Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Jordanie (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 3(a) of the Human Trafficking Act prohibits leading, transferring, sheltering or receiving any person under the age of 18 years of age for their exploitation, even if that exploitation is not accompanied by the threat of force, or its use, deception, misuse of power or the exploitation of a state of weakness. Section 3(b) specifies that exploitation includes prostitution or any form of sexual exploitation.

The Committee notes the Government’s information that according to section 3 of the Human Trafficking Act, a person, male or female, is considered to be a victim of human trafficking if the act, and end as indicated in this section, are met. It also notes the Government’s indication that “sexual exploitation” as referred to in section 3 of the Human Trafficking Act covers the production of pornography or pornographic performances. Accordingly, the use of a child for the purpose of the production of pornography or pornographic performances is considered to be a human trafficking crime for the purpose of sexual exploitation. The Committee requests the Government to provide information on any prosecutions and convictions made under section 3 of the Human Trafficking Act with regard to the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the National Framework to Combat Child Labour (NFCL) 2011–16 has now been extended to all parts of the country in collaboration with ILO. It notes from the Government’s report that several awareness-raising programmes on legislation and risks of child labour, as well as specialized trainings to labour inspectors and officers from the Ministries of Social Development and Education, were organized within the NFCL. The Committee requests the Government to continue providing information on the implementation of the National Framework to Combat Child Labour, and the results achieved in terms of the number of children withdrawn and prevented from the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education (MoE) along with charities, cooperative and civil society organizations are participating in the “Combating Child Labour through Education” project, in order to promote non formal education among the school dropouts. According to the Government’s report, more than 1,628 educational instructors are involved in monitoring students at schools in Jordan. A training manual for educational instructors on how to handle child labour issues has also been established. The Government report further indicates that in order to address the issues related to school dropouts, a follow-up mechanism with the Registrar of the school has been initiated to ensure their return to school along with the parent’s written commitment to return them to school. Moreover, the MoE in collaboration with the Greater Amman Secretariat made it obligatory on supervisors of public parks to not to authorize children to visit parks during school hours.

In this regard, the Committee notes from the Government’s report that the net enrolment rate for the school year 2013–14 in primary education was 98 per cent, while in secondary education the enrolment rate was 74 per cent. The Committee encourages the Government to pursue its efforts to facilitate access to education and the return to school of children who have dropped out, including through informal education. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved.

Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that significant measures are under way to ensure special shelter homes for victims and potential victims of trafficking. According to the Government’s report, in 2013, 58 victims of trafficking and in 2014, 122 victims of trafficking were sheltered in the temporary shelter namely the House of Federation of Jordanian Women and the Family Reconciliation house. The Committee, however, notes that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2014 expressed concern that child victims of trafficking might be placed in detention centres owing to a lack of available shelters. The CRC also expressed concern that Jordan remained a destination and transit country for children subjected to forced labour and sex trafficking and that the protection provided for victims of trafficking was insufficient with most victims being referred to shelter services run by non-governmental organizations (CRC/C/JOR/CO/4-5, paragraph 61). The Committee requests the Government to take effective and time bound measures for the prevention, removal and rehabilitation of child victims of trafficking. It requests the Government to indicate whether special shelter homes for victims of trafficking have been established in the country, with an indication of the number of child victims of trafficking who have been received and rehabilitated in such shelters.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Development (MoSD) offers several programmes to address the issues related to street children and child beggars, such as: regularly organizing anti-begging campaigns; promoting societal awareness of the causes and impact of begging and means of prevention; and offering shelter and educational services to children found on streets. The Committee also notes from the ILO Report of the rapid assessment on: Child Labour in the Urban Informal Sector in three governorates of Jordan, 2014 (rapid assessment report) that the identification of child beggars and children in street vending falls under the remit of the MoSD. The report also indicates that the MoSD runs juvenile centres specifically for child beggars and children on the streets, such as Al Fayha in Madaba. In this regard, the Committee notes that the CRC, in its concluding observations, while expressing its regret at the limited information available on the phenomenon and situation of children working on the street, expressed concern that there is still no clear strategy in place to rehabilitate and respond to the needs of street children (CRC/C/JOR/CO/4-5, paragraph 59). The Committee further notes that according to the rapid assessment report, most of the children surveyed in the three governorates were mainly found to be working on the street selling food and drinks. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its measures to ensure that these children are protected from these worst forms. It requests the Government to provide information on the concrete measures taken to provide for the rehabilitation and social integration of street children, as well as the number of children who have benefited from such measures.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that a specialized body has been established to follow up on perpetrators of crimes related to trafficking in persons and their referral to the courts. According to the Government’s report, 27 cases of trafficking of persons were detected in 2013, including a case of sexual exploitation of a Syrian girl. In 2014, 58 victims of trafficking of persons were detected and referred to the courts, of which two of the cases were related to trafficking for sexual exploitation involving 12 girls and a boy. The Committee also notes from the Government’s report that it is preparing to conduct a national survey within the NFCL. The Committee expresses the hope that the national survey will be conducted in the near future and its results will be made available, particularly on the prevalence of the worst forms of child labour, including trafficking, commercial sexual exploitation, use of children in illicit activities and hazardous work. It also requests the Government to continue providing information on the number of children covered by the measures giving effect to the Convention, the number and nature of violations detected, investigation, prosecutions, convictions and sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.