Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Venezuela (République bolivarienne du) (Ratification: 2005)

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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.