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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and identifying and reaching out to children at special risk. Indigenous and Afro-Venezuelan children. The Committee takes note of the Government’s statement, in its report, that the National Committee on the Rights of Children and Young Persons (IDENNA) implements prevention and protection programmes for all children in situations of vulnerability, without discrimination, including for children of indigenous communities and for Afro-Venezuelan children. In this regard, the Government indicates that, in 2022: (1) 448 children (including 55 children of indigenous communities or of Afro-Venezuelan descent), who were separated from their families, received shelter in Units of Comprehensive Care and received assistance for their reintegration; (2) 152 children (including 55 children belonging to indigenous communities) received care through the Casa Comunal de Abrigo Programme (shelter house); and (3) 114 children with learning difficulties (including 58 Afro-Venezuelan children and 32 children of indigenous communities), benefitted from services from the Neuro-Development Centres of IDENNA. The Committee welcomes these measures and requests the Government to continue to provide information on the effective and time-bound measures specifically aimed at protecting these children from the worst forms of child labour, including by ensuring their access to free basic education. It also requests the Government to provide detailed information on the results achieved in the context of the various IDENNA programmes.

Clause (d). Children at special risk. Children in street situations. The Committee notes, from the Government’s report, that in 2022, 47 children and 63 adolescents in street situations were provided with social integration services, through the Centre for Comprehensive Care in the State of Miranda. The Committee further notes the Government’s indication that the National Plan for the Comprehensive Protection of children and adolescents 2021–26, developed by the IDENNA, aims to provide comprehensive protection for, and guarantee, the human rights of children and young persons who require special protection, including children in street situations. The Government indicates that the National Plan is articulated with the “Zero Vulnerability Plan”, the objective of which is the prevention, protection and care of children and young persons, and in particular those in situations of vulnerability. The Committee requests the Government to provide information on the measures taken and the results achieved, including within the framework of the National Plan for the Comprehensive Protection of children and adolescents 2021–26 and the “Zero Vulnerability Plan”, to protect children in street situations from the worst forms of child labour. The Committee also requests the Government to continue providing information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Article 8. International cooperation. The Committee notes the Government’s indication that the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT), between 2021 and 2023, detected and repatriated 199 persons, including three minors of Venezuelan nationality who were assumed to be victims of trafficking. The Committee further notes, from the observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the United Federation of Workers of Venezuela (CUTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), that the Government is part of the Regional Initiative for a Latin America and Caribbean Free from Child Labour, which seeks to accelerate and intensify actions to prevent and eradicate child labour and its worst forms by strengthening inter-institutional coordination and promoting coordination between different levels of government. The Committee requests the Government to provide information on its efforts to pursue international cooperation with neighbouring countries to eliminate trafficking in children. It also requests it to continue to provide information on the impact of the measures taken, in terms of the number of child victims of trafficking who have been removed and repatriated to their countries of origin.

Poverty reduction programmes. The Committee notes the Government’s indication that the impact of the sanctions imposed by several other countries and the effects of the COVID-19 pandemic have exacerbated the deterioration of the economy and increased the vulnerability of many children and young persons. In this regard, the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA observe that, due to the economic crisis, an increasing number of children are forced to work, including in the worst forms of child labour. The Committee also notes, from the 2021 Annual Report of the UNICEF Country Office that between 2014 and 2021, the contraction by 81 per cent of the economic activity, the chronic inflation and the deterioration of basic services and the COVID-19 pandemic, were disproportionately affecting children.

The Committee notes, from the Government’s report under the Minimum Age Convention, 1973 (No. 138), that the National Plan for Comprehensive Protection of children and adolescents 2021–26 and the “Zero Vulnerability Plan” are specifically directed towards children and families in situations of great vulnerability. The Committee also notes the approval, in 2023, of the UNICEF Country Programme Document, which seeks, inter alia, to encourage the adoption of inclusive policies aimed at reducing poverty (E/ICEF/2023/P/L.7, 13 December 2022, paragraphs 8 and 12). Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts to implement social protection programmes to address the needs of low-income and vulnerable families. It requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty in vulnerable households and the impact observed on the elimination of the worst forms of child labour.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the United Federation of Workers of Venezuela (CUTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 30 August 2023. It requests the Government to provide its comments in this respect.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee notes the Government’s indication, in its report, that the judicial authorities registered, in 2022, a total of 55 victims of trafficking, including 10 children under 18 years of age. In that same year, judicial proceedings were initiated against 212 persons for alleged involvement in trafficking in persons, and 54 persons were convicted for trafficking for the purpose of sexual exploitation, pornography, forced prostitution, forced labour and irregular adoption. The Committee also notes that the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA observe that the number of trafficking cases registered by the criminal courts and the number of child victims of trafficking identified appear to be low compared to the magnitude of the problem.

The Committee further notes that the Government does not provide information on the status of the draft bill against trafficking in persons. It notes, from the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), that there is no time frame for the adoption of the bill on the prevention and punishment of the crime of trafficking in persons and comprehensive assistance to victims (CMW/C/VEN/CO/1, 27 October 2023, para. 46). The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) the concerns about: (1) the limited measures to prevent, prosecute and punish cases of trafficking in persons, in particular women and girls, for purposes of sexual exploitation and forced labour; and (2) the lack of disaggregated data on trafficking in women and girls into and out of the country (CEDAW/C/VEN/CO/9, 31 May 2023, para. 27). The Committee requests the Government to step up its efforts and take the necessary measures to ensure: (i) the adoption of the draft bill against trafficking in persons; (ii) that any person who engages in the trafficking of children is subject to in-depth investigations and robust prosecutions; and (iii) the collection of up-to-date data on the extent and nature of child trafficking in the country. It also requests the Government to continue to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed for violations relating the trafficking of children under the age of 18 years. Insofar as possible, this information should be disaggregated by age and gender.

Articles 3 and 7(2). Worst forms of child labour and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing them from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking. The Committee notes that, between 2022 and May 2023, the National Committee on the Rights of Children and Young Persons (IDENNA) provided assistance to 17 child victims of trafficking (14 girls and 3 boys) to help them locate their families. The Committee also notes the Government’s information on some assistance provided to children, but it is not clear how many of these children were victims of trafficking: 1) the National Office for Comprehensive Attention to Victims of Violence (ONAIVV), between January and February 2023, provided assistance to 304 victims of crimes of violence; and 2) 110 children and young persons were welcomed in Centres of Immediate Attention and other shelter homes, and received comprehensive care services.

The Committee notes the Government’s indication that the IDENNA carries out monthly awareness-raising campaigns on social networks to prevent and protect children from trafficking and child abuse. It notes, from the observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, the adoption of Presidential Decree No. 4.540 of 2021, approving the National Plan against Trafficking in Persons 2021-2025. However, the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA observe that: (1) the Government should provide detailed information on its contents and implementation; (2) there is a lack of governmental evaluation of the effectiveness of the plans developed; and (3) the IDENNA should communicate the results of its actions, through reports and data.

The Committee also notes, from the concluding observations of the CMW, the establishment of: (1) in 2020, a Special Division of the Ombudsperson’s Office for the Protection of Migrants, Refugees and Victims of Trafficking in Persons; and (2) in 2021, a National Council to Combat Trafficking in Persons to follow-up, evaluate, implement and monitor the National Plan against Trafficking in Persons 2021-2025 (CMW/C/VEN/CO/1, 27 October 2023, para. 6). The Committee further notes, from the concluding observations of the CEDAW, the concern about the absence of protocols for the early identification of victims of trafficking and their referral to appropriate services (CEDAW/C/VEN/CO/9, 31 May 2023, para. 27). In this regard, the Committee notes that the Government does not provide any new information on the ongoing revision of the protocol for assistance to victims of trafficking by the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT). While noting certain measures taken by the Government to combat trafficking in children, the Committee notes with concern that the Government, once again, does not provide information on the results achieved. The Committee requests the Government to carry out an evaluation of the measures taken, including in the framework of the National Plan against Trafficking in Persons 2021-2025, regarding the prevention and combating of trafficking in children. The Committee also requests the Government to pursue its efforts and to provide detailed information on: (i) the measures taken to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and ensure their rehabilitation and social integration; (ii) the number of child victims of trafficking who benefitted from these measures; and (iii) the status of the revision of the protocol for assistance to victims of trafficking by the ONCDOFT.

Article 3(d). Children engaged in hazardous mining activities. The Committee notes the Government’s indication that the “Misión Piar”, created in 2005, is a social programme which seeks to improve the lives of people in mining by providing comprehensive assistance to miners, including by developing programmes for the promotion and defence of the rights of women and children and any other measures which contribute to reducing the risk of child labour while promoting decent work, and a safe and healthy working environment. It notes, that the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, in their observations: (1) indicate that there is no labour inspection in illegal mines; and (2) that illegal mining in the Arco Minero del Orinoco has been ongoing for many years, that the forced labour of boys is increasing in this region, and that the Government is not taking any measures to put an end to it. The Committee requests the Government to take effective and time-bound measures to prevent children from engaging in hazardous mining activities, to remove them from these activities and to provide them with rehabilitation services. It requests the Government to provide information on the specific measures taken in this regard, including within the framework of the “Misión Piar” and on the results achieved, by providing information on the number of children removed and who received direct assistance for their rehabilitation and social integration.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee encouraged the Government to pursue its efforts to protect street children from the worst forms of child labour by adopting effective and coherent measures and subsequently evaluating their impact. It requested the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that had been adopted.

The Committee notes, from the Government’s report, the “Children’s and Young People’s Lives” prevention project, carried out by the national system of guidance for the comprehensive protection of children and young persons. Its objective is to ensure the protection of the rights of the most vulnerable or socially excluded children. It offers training and vocational guidance activities, and educational services to ensure children's school attendance, health services and recreational services, such as the integration of these children into cultural, sports or ecological groups. Of a total of 7,180 beneficiaries, 598 children and young persons participated in the project in 2018.

The Committee also takes note of the Government's nationwide household protection programme (“Gran Misión Hogares de la Patria”), launched in 2014, through which 6 million children benefit from basic food and direct income distributed to their families, with a view to strengthening the economic power of those families, thus preventing the engagement of children in work. The Government emphasizes that this programme strengthens public policies for the comprehensive protection of families against social inequalities, and reinforces support measures for children, particularly through education (support for school fees and the strengthening of the quality of education), care services (the establishment of comprehensive diagnostic healthcare centres, through the “Barrio Adentro” programme), food provision, and through cultural activities.

Noting the measures taken by the Government, the Committee once again encourages it to pursue its efforts to protect street children from the worst forms of child labour. It once again requests the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that have been adopted. To the extent possible, this information should be disaggregated by gender and age.

2. Indigenous and Afro-Venezuelan children. In its previous comments, the Committee noted that the United Nations Committee on the Rights of the Child remained concerned at the persistent challenges for indigenous and Afro-Venezuelan children in accessing quality education. It encouraged the Government to pursue its efforts to protect these children from the worst forms of child labour; and requested it to provide information on the results achieved in the context of the various projects of the National Committee on the Rights of Children and Young Persons (IDENNA).

The Committee notes the Government’s indication in its report that its difficult relations with various countries at the international level makes access to food supplies and medicines challenging, and increases the vulnerability of the indigenous populations.

The Committee notes that IDENNA continues to contribute to the Schipia Wachoini Communal Comprehensive Protection Centre (CCPI), as part of a protection programme for indigenous children in vulnerable situations. However, the Committee highlights the lack of information on the impact of the measures taken by the Government, and the absence of data on the situation of indigenous and Afro-Venezuelan children. Recalling once again that indigenous and Afro-Venezuelan children are often victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to pursue its efforts to protect these children from the worst forms of child labour. It also requests the Government to provide detailed information on the results achieved in the context of the various IDENNA programmes.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government had not supplied information on the measures taken as part of its collaboration with the MERCOSUR Human Rights Public Policies Institute (IPPDH) to develop the “International humanitarian cooperation project for migrants, stateless persons, refugees and victims of trafficking” (PCHI). The Committee requested the Government to provide information on the impact of measures taken to combat the trafficking and sexual exploitation of children.

The Committee notes that, according to the Government’s report, the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) is the body responsible for combating trafficking in persons through the development and implementation of public strategies against organized crime and the funding of terrorism. However, the Committee emphasizes that the Government has not provided information on the trafficking and sexual exploitation of children. The Committee once again requests the Government to provide information on the impact of the measures taken in the context of the PCHI to combat trafficking and sexual exploitation of children. It also requests the Government to provide information on cases of child victims of trafficking who have been repatriated to their countries of origin.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; the CTASI on 30 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children; and penalties. In its previous comments, the Committee noted with concern the impunity which appeared to exist in Venezuela for the perpetrators of the crime of child trafficking. The Committee requested the Government to intensify its efforts to combat such impunity. It requested the Government to supply information on the number of convictions handed down and penalties imposed against the perpetrators of these crimes. It also requested it to provide information on the progress made regarding the adoption of the draft bill against trafficking in persons.

The Committee notes in the Government’s report the activities carried out by the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) relating to the prevention of trafficking in persons and smuggling of migrants. Several awareness-raising activities have been carried out in communities and public education institutions at the national level, as well as activities to disseminate information on organized crime and its risks.

The Committee notes that the draft bill against trafficking in persons has not yet been adopted. However, the Government states that sections 41 and 42 of the Act of 2012 against organized crime and the funding of terrorism strengthened the penalties for violations related to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and the illegal transport of persons within and outside the country.

In addition, the Committee takes note of the statistics provided by ONCDOFT on judicial proceedings brought against the perpetrators of trafficking in persons between 2015 and 2018. In 2015, 24 persons were prosecuted (13 men and 11 women); in 2016, 46 persons were prosecuted (22 men and 24 women); in 2017, 32 persons were prosecuted (12 men and 20 women) and lastly, in 2018, 131 persons were prosecuted (63 men and 68 women). The Committee notes that the data provided does not indicate whether any of these prosecutions concern children under 18 years of age. The Committee requests the Government to continue to provide information on the adoption process of the draft bill against trafficking in persons. The Committee once again requests the Government to supply detailed information on the complaints filed, convictions handed down and penalties imposed under sections 41 and 42 of the Act against organized crime, indicating those cases involving victims below 18 years of age. As far as possible, this information should be disaggregated by age and gender.

Articles 3 and 7(2). Worst forms of child labour and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee requested the Government to take effective measures to remove children from trafficking and sexual exploitation and ensure their rehabilitation and social integration. It requested the Government to provide information on the results achieved through the various plans which had been implemented and on the number of child victims of trafficking and sexual exploitation who had been the beneficiaries of these measures.

The Committee takes note, according to the Government’s report, that public servants have participated in a workshop on criminal investigations into cases of trafficking in persons, focused on the prevention of migrant trafficking and smuggling, early detection of potential victims, identification of traffickers, recording of information gathered, an appropriate criminal investigation process and the distinction between trafficking in persons and smuggling of migrants. A national network against organized crime and funding of terrorism has been developed by the Government, represented in each province of the country. This network is organized into 24 coordination units which carry out prevention activities and coordinate the various national competent entities regarding operations for the monitoring, repression and follow-up of crimes of trafficking in persons and migrant smuggling. In 2018, the Government also provided training and capacity-building for public servants at key border control locations. This training course, entitled “Border Trafficking Route”, focuses on preventive measures and the implementation of control mechanisms to combat trafficking in persons and smuggling of migrants, and on the identification of potential victims and support measures for them.

The Committee also notes that the Office of the Ombudsman, together with UNICEF, has renewed the national training plan on the rights of trafficking victims, especially women, children and young persons. The implementation of this plan falls within the mandate of the Office of the Ombudsman to promote, defend and monitor human rights, and involves the participation of all institutional bodies in the country devoted to the issue of trafficking in persons and smuggling of migrants.

Further, the Committee notes that under the national system of guidance for the comprehensive protection of children and young persons, within the framework of the 2015 Act on the protection of children and young persons (section 117), programmes are implemented for the rehabilitation of children and young persons who are victims of exploitation or abuse. Prevention programmes are also in place to prevent children and young persons from being subjected to such exploitive situations.

The Committee notes, from the Government’s report, the current revision by ONCDOFT of the protocol for assistance to victims of trafficking. While noting the various actions undertaken by the Government to combat trafficking and sexual exploitation for commercial purposes, the Committee once again expresses its regret at the lack of information provided by the Government on the results achieved by these programmes. The Committee once again requests the Government to provide information on the results achieved through the various plans that have been implemented and on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures. The Committee also requests the government to supply information on the ONCDOFT protocol for assistance to victims of trafficking, once it has been revised.

Article 3(d). Children engaged in hazardous mining activities. The Committee notes that, in their observations, the FAPUV and CTASI express specific concerns about cases of children engaged in illegal mining activities in the state of Bolívar, in particular in “Arco Minero del Orinoco” (AMO), to which children from indigenous communities are particularly exposed. The Committee requests the Government to provide information on the effective and time-bound measures taken to prevent children from engaging in hazardous mining activities, to remove them from these activities and to provide them with rehabilitation services.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee encouraged the Government to pursue its efforts to protect street children from the worst forms of child labour by adopting effective and coherent measures and subsequently evaluating their impact. It requested the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that had been adopted.

The Committee notes, from the Government’s report, the “Children’s and Young People’s Lives” prevention project, carried out by the national system of guidance for the comprehensive protection of children and young persons. Its objective is to ensure the protection of the rights of the most vulnerable or socially excluded children. It offers training and vocational guidance activities, and educational services to ensure children's school attendance, health services and recreational services, such as the integration of these children into cultural, sports or ecological groups. Of a total of 7,180 beneficiaries, 598 children and young persons participated in the project in 2018.

The Committee also takes note of the Government's nationwide household protection programme (“Gran Misión Hogares de la Patria”), launched in 2014, through which 6 million children benefit from basic food and direct income distributed to their families, with a view to strengthening the economic power of those families, thus preventing the engagement of children in work. The Government emphasizes that this programme strengthens public policies for the comprehensive protection of families against social inequalities, and reinforces support measures for children, particularly through education (support for school fees and the strengthening of the quality of education), care services (the establishment of comprehensive diagnostic healthcare centres, through the “Barrio Adentro” programme), food provision, and through cultural activities.

Noting the measures taken by the Government, the Committee once again encourages it to pursue its efforts to protect street children from the worst forms of child labour. It once again requests the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that have been adopted. This information should be disaggregated by sex and age.

2. Indigenous and Afro-Venezuelan children. In its previous comments, the Committee noted that the United Nations Committee on the Rights of the Child remained concerned at the persistent challenges for indigenous and Afro Venezuelan children in accessing quality education. It encouraged the Government to pursue its efforts to protect these children from the worst forms of child labour; and requested it to provide information on the results achieved in the context of the various projects of the National Committee on the Rights of Children and Young Persons (IDENNA).

The Committee notes the Government’s indication in its report that its difficult relations with various countries at the international level makes access to food supplies and medicines challenging, and increases the vulnerability of the indigenous populations.

The Committee notes that IDENNA continues to contribute to the Schipia Wachoini Communal Comprehensive Protection Centre (CCPI), as part of a protection programme for indigenous children in vulnerable situations. However, the Committee highlights the lack of information on the impact of the measures taken by the Government, and the absence of data on the situation of indigenous and Afro-Venezuelan children. Recalling once again that indigenous or Afro Venezuelan children are often the victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to pursue its efforts to protect these children from the worst forms of child labour. It also requests the Government to provide detailed information on the results achieved in the context of the various IDENNA programmes.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government had not supplied information on the measures taken as part of its collaboration with the MERCOSUR Human Rights Public Policies Institute (IPPDH) to develop the “International humanitarian cooperation project for migrants, stateless persons, refugees and victims of trafficking” (PCHI). The Committee requested the Government to provide information on the impact of measures taken to combat the trafficking and sexual exploitation of children.

The Committee notes that, according to the Government’s report, the National Office against Organized Crime and the Funding of Terrorism is the body responsible for combating trafficking in persons through the development and implementation of public strategies against organized crime and the funding of terrorism. However, the Committee emphasizes that the Government has not provided information on the trafficking and sexual exploitation of children. The Committee once again requests the Government to provide information on the impact of the measures taken in the context of the PCHI to combat trafficking and sexual exploitation of children. It also requests the Government to provide information on cases of child victims of trafficking who have been repatriated to their countries of origin.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children; and penalties. In its previous comments, the Committee noted with concern the impunity which appeared to exist in Venezuela for the perpetrators of the crime of child trafficking. The Committee requested the Government to intensify its efforts to combat such impunity. It requested the Government to supply information on the number of convictions handed down and penalties imposed against the perpetrators of these crimes. It also requested it to provide information on the progress made regarding the adoption of the draft bill against trafficking in persons.

The Committee notes in the Government’s report the activities carried out by the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) relating to the prevention of trafficking in persons and smuggling of migrants. Several awareness-raising activities have been carried out in communities and public education institutions at the national level, as well as activities to disseminate information on organized crime and its risks.

The Committee notes that the draft bill against trafficking in persons has not yet been adopted. However, the Government states that sections 41 and 42 of the Act of 2012 against organized crime and the funding of terrorism strengthened the penalties for violations to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and the illegal transport of persons within and outside the country.

In addition, the Committee takes note of the statistics provided by ONCDOFT on judicial proceedings brought against the perpetrators of trafficking in persons between 2015 and 2018. In 2015, 24 persons were prosecuted (13 men and 11 women); in 2016, 46 persons were prosecuted (22 men and 24 women); in 2017, 32 persons were prosecuted (12 men and 20 women) and lastly, in 2018, 131 persons were prosecuted (63 men and 68 women). The Committee notes that the data provided of not indicate whether any of these prosecutions concern children under 18 years of age. The Committee requests the Government to continue to provide information on the adoption process of the draft bill against trafficking in persons. The Committee once again requests the Government to supply detailed information on the complaints filed, convictions handed down and penalties imposed under sections 41 and 42 of the Act against organized crime, indicating those cases involving victims below 18 years of age. As far as possible, this information should be disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee requested the Government to take effective measures to remove children from trafficking and sexual exploitation and ensure their rehabilitation and social integration. It requested the Government to provide information on the results achieved through the various plans which had been implemented and on the number of child victims of trafficking and sexual exploitation who had been the beneficiaries of these measures.

The Committee takes note, according to the Government’s report, that public servants have participated in a workshop on criminal investigations into cases of trafficking in persons, focused on the prevention of migrant trafficking and smuggling, early detection of potential victims, identification of traffickers, recording of information gathered, an appropriate criminal investigation process and the distinction between trafficking in persons and smuggling of migrants. A national network against organized crime and funding of terrorism has been developed by the Government, represented in each province of the country. This network is organized into 24 coordination units which carry out prevention activities and coordinate the various national competent entities regarding operations for the monitoring, repression and follow-up of crimes of trafficking in persons and migrant smuggling. In 2018, the Government also provided training and capacity-building for public servants at key border control locations. This training course, entitled “Border Trafficking Route”, focuses on preventive measures and the implementation of control mechanisms to combat trafficking in persons and smuggling of migrants, and on the identification of potential victims and support measures for them.

The Committee also notes that the Office of the Ombudsman, together with UNICEF, has renewed the national training plan on the rights of trafficking victims, especially women, children and young persons. The implementation of this plan falls within the mandate of the Office of the Ombudsman to promote, defend and monitor human rights, and involves the participation of all institutional bodies in the country devoted to the issue of trafficking in persons and smuggling of migrants.

Further, the Committee notes that under the national system of guidance for the comprehensive protection of children and young persons, within the framework of the 2015 Act on the protection of children and young persons (section 117), programmes are implemented for the rehabilitation of children and young persons who are victims of exploitation or abuse. Prevention programmes are also in place to prevent children and young persons from being subjected to such exploitive situations.

The Committee notes, from the Government’s report, the current revision by ONCDOFT of the protocol for assistance to victims of trafficking. While noting the various actions undertaken by the Government to combat trafficking and sexual exploitation for commercial purposes, the Committee once again expresses its regret at the lack of information provided by the Government on the results achieved by these programmes. The Committee once again requests the Government to provide information on the results achieved through the various plans that have been implemented and on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures. The Committee also requests the government to supply information on the ONCDOFT protocol for assistance to victims of trafficking, once it has been revised.

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

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

Article7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee observed that the issue of street children was one of the most serious problems in the country. It noted that one of the objectives of the Misión Negra Hipólita, which had been set up to address the situation of vulnerable persons such as street children, was to remove from the streets, rehabilitate and socially integrate street children and young persons involved in the worst forms of child labour, such as working in garbage dumps. The Government also indicated that the National Committee on the Rights of Children and Young Persons (IDENNA) had launched a family integration plan aimed at the reintegration of street children into a family setting (family of origin, host family or adoptive family) and that as a result of the plan 1,762 children had been reintegrated into their families, 436 children had been placed in host families, and 1,533 children had been adopted.

The Committee notes that the Government does not supply any information on the impact of the Misión Negra Hipólita or the family integration plan. However, it notes the Government’s indication in its report that it is drawing up a comprehensive nationwide “Household protection plan”, which includes a component dedicated to children in vulnerable situations or at risk socially. The specific objectives relating to children include developing public and community systems to take care of children in difficulty and promote their access to services providing health care, education and food. The Government also mentions various programmes and plans of action that are being developed through IDENNA. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 13 October 2014, expresses regret at the lack of information on the extent of the phenomenon of street children, consistency among the various initiatives taken so far, the results of those initiatives and the actual impact on improving the living conditions of street children (CRC/C/VEN/CO/3-5, paragraph 72). The Committee strongly encourages the Government to pursue its efforts to protect street children from the worst forms of child labour by adopting effective and coherent measures and subsequently evaluating their impact. It requests the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that have been adopted.

2. Indigenous and Afro-Venezuelan children. The Committee previously noted that despite the efforts made by the Government, the situation had not improved sufficiently as regards the protection of indigenous peoples. It noted the measures taken to address the situation of indigenous peoples, including through improving their living conditions and promoting their economic and social development.

The Committee notes the contribution of IDENNA to the Schipia Wachoini Communal Comprehensive Protection Centre (CCPI) as part of a protection programme for indigenous children in vulnerable situations aimed at providing them with special assistance in the areas of health care, educational advancement and nutrition. The Government indicates that during 2014–15 the CCPI catered for 182 boys, 168 girls and 42 adolescents. The Committee also notes the Government’s indication that IDENNA has implemented the “National recreation plan for good living”, a preventive programme aimed at protecting indigenous children’s right to recreation by teaching them basic values and principles such as communication, cooperation and teamwork. The Government indicates that the programme has benefited 10,468 indigenous children and 12,794 indigenous adolescents. However, the Committee notes that the CRC remains concerned at the persistent challenges for indigenous and Afro-Venezuelan children in accessing quality education (CRC/C/VEN/CO/3-5, paragraph 64). Recalling that indigenous or Afro-Venezuelan children are often the victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect these children from the worst forms of child labour. It requests the Government to provide information on the results achieved in the context of the various IDENNA programmes.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government is participating in the Niño Sur initiative in the context of the Common Market of the Southern Cone (MERCOSUR). The initiative aims to raise awareness of sexual exploitation, improve the country’s legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. It also noted that proposals for cooperation with the Governments of Brazil and Uruguay concerning the elimination of the sale, trafficking and sexual exploitation of children were being carried out and that IDENNA had organized days for the protection of children and young persons living in border areas, in cooperation with Colombia.

The Committee notes that the Government has not supplied any information on these cooperation measures. However, the Government indicates that it is collaborating with the MERCOSUR Human Rights Public Policies Institute (IPPDH) to develop the “International humanitarian cooperation project for migrants, stateless persons, refugees and victims of trafficking” (PCHI). One of the aims of the project is to develop instruments for regional technical cooperation and regional dialogue with a view to tackling the problem of the trafficking of persons, including children, in a more inclusive manner. The Committee requests the Government to provide information on the impact of measures taken to combat the trafficking and sexual exploitation of children. Noting the lack of information from the Government on this matter, the Committee requests the Government once again to provide information on cases of child victims of trafficking who have been repatriated to their countries of origin.

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

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children, use, procuring or offering of a child for prostitution and penalties. In its previous comments, the Committee noted that child prostitution is one of the most serious problems confronting the country. The Committee expressed its concern at the fact that the number of reported cases of trafficking and prostitution of children remained relatively low in view of the extent and persistence of this practice in reality. It also noted the adoption of the Act of 30 April 2012 against organized crime and the funding of terrorism, the new provisions of which have made it possible to strengthen the system of penalties relating to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and also relating to the illegal transportation of persons inside and outside the country as organized crime. The sale and trafficking of children now incurs a penalty of 20 to 25 years’ imprisonment (section 41), and the penalty for the illegal transportation of persons is eight to 12 years’ imprisonment (section 42). Moreover, it noted that a draft bill against the trafficking of persons had been submitted to the legislative authority.

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

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted several plans of action to combat the sexual exploitation of children and provide assistance for victims but expressed regret at the lack of information supplied by the Government on the results achieved.

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

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

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

Article 6 of the Convention. Programmes of action. In its previous comments the Committee noted that the Ministry of Participation and Social Protection, in conjunction with the National Committee on the Rights of Children and Young Persons (IDENA), launched the “Neighbourhood children’s mission”, a programme aimed at guaranteeing the rights of children and young persons, especially those in situations of extreme poverty. It noted the “Protecting the dignity of working children and young persons” (PRODINAT) programme, launched in 2008, which sought to ensure young workers’ labour rights, progressively abolish child labour and protect young persons at work. In 2009, PRODINAT took the form of five projects launched in five states, benefiting a total of 427 young workers. The Committee also noted that IDENA provided assistance for a total of 42,446 children and young persons in 2009–10.

The Committee duly notes the information from the Government to the effect that the “Neighbourhood children’s mission” and PRODINAT are continuing to give assistance to children at risk, particularly those working in the informal sector or engaged in hazardous work, providing them with educational support and possibilities of decent work. It also notes that a new programme entitled “Grand mission for the children of Venezuela” has been launched with the particular aim of providing economic support for vulnerable families. The programme had provided assistance for a total of 680,000 children and young persons by July 2013.

Article 7(2) Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the measures taken by the Government to guarantee access to education for indigenous children and to encourage pluri-lingual teaching. It noted that, according to the 2010 Education for All Global Monitoring Report published by UNESCO entitled “Reaching the marginalized”, the percentage of children who do not attend school decreased considerably in recent years and the country was close to achieving the goal of education for all, especially because of an improved transition rate from primary to secondary education (97 per cent in 2008). Moreover, statistics for 2009 reveal that the net secondary school enrolment rate has increased substantially since 2002, reaching 75 per cent for girls and 67 per cent for boys.

The Committee notes the Government’s indications that the school drop-out rate is barely 1 per cent of children at primary level and 5 per cent at secondary level. It also notes that, according to the 2012 Education for All Global Monitoring Report published by UNESCO entitled “Youth and skills: Putting education to work”, the net primary school enrolment rate was 93 per cent in 2010, which signifies real progress compared with the situation in 1999 (85 per cent).

Clause (d). Children at special risk. 1. Street children. In its previous comments the Committee noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), the issue of street children was one of the most serious problems in the country. It noted that the “Misión Negra Hipólita” was set up in 2006 to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and young persons involved in the worst forms of child labour, such as working in garbage dumps. The Committee further noted that various activities were undertaken in 2008 and 2009 in the context of the “Neighbourhood children’s mission” to address the situation of street children, provide care for them as part of protection programmes and ensure their reintegration into their families.

In its report the Government indicates that IDENA has launched a new family integration plan aimed at the reintegration of street children into a family setting (family of origin, host family or adoptive family). It notes that, according to the information provided in its report to the CRC with a view to the examination of the application of the Convention on the Rights of the Child at its 67th Session (CRC/C/VEN/3-5), this plan achieved the following results between 2008 and 2010: reintegration of 1,762 children into families, placement of 436 children in host families and adoption of 1,533 children (paragraph 169). The Committee strongly encourages the Government to pursue its efforts to protect street children from the worst forms of child labour and requests it to continue providing information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the “Misión Negra Hipólita” and the family integration plan.

2. Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of protection of indigenous peoples. It noted the measures taken by the Government to address the situation of indigenous peoples, including through improving their living conditions and promoting their economic and social development. It further noted that the “Programme for the comprehensive protection of children (HOGAIN)”, which addresses the needs of indigenous children, has benefited approximately 24,340 children belonging to various ethnic groups. Finally, in July 2009, IDENA organized the “Day for the comprehensive protection of children and young persons in the areas adjoining the border with Colombia in the municipality of Rómulo Gallegos in the state of Apure”, in order to assist eight indigenous communities in the region and carry out an assessment of their situation. As a result, a total of 950 indigenous persons (190 families, 268 boys, 343 girls and 87 adolescents) received medical and nutritional assistance.

The Committee notes once again that the Government’s report does not contain any new information on the measures taken and the results achieved in the context of the HOGAIN programme or on the programmes for children from Afro-Venezuelan communities. Observing that indigenous or Afro-Venezuelan children are often the victims of various forms of exploitation, and are at risk of becoming involved in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to protect these children from the worst forms of child labour. It again requests the Government, in its next report, to provide information on the results achieved in the context of the HOGAIN programme and to supply information on the measures taken to protect children from Afro-Venezuelan communities.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government of the Bolivarian Republic of Venezuela is participating in the “Niño Sur” initiative in the context of the Common Market of the Southern Cone (MERCOSUR). The initiative aims to raise awareness of commercial sexual exploitation, improve the country’s legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. It also noted that proposals for cooperation with the Governments of Brazil and Uruguay concerning the elimination of the sale, trafficking and sexual exploitation of children were being carried out and that IDENA had organized days for the protection of children and young persons living in border areas, in cooperation with Colombia. Observing that the Government’s report does not contain any new information on this matter, the Committee requests the Government to provide information on the measures taken to promote cooperation with neighbouring countries and reinforce border security measures in order to combat the trafficking and sexual exploitation of children. It also requests the Government to provide information in its next report on cases of child victims of trafficking who have been repatriated to their countries of origin.

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

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children; use, procuring or offering of a child for prostitution; and penalties. In its previous comments, the Committee noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country. It noted the statistics submitted in the Government’s report relating to the number of cases of trafficking, prostitution and pornography involving children and young persons recorded between 2007 and 2010, and observed that just one case of child prostitution and no cases of trafficking of children were reported in 2010. The Committee expressed its concern that the number of reported cases of trafficking and prostitution of children remained relatively low in view of the scope and persistence of this practice in reality.

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes the adoption of the new Act of 2009 concerning military conscription and recruitment, which supersedes the Act of 1979. It observes that section 4 of the Act of 2009 provides that Venezuelan nationals between the ages of 18 and 60 are subject to military obligations. It also notes that forced recruitment is prohibited and subject to penalties (section 7). Moreover, the Committee notes that, even though students undergoing military training are obliged to be entered in the military register, this obligation applies only to persons of military age, namely over 18 years of age (section 59). The Committee also notes the Government’s indication that students in the last two years of secondary education, for whom pre-military instruction is compulsory under section 71 of the Act of 2009, are not required or permitted to participate in armed conflict.

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the information provided by the Government concerning the operation of the labour inspection services. The Committee observes that the labour inspection system is subject to the Ministry of People’s Power for Labour and Social Security and is divided into three major inspection groups. One of the tasks of labour inspectors is to enforce the laws relating to child labour. The Government’s report indicates that this monitoring mainly takes the form of inspection visits to workplaces in the rural and urban sectors. The Committee also notes that the division for investigations and for the protection of children, young persons, women and the family at the Ministry of People’s Power, Internal Relations and Justice focuses its inquiries on violence against women and on the protection of children and young persons. The Committee notes the statistics sent in the Government’s report concerning the number of cases of trafficking, prostitution and pornography involving children and young persons recorded between 2007 and 2010. However, it observes that the Government’s report does not contain any information on the work of the labour inspectorate in the area of monitoring hazardous types of work. The Committee therefore requests the Government to include information in its next report on the scope and nature of violations detected by the labour inspectorate involving children and young persons engaged in hazardous types of work.

Article 6. Programmes of action. “Neighbourhood children’s mission”. In its previous comments the Committee noted that the Ministry of Participation and Social Protection, in conjunction with the National Committee on the Rights of Children and Young Persons (IDENA), launched the “Neighbourhood children’s mission”, a programme aimed at guaranteeing the rights of children and young persons, especially those in situations of extreme poverty. Among the activities implementing the mission, the Committee noted the “Protecting the dignity of working children and young persons” (PRODINAT) programme, launched in 2008, which seeks to ensure young workers’ labour rights, progressively abolish child labour and protect young persons at work. In 2009 PRODINAT took the form of five projects launched in five states, benefiting a total of 427 young workers.

The Committee takes due note of the detailed information sent in the Government’s report concerning the various projects and programmes of action implemented in the context of the “Neighbourhood children’s mission”. It notes, inter alia, the Government’s indication that IDENA provided assistance for a total of 42,446 children and young persons between 2009 and 2010. The Committee requests the Government to continue to provide information on the impact of the measures taken in the context of the “Neighbourhood children’s mission” on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the information sent by the Government in its report submitted under the Minimum Age Convention, 1973 (No. 138), relating to the measures taken to guarantee access to education for indigenous children and to encourage plurilingual teaching. It notes that, according to the 2010 Education for All Global Monitoring Report published by UNESCO entitled “Reaching the marginalized”, in recent years the Bolivarian Republic of Venezuela has considerably reduced the percentage of children who do not attend school and is close to achieving the goal of education for all, especially because of an improved transition rate from primary to secondary education. According to UNESCO statistics for 2008, the primary-to-secondary transition rate is now 97 per cent. Moreover, statistics for 2009 reveal that the net secondary school enrolment rate has risen substantially since 2002, reaching 75 per cent for girls and 67 per cent for boys. The Committee encourages the Government to pursue its efforts to improve the functioning of the education system, especially at secondary level, giving particular attention to inequalities in access to education based on gender, ethnic origin or region, and requests the Government to continue to provide information on the measures taken in this respect. The Committee also requests the Government to provide recent statistics relating to the school attendance and drop-out rates.

Clause (d). Children at special risk. Street children. In its previous comments the Committee noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), the issue of street children was one of the most serious problems in the country. It noted that the “Misión Negra Hipólita” was set up in 2006 to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and young persons involved in the worst forms of child labour, such as working in garbage dumps. A number of activities were carried out, including an assessment of the situation of children working in garbage dumps. The Committee further noted that various activities were undertaken in 2008 and 2009 in the context of the “Neighbourhood children’s mission” to address the situation of street children, provide care for them as part of protection programmes and ensure their reintegration into their families.

The Committee observes that the Government’s report does not contain any information on the results achieved in the context of the “Misión Negra Hipólita” and the “Neighbourhood children’s mission” in response to the situation of street children. Recalling that street children are at particular risk of involvement in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to protect these children from the worst forms of child labour and once again requests it to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the “Misión Negra Hipólita” and the “Neighbourhood children’s mission”.

Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of the protection of indigenous peoples. It noted the measures taken by the Government to address the situation of indigenous peoples, including through improving their living conditions and promoting their economic and social development. It noted that these measures also cover medical assistance and education. The Committee further noted that the “Programme for the comprehensive protection of children (HOGAIN)”, which addresses the needs of indigenous children, has benefited approximately 24,340 children belonging to various ethnic groups. Finally, in July 2009, IDENA organized the “Day for the comprehensive protection of children and young persons in the areas adjoining the border with Colombia” in the municipality of Rómulo Gallegos in the state of Apure, in order to assist eight indigenous communities in the region and carry out an assessment of their situation. As a result, a total of 950 indigenous persons (190 families, 268 boys, 343 girls and 87 adolescents) received medical and nutritional assistance.

The Committee notes that the Government’s report does not contain any new information on this matter. Noting that indigenous or Afro-Venezuelan children are often the victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to protect these children from the worst forms of child labour. It requests the Government to provide information on the results achieved in the context of the HOGAIN programme and requests it once again to supply information on the measures taken to protect Afro-Venezuelan children.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee previously noted that section 4 of the Act on conscription and military recruitment provides that the military age is the period between 18 and 50 years during which Venezuelan nationals have military obligations. It also noted that section 71 of this Act provides that pre-military instruction is compulsory for students in the last two years of secondary education and their equivalent in educational groups, whether official or private. It noted that students who are subject to pre-military instruction are aged between 15 and 17 years. The Committee requested the Government to provide information on pre-military instruction with an indication of whether, in the context of such instruction, these students may be required or permitted to participate in armed conflict.

The Committee notes the Government’s information that, by virtue of article 134 of the Constitution, compulsory recruitment in the armed forces is not allowed in the Bolivarian Republic of Venezuela. It notes that, according to information available at the Office, a new military education law was being debated in 2007. According to this bill, secondary-education students in all institutions would be required to follow a diversified secondary and military professional educational programme for 18 months, offering academic, scientific, technical and military courses. Pre-military instruction in secondary schools would continue under the authority of the Ministry of Popular Power for Defence. Noting the absence of information on this point, the Committee requests the Government to indicate whether, according to the legislation in force and to the pending bill referred to above, pre-military instruction students between 15 and 17 years of age may be required to participate in armed conflict.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s information that the National Institute for Prevention and Occupational Safety and Health (INPSASEL) completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team would carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really should be understood as hazardous work. The Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that, in identifying hazardous types of work, consideration should be given, among other things, to the types of work enumerated in the Recommendation. The Committee requested the Government to provide the list of hazardous types of work when it has been determined.

The Committee notes the Government’s information that the National Committee for the Rights of Children and Adolescents (IDENA) is studying and elaborating a proposal for a Guide for Prevention for the Classification of types of hazardous work for child and adolescent workers. However, it notes with deep concern that no list of the types of hazardous work appears to have been established. The Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Article 5. Monitoring mechanisms. In its previous comments, the Committee requested the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including through the provision of extracts from reports and documents. It notes the Government’s information that it is updating the available information on this subject and will keep the Committee informed in this regard. The Committee requests the Government to provide information on this subject in its next report.

Article 6. Programmes of action. 1. ILO–IPEC projects. The Committee previously noted that the Bolivarian Republic of Venezuela is collaborating with ILO–IPEC and has implemented projects to eliminate child labour, including its worst forms. The Committee notes the Government’s information that it will provide this information once available. It requests the Government to provide information on this subject as soon as it becomes available.

2. The Neighborhood Children Mission. The Committee previously noted the Government’s information that it implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health, personal and social development. It noted that this programme targeted working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisaged the adoption of various policies and plans of action.

The Committee notes the Government’s comprehensive information on the results of the PRONAT programme as well as statistical information collected under this programme. It also notes that, according to information available at the Office, the PRONAT programme is concluded. The Committee notes the Government’s information that the Ministry for Participation and Social Protection, jointly with IDENA, launched the programme Neighbourhood Children Mission, which is aimed at guaranteeing the rights of children and adolescents, especially those in situations of extreme poverty. Among the programmes implementing the mission, the Programme for decent work of boys, girls and adolescents (PRODINAT) was launched in 2008 and is aimed at ensuring young workers’ labour rights in order to progressively abolish child labour and protect the work of adolescents. In 2009, PRODINAT was implemented through five projects in five states respectively, and benefited 427 young workers in total. The Committee notes that, according to the 2008 Findings on the Worst Forms of Child Labour in the Bolivarian Republic of Venezuela, services are to be offered under phase I of the Neighborhood Children Mission to 3,600 vulnerable children, including street children, working children and children at risk of working, while educational, sport, and cultural activities are to be provided to poor children under phase II. The Committee requests the Government to provide information on the results achieved by the Neighborhood Children Mission in eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted that, according to the information contained in the Government’s second periodic report to the CRC in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children were one of the most serious problems in the country. There were reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure was an estimate as no study had been conducted covering all urban centres, capitals and cities. The Committee noted that, in the context of the pilot plan of action for full support for street children and young persons implemented in the municipality of Libertador, over 28 street educators were trained, contacts were established with street girls, boys and young persons, and measures were taken to assist a number of them. Moreover, steps were taken for the construction of infrastructure for street children. The Committee, however, further noted that, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the CRC expressed concern at the inadequate living conditions of these children and recommended that the Government extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee notes the Government’s information that in 2006 the Mission Negra Hipólita was created to address the situation of vulnerable persons, such as street children. One of its objectives was to remove from the streets, rehabilitate and socially integrate street children and child and adolescent victims of the worst forms of child labour, such as those working in the garbage dumps. In this regard, various activities were carried out, including assessments of the situation of children working in each garbage dump. The Committee further notes the Government’s information that, between 2008 and 2009, various activities were undertaken in the framework of the Neighborhood Children Mission to address the situation of street children and include them under programmes of protection to ensure their reintegration in their families. The Committee encourages the Government to continue taking measures to protect street children from the worst forms of child labour and requests it to provide information on the number of street children removed from the streets, rehabilitated and socially integrated pursuant to the implementation of the abovementioned programmes and projects, with child participation.

2. Indigenous and Afro-Venezuelan children. The Committee previously noted that the CRC, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), expressed concern that, despite the efforts made by the Government, the situation had not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls were at higher risk of sexual exploitation and that they tended not to report complaints. The CRC also noted that there were discriminatory practices against Afro-Venezuelans and recommended the Government to strengthen its efforts to improve living conditions in the areas inhabited by indigenous peoples and to take measures to respond to the problems of Afro-Venezuelan persons.

The Committee notes the Government’s comprehensive information on the measures taken to address the situation of indigenous people, including through improving their living conditions and promoting their economic and social development. It notes that these measures also target medical assistance and education. It also notes the Government’s indication that the Programme for full protection of children (HOGAIN) addresses the needs of indigenous children and benefits approximately 24,340 children of several ethnic groups. It also notes the Government’s information that, in July 2009, IDENA organized the “Day for fully protecting children and adolescents in the border areas with Colombia in the state of Apure, municipality of Rómulo Gallegos” in order to assist eight indigenous communities in that area and make an assessment of their situation. In that event, 950 indigenous people including 190 families, 268 boys, 343 girls and 87 adolescents were assisted through medical and nutritional assistance. The Committee encourages the Government to continue taking measures to reduce the vulnerability of indigenous children to the worst forms of child labour and requests it to continue to provide information on the results of these measures. Noting the absence of information on this point, it also requests the Government to provide information on any measures taken to protect children belonging to minorities, such as Afro-Venezuelans, and reduce their vulnerability to the worst forms of child labour.

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

Article 3(a) and (b) and Article 7(1) of the Convention. Sale and trafficking of children, the use, procuring or offering of a child for prostitution, and penalties. The Committee previously noted, in its comments under the Forced Labour Convention, 1930 (No. 29), the comments made by the International Trade Union Confederation (ITUC) in which it referred to the “widely reported” trafficking of women and children for prostitution. It further noted that the national legislation contains various provisions penalizing the sale and trafficking of children under 18 years of age or their use, procuring or offering for prostitution. It noted that, in its concluding observations on the Government’s combined fourth, fifth and sixth periodic reports of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women (CEDAW), while noting the preventive efforts in place aimed at addressing the root causes of prostitution, expressed concern that insufficient steps had been taken to curtail the exploitation of prostitution and to discourage demand. The Committee finally noted that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee takes note of the information provided by the Government in its report on the measures taken to prevent and combat the trafficking and commercial sexual exploitation of children. As part of these measures, government officials were trained on trafficking of persons, including illicit trafficking of migrant workers. It also notes the Government’s information that, in the framework of the anti-trafficking collaboration with UNICEF, a bill on trafficking of persons is pending. The Committee notes that the 2009 Report on Trafficking in Persons in the Bolivarian Republic of Venezuela, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), indicates that the Bolivarian Republic of Venezuela is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and forced labour. Venezuelan women and girls are trafficked within the country for commercial sexual exploitation, lured from poor interior regions to urban and tourist areas such as Caracas and Margarita Island. Some Venezuelan children are forced to work as street beggars or as domestic servants. Venezuelan women and girls are trafficked transnationally for commercial sexual exploitation to Mexico, in addition to Caribbean destinations such as Trinidad and Tobago, Netherlands Antilles and the Dominican Republic. Furthermore, men, women and children from Colombia, Peru, Ecuador, Brazil, Dominican Republic and Asian nations such as the People's Republic of China are trafficked to and through the Bolivarian Republic of Venezuela, and may be subjected to commercial sexual exploitation and forced labour. A more recent trend appears to be increased human trafficking activity in the Bolivarian Republic of Venezuela’s Orinoco River Basin area and border regions of Tachira state, where political violence and infiltration by armed rebel groups are common.

The Committee further notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, which contains information for the period 2004–07, the number of persons prosecuted for the offence of trafficking of persons and other related offences decreased from 18 in 2005 to four in 2007 (12 persons were convicted for these offences in 2005 and only one in 2007). Moreover, the Committee notes that the 2009 Report on Trafficking in Persons in the Bolivarian Republic of Venezuela indicates that the Government did not show evidence of progress in convicting and sentencing trafficking offenders and providing adequate assistance to victims. In particular, the Bolivarian Republic of Venezuela made limited anti-trafficking law enforcement efforts over 2008: despite existing legal tools for punishing many forms of human trafficking, the Venezuelan Government did not report any convictions or sentences of trafficking offenders in 2008. However, the Government opened six investigations of transnational sex trafficking, one investigation of transnational labour trafficking, and one investigation of suspected internal trafficking. There were no confirmed reports of government complicity with human trafficking in 2008, though corruption among public officials, particularly related to the issuance of false identity documents, appeared to be widespread. Moreover, many Venezuelan law enforcement officials reportedly did not distinguish between human trafficking and alien smuggling offences.

The Committee expresses its concern at the information concerning the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in the country as well as at the limited anti‑trafficking law enforcement efforts to address the issue. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of sexual or labour exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. It finally requests the Government to provide information on any developments in adopting the bill on trafficking of persons.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking and commercial sexual exploitation. The Committee previously noted that the Government adopted a National Plan of Action against Abuse and Commercial Sexual Exploitation (PANAESC), the objectives of which include the prevention and protection of children under 18 years of age from sexual exploitation and their rehabilitation. It further noted that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), CEDAW, while noting the socio‑economic and preventive measures in place to address the root causes of prostitution, expressed concern that insufficient steps had been taken for rehabilitation.

The Committee notes the Government’s information that it has adopted, especially through the National Committee for the Rights of Children and Adolescents (IDENA) and the Ministry for Internal Affairs and Justice, various measures to prevent the trafficking and commercial sexual exploitation of children. The more recent measures include: the adoption of the National Plan to prevent, combat and sanction trafficking of persons as well as assist its victims (National Plan to combat trafficking); and the development and publication of guidelines for the protection of child and adolescent victims of pornography as a form of commercial sexual exploitation. Various public awareness campaigns were also carried out against the dangers of human trafficking and commercial sexual exploitation. The Committee requests the Government to continue to take measures to prevent the engagement of children in trafficking and commercial sexual exploitation and to provide information in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee notes the Government’s information that, in the framework of the anti-trafficking collaboration with UNICEF, a guide for protecting and assisting victims of trafficking of persons, especially women, children and adolescents, was elaborated. It also notes that the National Plan to combat trafficking also targets assistance to victims of trafficking. It finally notes that one of the objectives of the PANAESC is rehabilitating child victims of commercial sexual exploitation. Noting the absence of information on any effective and time-bound measures taken in the context of the National Plan to combat trafficking and the PANAESC with a view to providing the necessary and appropriate direct assistance for the removal of children from trafficking and commercial sexual exploitation and for their rehabilitation and social integration, the Committee once again requests the Government to provide information on the measures adopted in this regard. In this respect, it requests the Government to indicate whether reception centres for child victims of trafficking and commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking and commercial sexual exploitation.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that since 2006 the Bolivarian Republic of Venezuela is cooperating with various international organizations, such as the International Organization for Migration (IOM), UNICEF and the Organization of American States (OAS), as well as at the regional level in the framework of MERCOSUR, in order to eliminate the sale and trafficking and commercial sexual exploitation of children. It also notes that, according to the Trafficking Report, the Venezuelan Ministry of Tourism is part of the Joint Group for the Elimination of Commercial Sexual Exploitation of Children in Tourism, which conducts prevention and awareness-raising campaigns to combat the commercial exploitation of children in Latin America. Moreover, the Government of the Bolivarian Republic of Venezuela, jointly with the government members and associates of MERCOSUR, is carrying out the Niño Sur initiative to defend the rights of children and adolescents in the region. The initiative aims to raise awareness of commercial sexual exploitation, improve country legal frameworks, and exchange best practices to tackle issues related to victim protection and assistance. The Committee notes the Government’s information that, in the framework of the Niño Sur initiative, a regional legislative database on the prevention and fight against the sale, trafficking and commercial sexual exploitation of children has been created. It also notes the Government’s indication that proposals of cooperation with the Governments of Brazil and Uruguay on the elimination of the sale and trafficking and commercial sexual exploitation of children are being carried out. The Committee finally notes that, according to the information available at the Office, in 2007 the Bi-national Forum between the Bolivarian Republic of Venezuela and Brazil on trafficking of persons was carried out with the objective of exchanging information and cases of good practice on the subject. In this framework, the two governments committed to develop actions against the crime of trafficking of persons, especially in the border areas, and to sign a bilateral agreement against trafficking of persons. Furthermore, in January 2007, the forum “Latin American experiences in assisting victims of trafficking of persons” was carried out, in which the Governments of the Bolivarian Republic of Venezuela, Colombia, Ecuador, Panama and Peru participated. The Committee requests the Government to continue to take measures to cooperate with countries with which it shares frontiers in order to eliminate the trafficking and commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that, in its conclusions on the Government’s second periodic report of October 2007, the CRC regretted the lack of information and data on the sexual exploitation and sale of children. It further noted that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), the CEDAW requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, on the causes and extent of prostitution, as well as the trafficking of women and girls, with information disaggregated by age and geographical area, and to provide details of the results achieved. The Committee requested the Government to take the necessary measures to conduct a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age.

The Committee notes the Government’s information that it will take the necessary measures in this regard and provide the relative information. It also notes the Government’s information that, in the framework of the annual work plan of the National Statistical Office in collaboration with UNICEF, and in the context of the implementation of the PANAESC, various activities were carried out to ensure the visibility of children and adolescents within national statistics. Moreover, a central national system is planned for reporting the violations of the rights of children and adolescents. The Committee hopes that the Government will carry out in the very near future a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age, and requests it to provide information on its results, once undertaken. Noting the measures taken by the Government to ensure the visibility of children and adolescents within national statistics and to improve the system for reporting the violations of their rights, the Committee also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, including updated statistics on the number of children under 18 years involved in trafficking and commercial sexual exploitation, as well as information on the number of infringements reported regarding the violation of the provisions giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that section 4 of the Act on conscription and military recruitment provides that the military age is the period between 18 and 50 years during which Venezuelan nationals have military obligations. It also notes that section 71 of this Act provides that pre-military instruction is compulsory for students in the last two years of secondary education and their equivalent in educational groups, whether official or private. Accordingly, as the age of completion of schooling is 14 years for primary school and 17 years for secondary school (the Government’s second periodic report to the Committee on the Rights of the Child in December 2006, CRC/C/VEN/2, paragraph 86), students who are subject to pre‑military instruction are aged between 15 and 17 years. The Committee requests the Government to provide information on pre-military instruction with an indication of whether, in the context of such instruction, these students may be required or permitted to participate in armed conflict.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes the information provided by the Government according to which the National Institute for Prevention and Occupational Safety and Health (INPSASEL) has completed a study on the classification of hazardous types of work for children and young persons and that a multidisciplinary team will carry out additional analyses with a view to establishing, on a scientific basis and through experimentation, what really has to be understood by hazardous work. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which indicates that in identifying hazardous types of work, consideration should be given, among other things, to the types of work enumerated in the Recommendation. It trusts that when determining these types of work, the Government will take into consideration the activities enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide the list of hazardous types of work when it has been determined. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations for the determination of these types of work.

Article 5. Monitoring mechanism. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including through the provision of extracts from reports and documents.

Article 6. Programmes of action. 1. ILO/IPEC projects. The Committee notes that, according to the information available to the Office, the Bolivarian Republic of Venezuela is collaborating with ILO/IPEC and has implemented projects to eliminate child labour, including its worst forms. In this respect, it notes the programme for the strengthening of the trade union organizations for the prevention and elimination of the worst forms of child labour. The Committee requests the Government to provide information on the results achieved in the context of the implementation of ILO/IPEC projects in terms of the elimination of the worst forms of child labour.

2. Programme for the protection of girls, boys and young persons who work. The Committee notes the information provided by the Government according to which it has implemented a programme for the protection of boys, girls and young persons who work (PRONAT) so as to improve the protection of their health and personal and social development. This programme targets working children and young persons in the formal and informal sectors and, with a view to guaranteeing their rights in full, envisages the adoption of various policies and plans of action. The Committee requests the Government to provide information on the policies and plans of action for the elimination of the worst forms of child labour adopted in the context of the implementation of the PRONAT and the results achieved. It also requests the Government to provide a copy of the PRONAT.

Article 7, paragraph 1. Sanctions. In its second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), the Government indicates that child pornography is a serious and complex problem facing the country. The Committee notes that section 237 of the Basic Act on the protection of children and young persons of 1998 provides that any person who produces or directs a theatrical, television or cinematographic performance involving a child or young person in a pornographic scene shall be punished by a fine equivalent to between ten and 50 months’ income. The Committee notes that section 24 of the Special Act on information technology crimes penalizes the use of a child or young person for the purposes of exhibition or pornography. It further notes that under section 14 of the Basic Act to combat organized crime any person who exploits the pornography industry or trade to reproduce obscene or offensive materials with a view to divulging them to the general public shall be liable to a sentence of imprisonment of between two and six years. The Committee requests the Government to provide information on the effect given to these provisions in practice, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and the penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, according to UNESCO data, 92 per cent of girls and 91 per cent of boys attend primary school, compared with only 67 per cent of girls and 59 per cent of boys for secondary school. It notes that, in its concluding observations on the Government’s second periodic report in October 2007 (CRC/C/VEN/CO/2, paragraphs 66 and 67), the Committee on the Rights of the Child welcomes the fact that children’s education is a top priority of the Government and that progress has been achieved, particularly with regard to enrolment rates and school attendance by disadvantaged children. However, the Committee on the Rights of the Child expressed concern at the low enrolment rates of indigenous and Afro-Venezuelan children, and children living in rural areas, as well as the high drop-out rate.

The Committee notes that, according to UNICEF information, the implementation of social programmes (known as misiones) has become a Government priority, particularly in the field of education. It also notes that UNICEF is supporting local and national initiatives in the field of pre-school education and intercultural and bilingual education for indigenous populations. Despite the Government’s efforts, the Committee of Experts is concerned at the low school attendance rates at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the operation of the education system, particularly by improving the school enrolment rate and reducing the drop-out rate, with a special reference to the children of indigenous peoples, Afro-Venezuelan children and children in rural areas. It requests the Government to provide information on the results achieved.

Clause (d). Children at special risk. 1. Street children. The Committee notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraphs 187, 255 and 256, footnote 48), street children are one of the most serious problems in the country. There are reported to be over 9,000 children engaged in begging in the country. According to the Government, this figure is an estimate as no study has been conducted covering all urban centres, capitals and cities. The Committee notes that a pilot plan of action for full support for street children and young persons has been adopted and implemented in the municipality of Libertador. It further notes that, in the context of this plan, over 28 street educators have been trained, contacts have been established with street girls, boys and young persons and measures have been taken to assist a number of them. Moreover, steps have been taken for the construction of infrastructure for street children. In its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 72 and 73), the Committee on the Rights of the Child expressed concern at the inadequate living conditions of these children. The Committee on the Rights of the Child recommended the Government to extend the pilot plan of action throughout the country to prevent and address the problems of these children.

The Committee expresses concern at the situation of street children and reminds the Government that they are particularly exposed to the worst forms of child labour. It encourages the Government to redouble its efforts to protect street children from these forms of child labour. The Committee requests the Government to provide information on the measures adopted in this respect in the context of the implementation of the pilot plan of action, and on the measures adopted for the rehabilitation and social integration of these children.

2. Indigenous and Afro-Venezuelan children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2007 (CRC/C/VEN/CO/2, paragraphs 78–81), while noting the establishment of a new ministry to deal with indigenous issues, expressed concern that, despite the efforts made by the Government, the situation has not improved sufficiently in the area of the protection of indigenous peoples. It also expressed concern that girls are at higher risk of sexual exploitation and that they tend not to report complaints. The Committee on the Rights of the Child also noted that there are discriminatory practices against Afro-Venezuelans. It recommended the Government to strengthen its efforts to improve living conditions in the areas inhabited by indigenous peoples and to take measures to respond to the problems of Afro-Venezuelan persons. Noting that children of indigenous peoples or belonging to minorities, such as Afro-Venezuelans, are often victims of exploitation, which takes on very diverse forms, and that they are a population at risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children, particularly through the adoption of measures to reduce their vulnerability. It requests the Government to provide information in this respect.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children and child prostitution, and as the Worst Forms of Child Labour Convention, 1999 (No. 182), addresses these worst forms of child labour, the Committee considers that they may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for prostitution. In its comments under Convention No. 29, the Committee noted the observations made by the International Trade Union Confederation (ITUC) in which it referred to the “widely reported” trafficking of women and children for prostitution. It also noted the convergent information from United Nations institutions. In particular, it noted that in May 2001 the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the Government’s second periodic report, expressed serious concern at the spread of child prostitution and the trafficking of children and the incapacity of the State party to resolve these problems (E/C.12/1/Add.56, paragraph 16).

The Committee notes that the national legislation contains various provisions penalizing the sale and trafficking of children under 18 years of age or their use, procuring or offering for prostitution. With regard to sale and trafficking, it notes that section 266 of the Basic Act on the protection of children and young persons provides that any person who facilitates acts intended to cause a child or young person to journey beyond the frontiers without complying with the legal formalities with a view to profit, participates in such acts or benefits therefrom, shall be liable to a sentence of imprisonment of between two and six years. Furthermore, section 231 of the Act  provides that the unlawful transport of the child or the young person, within or outside the country, shall be punished by a fine according to the gravity of the offence. Under the terms of section 16(11) of the Basic Act to combat organized crime, the trafficking of persons, including migrants, constitutes an offence of organized delinquency. With regard to the use, procuring or offering of a child or young person for prostitution, the Committee notes that section 258 of the Basic Act on the protection of children and young persons provides that any person who incites a child or young person to engage in sexual activity, organizes such activity or draws earnings therefrom shall be convicted to a sentence of imprisonment of from three to six years. It further notes that the Penal Code contains provisions, especially in sections 288, 289 and 290, penalizing incitement to prostitution.

The Committee notes that, in its concluding observations on the Government’s combined fourth, fifth and sixth periodic reports of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women expressed concern about the lack of information on the causes and extent of prostitution, as well as the trafficking of women and girls, in particular the incidence of these phenomena in border areas. The Committee on the Elimination of Discrimination against Women, while noting the preventive efforts in place aimed at addressing the root causes of prostitution, expressed concern that insufficient steps have been taken to curtail the exploitation of prostitution and to discourage demand. It urged the Government to take all appropriate measures for this purpose. The Committee of Experts further notes that, according to the information contained in the Government’s second periodic report to the Committee on the Rights of the Child in December 2006 (CRC/C/VEN/2, paragraph 187), child prostitution is one of the most serious problems confronting the country.

The Committee notes that the convergence of information demonstrates the existence of the trafficking of children under 18 years of age and their use, procuring or offering for commercial sexual exploitation and expresses concern at the situation of these children. It requests the Government to take the necessary measures to ensure in practice the protection of children under 18 years of age against sale and trafficking for sexual exploitation, and specifically for prostitution. The Committee also requests the Government to provide information on the effect given in practice to the provisions of the national legislation, including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

Article 5. Monitoring mechanisms. As Article 3(a) and (b) of the Convention relate to offences of a criminal nature, the Committee requests the Government to indicate whether monitoring mechanisms in addition to the general labour and social security inspectorate have been established to monitor the implementation of these provisions of the Convention.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children from these worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that the Government has adopted a National Plan of Action against Abuse and Commercial Sexual Exploitation (PANAESC), the objectives of which include the prevention and protection of children under 18 years of age from sexual exploitation and their rehabilitation. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraphs 27 and 28), the Committee on the Elimination of Discrimination against Women, while noting the socio-economic and preventive measures in place to address the root causes of prostitution, expressed concern that insufficient steps have been taken for rehabilitation. The Committee on the Elimination of Discrimination against Women urged the Government to take all appropriate measures, including the adoption and implementation of a comprehensive plan to suppress the exploitation of prostitution through, inter alia, the strengthening of prevention measures and by taking measures to rehabilitate victims of exploitation.

The Committee hopes that the Government will take the necessary measures to give effect to the recommendations of the Committee on the Elimination of Discrimination against Women. It requests the Government to provide information on the results achieved in the context of the implementation of PANAESC with a view to: (a) preventing children under 18 years of age from becoming victims of sale and trafficking or their use, procuring or offering for prostitution; and (b) providing the necessary and appropriate and direct assistance for the removal of children from these worst forms of child labour and for their rehabilitation and social integration. In this respect, it would be grateful if the Government would indicate whether reception centres for child victims of trafficking have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking.

Article 8. International cooperation. The Committee notes that the Bolivarian Republic of Venezuela is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee is of the view that international cooperation between law enforcement agencies, and particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, including the sale and trafficking of children for this purpose, through the collection and exchange of information, and through assistance to detect and prosecute the individuals involved and to repatriate victims. The Committee requests the Government to take measures to cooperate with countries with which it shares frontiers, thereby strengthening security measures so as to bring an end to this worst form of child labour. It requests the Government to provide information on this subject.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, in its conclusions on the Government’s second periodic report of October 2007, the Committee on the Rights of the Child regretted the lack of information and data on the sexual exploitation and sale of children. It further notes that, in its concluding observations of January 2006 (CEDAW/C/VEN/CO/6, paragraph 28), the Committee on the Elimination of Discrimination against Women requested the Government to include in its next periodic report a comprehensive assessment, based on appropriate studies, on the causes and extent of prostitution, as well as the trafficking of women and girls, with information disaggregated by age and geographical area, and to provide details of the results achieved. In view of the convergence of information demonstrating the existence of the sale and trafficking of children under 18 years of age and their exploitation for prostitution, and particularly the lack of information on these worst forms of child labour, the Committee requests the Government to take the necessary measures to conduct a global evaluation of the causes and extent of the trafficking and prostitution of children under 18 years of age. It requests the Government to provide information in this respect.

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