on the application of the provisions of the Penal Code in practice, sending statistics of the number of investigations held, prosecutions, convictions and penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of Act No. 20.000 of 16 February 2005, and observed that it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities. In its report the Government indicates that this activity, being a target of the Unified System of Registration of the Worst Forms of Child Labour, it is possible to detect the use of boys and girls in this worst form of child labour, to take them under care and assess the vulnerability of victims under 14 years of age.

The Committee notes that, according to the Government, new legislative measures to bring national law into line with the Convention on this point have not yet been adopted. It nonetheless observes that, according to statistics from the Unified System of Registration of the Worst Forms of Child Labour sent by SENAME, between June 2003 and 2010 the System registered 96 cases of children aged from 9 to 18 years engaged in drug production and trafficking, and 390 cases of children of 5–18 years being used by criminal adults. Recalling that, according to Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, constitutes one of the worst forms of child labour and that, pursuant to Article 1, immediate and effective measures must be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour, the Committee accordingly urges the Government to take all necessary measures as a matter of urgency, to secure, both in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities and to provide for appropriate penalties. It asks the Government to continue to provide information on all new developments in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation. Further to its previous comments, the Committee notes the information in the Government’s report that the “No hay excusas” awareness-raising campaign was launched in September 2009 in the tourism sector with the cooperation of the National Tourism Service (SERNATUR) and ILO–IPEC. As part of the campaign, awareness-raising material was circulated and banners were set up in Chile’s three border areas and main airport. As a further measure, the slogan “in Chile sexual exploitation is a crime” (en Chile la explotación sexual es un crimen) was stamped on all entry visas. The Committee also notes that SENAME and SERNATUR have concluded a cooperation agreement to draw up a joint plan of action providing for training and for awareness-raising and mobilization activities with a view to producing a code of conduct for the protection of children from commercial sexual exploitation in the tourism sector. The Committee welcomes the measures adopted by the Government to prevent and combat the commercial sexual exploitation of children in the tourism sector and encourages the Government to pursue its efforts to raise awareness among all actors in the tourist industry, and asks it to continue to provide information in this regard.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. Further to its previous comments, the Committee notes that, according to the Government, a national observatory on the sexual exploitation of children for commercial purposes, coordinated by SENAME, has been established. Furthermore, it notes with interest that, in the course of 2009, 14 projects were devised for the provision of assistance to victims of sexual exploitation and assisted 974 children and young persons, of whom 772 were girls and 202, boys. In addition, two new projects were launched in 2010 allowing a further 110 children to be assisted in two parts of the country particularly affected by commercial sexual exploitation, namely Arica (a town on the border with Peru) and the area to the west of Santiago. The Committee also notes the information in the Trafficking in Persons Report 2010 – Chile, that, in partnership with the International Organization for Migration (IOM), the Government conducted eight training sessions throughout the country on the identification and treatment of trafficking victims. The courses were attended by 600 prosecutors, police officers and immigration officials. The Committee takes due note of the measures taken by the Government and encourages it to continue to take steps to withdraw children from commercial sexual exploitation and asks the Government to provide further information on the specific measures taken for the rehabilitation and social integration of children removed from this worst form of child labour.

Clause (d). Children at special risk. 1. Street children. The Committee noted previously that the CRC, in its concluding observations of April 2008 (CRC/C/CHL/CO/3, paragraph 67) on the Government’s third periodic report on the Convention on the Rights of the Child, expressed concern at the high number of street children, the lack of available social services and reintegration measures and the stigmatization they continued to suffer. It noted that SENAME has introduced four projects which have benefited 210 boys and girls and their families. Furthermore, following the conclusions of an intersectoral workshop attended by government bodies, including the National Commission for Narcotics Control (CONACE) and the Ministry of Social Planning (MIDEPLAN), representatives of employers’ and workers’ organizations and NGOs, measures were planned to secure the reintegration of street children in their families and society.

The Committee notes the information sent by the Government to the effect that a new programme for street children was started up in 2010 in the north metropolitan region which, together with the four existing projects, allows a total of 270 children to be reached. It also notes that a registration and rapid detection system to cover street children and adolescents in the metropolitan region has been established. According to the Government, 230 children under 18 years of age were registered in the system in 2009. The Committee considers that street children are particularly vulnerable to the worst forms of child labour, and accordingly encourages the Government to continue to take measures to protect these 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. It also requests the Government to provide detailed information on the specific measures taken to ensure the rehabilitation and social integration of these children, and the number of children who have benefited from them.

2. Indigenous children. In its previous comments the Committee noted that the CRC, in its concluding observations of April 2008 (CRC/C/CHL/CO/3, paragraph 61), noted the affirmative action undertaken to improve equal access to education for indigenous children. The CRC nonetheless expressed concern that access to education for children belonging to vulnerable groups, such as indigenous peoples, was still inadequate. The Committee observed that the children of indigenous peoples benefit from SENAME’s prevention and protection programmes. It also noted that a policy on new relations with indigenous peoples was formulated in 2007. Furthermore, it noted with interest that Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in September 2008.

The Committee notes that the Government’s report contains no information on this matter. It nonetheless notes the information supplied by the Government in its report under Convention No. 169 to the effect that a programme for education in the Aymara, Quechua, Mapuzugun and Rapa Nui languages was approved for primary education by the Higher Education Council and that such a programme is to be prepared for basic secondary education. Considering that children of indigenous peoples are often victims of exploitation, which can take many forms, and are exposed to the risk of being involved in the worst forms of child labour, the Committee accordingly asks the Government to provide information on the time-bound measures taken, in particular under SENAME’s prevention and protection programmes and the policy on new relations with indigenous peoples, to ensure that the children of these peoples have easier access to the education system as a means of protecting them from the worst forms of child labour. The Committee also requests the Government to provide information on the results achieved.

Article 8. International cooperation. Sale and trafficking of children. In its previous comments the Committee noted with interest that the
Chilean–Bolivian Border Committee has produced a bilateral plan for action up to 2010 which aims in particular to reinforce the prevention of the worst forms of child labour in the two countries, including trafficking for the purpose of economic exploitation or commercial sexual exploitation.

The Committee notes that, according to the Government, three meetings attended by Chilean and Bolivian delegates have been organized in the context of the bilateral action plan. According to the Government, one of the main measures adopted was the submission of a project prepared by the Bolivian Ministry of Justice for joint action on prevention, protection and legal cooperation. The Committee also notes that, according to information in the Trafficking in Persons Report 2010 – Chile, the Government of Chile signed partnership agreements on anti-trafficking judicial matters with Paraguay, the Plurinational State of Bolivia, and the Dominican Republic, and provided training to 250 prosecutors in these countries. While taking due note of the measures it has taken, the Committee asks the Government to provide additional 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 asks the Government to provide information on the measures taken to ensure the rehabilitation and social integration in their countries of origin of children removed from trafficking.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee takes due note of the Government’s statement that a second national survey on child labour and its worst forms will be conducted in 2011. It further notes that a new study on the sexual exploitation of children for commercial purposes is to be conducted by SENAME with the cooperation of ILO–IPEC. The Committee asks the Government to provide with its next report copies of the second national survey on child labour and the study on the sexual exploitation of children for commercial purposes.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the Government, a Bill penalizing the trafficking of persons, including children, and the illicit traffic of migrants is currently being examined by the Parliamentary Committee on Human Rights, Nationality and Citizenship. The Committee expresses the hope that the examination of this Bill will be finalized in the near future and requests the Government to provide information on any new developments in this area.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of February 2007 (CRC/C/OPSC/CHL/CO/1, paragraph 19), was concerned about the low level of awareness of the existence of child pornography in the country, the increase in prostitution of boys and the increase of sex tourism within the country.

The Committee notes that sections 366fifth, 367 and 367ter of the Penal Code, as well as section 30 of the Cinematic Productions (Certification) Act (No. 19.846) of 2003, prohibit and punish the use, recruitment and offering of a child under 18 years of age for prostitution, the production of pornography or pornographic performances. The Committee notes that, although the legislation seems in conformity with the Convention on this point, these worst forms of child labour remain a problem in practice. The Committee expresses its concern about the situation of these children and reminds the Government that under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, in order to ensure the protection of children under 18 years of age against their use, recruitment or offering for prostitution, the production of pornography or pornographic performances. In this respect, it requests the Government to provide information on the application in practice of the provisions of the Penal Code applying to these worst forms of child labour by submitting, in particular, statistics on the number and nature of violations reported, the investigations carried out, prosecutions, convictions and penalties applied.

Clause (c) Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted the adoption of Act No. 20.000 of 16 February 2005 and pointed out that this Act did not prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities. In its report, the Government mentions that this activity comes under the System for the Registration of the Worst Forms of Child Labour, which makes it possible to detect the involvement of boys and girls in this worst form of labour, assist them and assess the vulnerability of victims under 14 years of age. While noting this information, the Committee reminds the Government that under this provision of the Convention, the use, recruitment or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour and that, under Article 1 of the Convention, any ratifying Member must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee therefore requests the Government to take legislative measures to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention.

Article 4, paragraphs 1 and 3. Determination of hazardous types of work and the revision of the list of these types of work. Referring to its previous comments, the Committee notes with interest the adoption of Decree No. 50 of 17 August 2007, which endorses the Regulations implementing section 13 of the Labour Code introduced by Act No. 20.189, and establishes a very detailed list of the hazardous types of work forbidden to young persons under 18 years of age.

Article 5. Monitoring mechanisms. The Committee duly notes that, according to the Government, 450 officials from both of the Chilean police forces have received training on commercial sexual exploitation. It also notes that a guide on legal procedures with respect to the commercial sexual exploitation of boys, girls and young persons, has been drawn up for the Public Prosecutor.

Article 6. Programmes of action. Referring to its previous comments, the Committee notes the Government’s statement, contained in its report submitted under Convention No. 138, that a plan to evaluate progress achieved (2006–10) has been drawn up; it focuses on boys, girls and young persons under 18 years of age involved in the worst forms of child labour. It also notes that national policies and social protection plans have been formulated in the context of this plan. The Committee requests the Government to provide information on that evaluation and to indicate as a result the programmes of action that will be taken to eliminate the worst forms of child labour, in particular the commercial sexual exploitation of children under 18 years of age.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation. Referring to its previous comments, the Committee duly notes the information provided by the Government that, in order to take preventive action, micro-projects have been introduced throughout the country with a view to making local governments and the population aware of the worst forms of child labour, in particular commercial sexual exploitation. It also notes the Government’s statement that the National Service for Young Persons (SENAME), in cooperation with local governments and the Offices for the Protection of Rights (OPD), has implemented a project to protect children and young persons in 174 municipalities throughout the country, which is targeting 36,000 children and young persons in a difficult situation. The Committee encourages the Government to continue its efforts and requests it to provide information on its time-bound measures, when implementing the project to protect children and young persons, to prevent them from becoming victims of the worst forms of labour, in particular commercial sexual exploitation. It further requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. Referring to its previous comments, the Committee notes that, according to the Government, the SENAME, responsible for assisting boys and girls who are victims of commercial sexual exploitation, has been extending its action programmes throughout the country since April 2008. It also notes the Government’s statement that it has introduced a specialized intervention programme, aimed at assisting children and young people in a particularly complex situation, including those engaged in the worst forms of child labour, and at ensuring their family and social integration. The Committee requests the Government to provide information on the time‑bound measures adopted, in the context of the implementation of the SENAME and specialized intervention programmes, in order to provide the necessary and appropriate direct assistance to remove the child victims of commercial sexual exploitation and guarantee their rehabilitation and social integration. It requests the Government to provide information on the results obtained.

Article (d). Children at special risk. 1. Street children. The Committee notes that, according to the statistics on the SENAME web site, over 6,500 children are living on the streets in Chile. It observes that street children are at greater risk of being engaged in the worst forms of child labour.

The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the Government of Chile’s third periodic report on the Convention on the Rights of the Child of April 2007 (CRC/C/CHL/CO/3, paragraph 67), was concerned over the high number of street children, the lack of available social services and reintegration measures and the stigma they continued to suffer. In its report, the Government points out that the SENAME has introduced four projects which have benefited 210 boys and girls, as well as their families. It also refers to the conclusions of an intersectoral workshop, attended by government bodies, including the National Commission for Narcotics Control (CONACE) and the Ministry of Social Planning (MIDEPLAN), representatives of employers’ and workers’ organizations and NGOs; these conclusions provided for measures aimed at the family and social reintegration of street children. Furthermore, a metropolitan centre to monitor boys, girls and young persons living on the street has been established in order to put an end to this situation. Finally, the Government points out that a study entitled “Systematic organization of projects to assist boys, girls and young persons living on the street and assessment of the impact on the population” has been carried out. The Committee duly notes the information provided by the Government and strongly encourages it to continue its efforts. The Committee asks it to provide information on the time-bound measures taken in the context of the four projects of the SENAME, the conclusions of the intersectoral workshop and of the metropolitan centre for monitoring boys, girls and young persons living on the street, with a view to protecting these children from the worst forms of child labour, particularly commercial sexual exploitation, and to guaranteeing their rehabilitation and social integration. The Committee also requests the Government to provide a copy of the study entitled: “Systematic organization of projects to assist boys, girls and young persons living on the street and assessment of the impact on the population”.

2. Indigenous children. In its previous comments, the Committee noted that, according to the information available to the Office, indigenous children were particularly affected by the worst forms of child labour. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of April 2007 (CRC/C/CHL/CO/3, paragraph 61), noted the affirmative action undertaken to improve equal access to education. The Committee on the Rights of the Child was nevertheless concerned that access to education for children belonging to vulnerable groups, such as indigenous peoples, was still inadequate. The Committee notes that, according to the Government, the children of indigenous peoples benefit from the SENAME’s prevention and protection programmes. It also notes that a policy on new relations with indigenous peoples was formulated in 2007. What is more, the Committee notes with interest that Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in September 2008. The Committee points out that the children of indigenous people are often victims of exploitation, which takes many various forms, and are a population at risk of being involved in the worst forms of child labour. It requests the Government to take time-bound measures, particularly in the context of the SENAME’s prevention and protection programmes and the policy on new relations with indigenous peoples, to ensure that children from this group might have easier access to the education system and be protected from the worst forms of labour. It requests the Government to provide information on the results achieved.

Article 8. International cooperation. In its previous comments, the Committee had asked the Government to indicate whether measures had been taken to engage in cooperation with the countries of origin of child victims of trafficking, for example through the exchange of information and the strengthening of security measures along common borders. The Committee notes with interest that, according to the Government, the Chilean–Bolivian Border Committee has formulated a bilateral action plan up to 2010, aimed, among other things, at consolidating the prevention of the worst forms of child labour in both countries, including trafficking for the purpose of economic or sexual commercial exploitation. The Committee requests the Government to provide information on the measures taken in the context of the bilateral action plan between Chile and Bolivia, in order to: (a) identify and arrest persons involved in child trafficking networks; and (b) detect and intercept child trafficking victims on the borders.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to information available to the Office, the Government was supposed to conduct a new study on the extent of the worst forms of child labour in the country. Noting the absence of information on this matter in the Government’s report, the Committee requests the Government once again to provide information on the findings of this study and to send a copy to the Office.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the detailed information provided by the Government in its report in reply to the Committee’s general observation on the trafficking of children for economic and sexual exploitation made in 2004. In addition to legislative measures, the Committee notes the numerous administrative, awareness-raising and cooperation measures adopted to prevent children from becoming victims of commercial sexual exploitation or trafficking for that purpose.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 367bis of the Penal Code prohibits and penalizes the sale and trafficking of persons for sexual exploitation. However, it noted that the national legislation did not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. The Committee notes the information provided by the Government according to which the measures adopted to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic exploitation consist of the ratification of international conventions and other international commitments in this field, the harmonization of national legislation with these conventions through the establishment of penal sanctions and the implementation of programmes of action and projects.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that Act No. 19336 of 1995 respecting the illicit trafficking of narcotic and psychotropic substances (hereinafter Act No. 19336) did not prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities and it requested the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of this worst form of child labour. The Committee notes the adoption of Act No. 20000 of 16 February 2005 (hereinafter Act No. 20000 of 16 February 2005), repealing Act No. 19336, which established penalties for the illicit trafficking of narcotic and psychotropic substances. It notes that section 5 of Act No. 20000 of 16 February 2005 establishes penalties for persons found guilty of providing a young person under 18 years of age with a product containing aromatic hydrocarbons such as benzene, toluene or other similar substances. It also notes that section 19 of Act No. 20000 of 16 February 2005 establishes more severe penalties for persons found guilty of having facilitated the use or consumption of drugs, narcotics or psychotropic substances by young persons under 18 years of age. The Committee observes that these provisions of Act No. 20000 of 16 February 2005 do not prohibit the use, procuring or offering of a young person under 18 years of age for illicit activities. It therefore once again requests the Government to take the necessary measures to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Hazardous types of work and the revision of the list of hazardous types of work determined. In its previous comments, the Committee noted the project entitled “National diagnosis of work by children and young persons and identification of cases of the worst forms of child labour” and the study entitled “Work by children and young persons in figures: National survey and register of the worst forms”, published at the beginning of 2004. This study, based on a special survey, sought to determine the unacceptable forms of work which have to be eliminated in the country as a priority. The Committee noted that, in the context of this study, a preliminary determination had been made of the worst forms of child labour and it requested the Government to provide the list of hazardous types of work determined once it had been finalized. In its report, the Government provides a detailed list of the economic activities considered to be intolerable and hazardous, formulated in 2003 for the System for the Registration of the Worst Forms of Child Labour, and still up to date. It indicates that the National Advisory Committee for the Prevention and Elimination of Child Labour will make use of this list with a view to establishing a definitive list of the hazardous types of work prohibited for young persons under 18 years of age in Chile. The Committee hopes that the definitive list of hazardous types of work will be established in the near future and requests the Government to provide a copy once it has been finalized. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. 1. System for the Registration of the Worst Forms of Child Labour. The Committee takes due note of the information provided by the Government in its report concerning the System for the Registration of the Worst Forms of Child Labour, the objective of which is an exchange of information between the various fields of the public sector on the worst forms of child labour. It notes the statistics generated by the registration system, which were provided by the Government, and observes that it enables the Government to gain an overview of the magnitude of the problem of child labour and its worst forms in the country, and of the measures that have been taken to provide assistance to child victims. The Committee also notes that, since the beginning of 2006, the education and health sectors have been participating in the system and that, by 2007, the information exchange network will be extended to include the judicial system, child welfare institutions and the police. The Committee requests the Government to continue providing information on the System for the Registration of the Worst Forms of Child Labour.

2. National Service for Young Persons (SENAME). With reference to its previous comments, the Committee takes due note of the information provided by the Government on the functions of the SENAME, and particularly on the numerous activities that it has conducted in relation to the elimination and prohibition of the worst forms of child labour, including commercial sexual exploitation.

Article 6. Programmes of action. In its previous comments, the Committee noted the Plan for the Prevention and Progressive Elimination of Work by Children and Young Persons in Chile, the objectives of which include developing a profile of the boys, girls and young persons engaged in the worst forms of child labour and providing them with social, legal and educational assistance for their reintegration. The Committee requested the Government to provide information on the programmes developed for the implementation of the prevention plan. The Committee notes the information provided by the Government in its report on the results achieved following the implementation of the various programmes of action by the SENAME, in collaboration with ILO/IPEC, other government bodies and non-governmental organizations in the various regions of the country. It also notes that new programmes of action relating to the commercial sexual exploitation of children, particularly focusing on prevention and raising the awareness of families, employers’ and workers’ organizations in relation to this worst form of child labour, have been implemented in 2005 and 2006 and are due to be completed in 2007. The Committee requests the Government to provide information on the results achieved following the implementation of the new programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Programme of action on commercial sexual exploitation. In its previous comments, the Committee noted the “Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile”, the objective of which was the adoption of measures in relation to 120 girls and boys. The Committee requested the Government to provide information on the results achieved through the implementation of this programme, and particularly the number of children who were, in practice, prevented from being engaged in this worst form of child labour. In this respect, the Committee takes due note of the information provided by the Government on the significant contribution of the programme of action in preventing children from becoming engaged in this worst form of child labour. In particular, it notes the following measures: the awareness-raising campaign for the population; awareness-raising and training activities for parents, children, teachers, religious and community leaders, associations of hotel owners, tourist operators, unions of taxi drivers and the owners of bars, restaurants and their employees; training activities on children’s rights for the police, the judiciary and other institutions responsible for the implementation of the law, as well as health practitioners.

The Committee notes that Chile is participating in the new ILO/IPEC regional project entitled “Programme for the prevention and elimination of child domestic work and the commercial sexual exploitation of children”, in which Colombia, Paraguay and Peru are also participating. According to the information available to the Office, this new programme will benefit around 4,960 children, of whom 1,700 will be prevented from being engaged in commercial sexual exploitation. The Committee requests the Government to provide information on the results achieved through the implementation of the new programme in Chile, particularly in terms of the number of children who are, in practice, prevented from being victims of commercial sexual exploitation or trafficking for that purpose.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Programme of action on commercial sexual exploitation. In its previous comments, the Committee noted that the three specific objectives of the “Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile” were to: remedy the psychosocial harm and restore their rights to girls and boys subjected to commercial sexual exploitation; develop and strengthen relations between children and their families, other important persons or those close to them; and establish local and inter-sectoral networks. It requested the Government to provide information on the measures adopted to ensure the implementation of these three objectives. The Committee takes due note of the numerous measures adopted with a view to removing children from commercial sexual exploitation and trafficking for that purpose, and to ensure their social integration. In particular, it notes the following measures: establishment of a system for the denunciation of cases of the commercial sexual exploitation of children; creation of a coordinating committee composed of representatives of the judicial system, the police and other institutions responsible for the implementation of the law, particularly with a view to improving their procedures in relation to commercial sexual exploitation; the creation of specialized reception centres for child victims of sexual exploitation; the implementation of measures for the rehabilitation and social integration of victims of this worst form of child labour, including vocational training, the adaptation of children to the level of the regular school system and psychological assistance.

The Committee notes that, in the context of the new “Programme for the prevention and elimination of child domestic work and the commercial sexual exploitation of children”, around 900 children will be removed from this worst form of child labour. It requests the Government to provide information on the results achieved through the implementation of the new programme in Chile for the provision of the necessary and appropriate direct assistance to child victims of this worst form of child labour, and for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, according to the statistics provided on the SENAME web site, over 6,500 children are reported to be living in the streets in Chile. The Committee observes that street children are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of the various programmes of action on commercial sexual exploitation to protect street children from the worst forms of child labour.

2. Indigenous children. According to the information available to the Office, indigenous children are particularly affected by the worst forms of child labour. It requests the Government to provide information on the measures adopted to ensure that indigenous children are not engaged in the worst forms of child labour and to provide the necessary and appropriate direct assistance to remove them from the worst forms of child labour and for their rehabilitation and social integration.

Article 8. International cooperation. The Committee notes the Government’s indications concerning the measures adopted to improve collaboration between the various actors at the national and local levels concerned with the commercial sexual exploitation of children, including governmental organizations, non-governmental organizations, employers’ and workers’ organizations and other civil society institutions. However, it notes that the Government provides very little information on collaboration with other countries, and particularly the countries of origin of child victims of trafficking to Chile. The Committee therefore requests the Government to indicate whether measures have been taken to engage in cooperation with the countries of origin of child victims of trafficking, for example through the exchange of information and the strengthening of security measures along common borders.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistical data on the nature, extent and trends of the worst forms of child labour, the number of children protected, the number and nature of the infringements reported, the investigations conducted, charges brought, convictions and penalties imposed. According to the information available to the Office, the Government will conduct a new study on the extent of the problem in the country. The Committee requests the Government to provide the findings of this new study and to continue supplying statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations conducted, charges brought, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee  notes the Government’s first and second reports and requests it to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Section 367bis of the Penal Code sets out penalties for any person who encourages or facilitates the entry or departure from the country of persons for the purposes of prostitution on the national territory or abroad. This penalty is increased if the victim is a minor. While noting that section 367bis of the Penal Code concerns the sale and trafficking of persons for the purposes of sexual exploitation, the Committee reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for the purposes of their economic exploitation. It notes that the national legislation does not appear to contain provisions prohibiting this form of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. The Committee also requests the Government to indicate the age defining the term "minor" used in section  367bis of the Labour Code.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 1 of the Constitution, all persons are born free and equal in dignity and rights. It also notes that article 19(2) of the Constitution provides that in Chile there are no slaves and all persons on the national territory are free. Article 19(7) of the Constitution states that no one may be deprived of personal freedom, nor may that freedom be restricted except in cases and in the manner determined by the Constitution. Article 19(16) of the Constitution provides that every individual has the right to engage in and choose freely work with fair remuneration. Furthermore, section 2 of the Labour Code sets out the freedom of individuals to engage in contracts and devote themselves to the work of their choice. The State has to guarantee workers their right to choose their work freely and to ensure compliance with the rules governing the provision of their services. Finally, section 147 of the Penal Code sets forth penalties for any person who, under any pretext, forces or requires personal services from others without justification.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that section 13 or the Decree respecting the recruitment and mobilization of the armed forces provides that military duty covers all persons, without any distinction whatsoever on grounds of sex, from the ages of 18 to 45.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 367 of the Penal Code punishes any person who encourages or facilitates the prostitution of a minor to satisfy the desires of another person. Section 367ter of the Penal Code lays down a penalty for any person who, in return for money or other services of any nature, procures the sexual services of a person over 14 years of age but under 18 years. The Committee requests the Government to indicate the age defining the term "minor" used in section 367 of the Penal Code.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Under section 366(1)quint of the Penal Code, any person who takes part in the production of pornography, in any manner whatsoever, making use of young persons under 18 years of age, shall be liable to a penalty. Section 374bis of the Penal Code also provides for penalties for any person who commercializes, imports, exports, distributes, disseminates or exhibits pornography, in any manner whatsoever, showing young persons under 18  years of age. Under section 366(2)quint of the Penal Code, pornography is understood as the production of any representation of young persons under 18  years of age engaged in explicit sexual activities, whether real or simulated, or any representation of their genitals for sexual purposes. Furthermore, section 30(1) of Act No. 19846 of 2003, respecting qualification for cinematographic production, as amended by section 8 of Act No. 19927 of 2004, penalizes any person who participates in the production of pornography, in any manner whatsoever, using young persons under 18 years of age for its production. Moreover, section 30 also punishes the commercialization, import, export, distribution or exhibition of this sort of material.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes Act No. 19336 of 1995 respecting the illicit trafficking of narcotic and psychotropic substances prohibits the illicit trafficking of narcotic and psychotropic substances. While noting the information provided by the Government in its report, the Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years of age for illicit activities, in particular the production and trafficking of drugs as defined in the relevant international treaties, is considered to be one of the worst forms of child labour. It also recalls that, under Article 1 of the Convention, each Member which ratifies it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Types of hazardous work and the revision of the list of the types of hazardous work determined. The Committee notes that, under section 14(1) of the Labour Code, young persons under 18 years of age may not be admitted to work which requires the use of excessive strength nor to activities which may be hazardous to their health, safety or morals. Under section 15 of the Labour Code, work by young persons under 18 years of age in bars and other establishments of this type or in premises serving alcoholic beverages is prohibited. Section 18(1) of the Labour Code prohibits night work by young persons under 18 years of age in industrial and commercial establishments. Furthermore, section 13 of the Labour Code provides that in no case may persons under 18 years of age work more than eight hours a day. The Committee notes that, under section 225 of the Regulations respecting industrial health and safety, young persons under 18 years of age may not be engaged in underground work, the preparation and handling of explosive or inflammable materials, the cleaning of motors or transmissions that are in operation, the gathering of crude saltpetre from evaporating basins, work in general which requires excessive physical effort, or in establishments classified as unhealthy or hazardous. Section 227 of the Regulations also prohibits night work by young persons under 18 years of age in industrial and commercial establishments.

The Committee notes that, between March 2002 and January 2004, the Ministry of Labour and Social Insurance, in collaboration with ILO/IPEC, undertook a project entitled "National diagnosis of work by children and young persons and identification of cases of the worst forms of child labour". In this respect, the Committee notes the study entitled "Work by children and young persons in figures: National survey and register of the worst forms", published at the beginning of 2004. This study, based on a special survey, seeks to determine the unacceptable forms of work the elimination of which has to be a priority for the country. The Committee notes that, in the context of this study, a preliminary determination was made of the worst forms of child labour. With regard to hazardous types of work, the study classifies them as follows: "types of hazardous work due to their nature", namely work in mines, quarries or underground, work on the high seas, work at heights of over two metres, work in cold rooms, work in foundries, and "types of hazardous work by reason of the circumstances in which they are carried out", namely working days which are too long (over eight hours), night work, the lack of occupational safety and health measures and work which prevents school attendance. The Committee requests the Government to provide the list of the types of hazardous work determined once it has been finalized.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. The study entitled "Work by children and young persons in figures: National survey and register of the worst forms", indicates that a system for the classification of the worst forms of child labour has been established. This classification system is intended to determine and classify the worst forms of child labour. The National Service for Young Persons (SENAME) is responsible for the centralization of the information compiled by the police and the labour services. In 2003, the register was introduced in five regions and, since 2004, the system of registration has been extended throughout the country. The Committee notes that, according to the above study, between June and December 2003, some 189 cases were entered into the data bank, of which 39 per cent were engaged in work considered hazardous by reason of its nature, namely the use of machines requiring skills and experience. The Committee requests the Government to continue providing information on the results achieved through the system of registration of the worst forms of child labour.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that the Act respecting the Labour Directorate of 1967 sets out the functions of the Labour Directorate. Under section 1 of the Act, the Labour Directorate is responsible, inter alia, for: (c) the dissemination of the technical and social principles of the labour legislation; and (d) the monitoring of the operation of trade union bodies and conciliation mechanisms. Under section 24 of the Act, labour inspectors may inspect workplaces at any hour of the day or night. In accordance with section 474 of the Labour Code, labour inspectors are responsible for the application of penalties for violations of labour and social security laws and their regulations. Furthermore, section 476 of the Labour Code provides that the Labour Directorate is responsible for supervising the application of labour legislation and for its interpretation. The Committee requests the Government to provide information on the activities of the labour inspection services, including extracts of reports or documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

2. Ministry of Justice. The Committee notes the Government’s indication that the Ministry of Justice is responsible for the preparation of policies relating to criminal prosecutions. With regard to prostitution, the production of pornography, pornographic performances and illicit activities, the Government emphasizes that the Ministry of Justice does not consider them as child labour, but as crimes committed against children and young persons.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes with interest that, on 31 July 2002, the Government renewed the Memorandum of Understanding (MOU) with ILO/IPEC until 2007. Furthermore, the Committee takes notes of the Plan for the prevention and progressive elimination of work by children and young persons in Chile. It notes that one of the objectives of the plan is to develop a profile and to identify at the national and local levels the boys, girls and young persons engaged in activities defined as the worst forms of child labour and to provide them with social, legal and educational assistance for their reintegration. The Committee requests the Government to provide information on programmes that are developed for the implementation of the prevention plan to address the problem of the worst forms of child labour. It also requests the Government to indicate whether consultations have been held with employers’ and workers’ organizations, in accordance with Article 6, paragraph 2, of the Convention, and whether the views of other concerned groups have been taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that under section 367bis of the Penal Code, any person found guilty of the trafficking of persons for the purposes of prostitution is liable to a lesser sentence of imprisonment (involving the obligation to work) of the maximum length and a fine of 20 monthly units. It also notes that, under section 367 of the Penal Code, a person found guilty of the crime of prostitution of a young person is liable to a higher sentence of imprisonment (involving the obligation to work) of any length and a fine of between 31 and 35 monthly units. Section 367ter of the Penal Code also provides that any person found guilty of having offered money or other services in exchange for sexual relations with a young person over 14 years of age but under 18 shall be liable to a higher sentence of imprisonment (involving the obligation to work) of the maximum length. Under section 366(1)quint of the Penal Code, any person found guilty of the production of pornography shall be liable to a lesser sentence of imprisonment (involving the obligation to work) of the maximum length. Under section 374bis of the Penal Code, a person found guilty of having commercialized, imported, exported, distributed, disseminated or exhibited pornography shall be liable to a lesser sentence of imprisonment (involving the obligation to work) of middle or maximum length. Furthermore, section 30 of Act No. 19846 of 2003 respecting qualifications for cinematographic production provides for the same penalties as the Penal Code. The Committee notes that section 477 provides that violations of the Labour Code and its supplementary legislation shall be penalized by a fine of between one and ten monthly units, supplemented by 0.15 monthly units for each worker affected by the sentence. Finally, section 256 of the Regulations respecting industrial health and safety provides for a fine of between 100-500 pesos. In the event of offences, the fine is between 500-1,000 pesos.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that, in the context of an ILO/IPEC subregional programme, the Government undertook from December 2002 to February 2004 a project entitled "Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile" in the cities of Santiago, Concepcion and Talcahuano. The objective of the programme is to contribute to the progressive elimination of commercial sexual exploitation.

Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and children at special risk. The Committee notes that, according to the above document, the Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile will be of indirect benefit to the families, including sisters and brothers, of the young persons under 18 years of age concerned by the programme, and to street children at special risk. The Committee requests the Government to provide information on the measures taken in the context of the programme to protect these young persons. It also requests the Government to provide statistical data on number of children who are in practice prevented from being engaged in commercial sexual exploitation in Chile as a result of the implementation of the programme.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that a total of 120 girls, boys and young persons concerned by the Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile will receive medical care and legal assistance. It also notes that the three specific objectives of the programme are to: (1) remedy the psychosocial harm and restore their rights to girls and boys affected by commercial sexual exploitation; (2) develop and strengthen relations between girls, boys and young persons with their families, other important persons or those who are close to them; and (3) establish local and inter-sectoral networks. The Committee requests the Government to provide information on the measures adopted to ensure that these three objectives are achieved. It also requests the Government to provide statistical data on the number of children who are in practice removed from commercial sexual exploitation.

Clause (c). Access to free basic education. The Committee notes with interest that, according to the study entitled "Work by children and young persons in figures: National survey and register of the worst forms", some 94.6 per cent of girls, boys and young persons between the ages of 5 and 17 do not work and devote themselves principally to studying and activities appropriate for their age. The Committee also notes that, of the 120 girls, boys and young persons concerned by the Programme of prevention and assistance to girls and boys subjet to commercial sexual exploitation in Chile, 80 will benefit from educational measures and 40 will receive vocational training. The Committee requests the Government to provide information on the educational and vocational training measures envisaged by the programme. It also requests it to indicate the number of young persons who, after being removed from work, have in practice benefited from educational measures or received vocational training.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends, in the context of the Programme of prevention and assistance to girls and boys subject to commercial sexual exploitation in Chile,to take account of the special situation of girls and protect them from the worst forms of child labour.

Paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the National Service for Young Persons (SENAME) is a public body within the Ministry of Justice and undertakes activities to achieve the social reintegration of girls, boys and young persons under 18 years of age. It requests the Government to provide information on the activities of SENAME and to inform it of any other competent authority designated as responsible for the implementation of the provisions giving effect to the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the information provided by the Government that the Ministry of Planning and Cooperation has prepared a National policy for children. This policy addresses, among other issues, family development, education and the protection of rights. With regard to the family, the Committee notes the project FOSIS-MIDEPLAN of the Family Foundation and the National Women’s Service (SERNAM), which targets the poorest families. It also notes the project entitled "Reinforcing the family in urban areas" of the Sub-secretariat for Regional Development (SUBDERE) and the World Bank, the objective of which is to reinforce the action taken for the family at the local level. Furthermore, the Committee notes that Chile is a member of Interpol, an organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee encourages the Government to cooperate with other countries and requests it to continue to provide detailed information on enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. According to the study entitled "Work by children and young persons in figures: National survey and register of the worst forms", some 107,676 girls, boys and young persons are engaged in unacceptable forms of activity. Of these, 39,547 are between 15 and 17. These children work in the street, at night, for over 14 hours a day, over 49 hours a week and do not attend school. The Committee notes that, according to the study, of the 189 cases included in the register of the worst forms of child labour, 16 per cent concern commercial sexual exploitation (sexual tourism and the use of children for pornography) and 9 per cent consist of illicit activities (the production and trafficking of drugs). The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.