Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Cuba (Ratificación : 2015)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Penalties. Sale and trafficking of children. The Committee notes the information provided by the Government in its report concerning the adoption of Act No. 151 of 15 May 2022 amending the Penal Code.

The Committee notes that sections 363 and 365 of the Penal Code, as amended by Act No. 151, define trafficking in persons and children, including means such as threats, coercion, violence, deception or abuse of vulnerability, and purposes such as sexual exploitation, labour exploitation, forced labour, slavery and servitude. The Committee notes with satisfaction that, under section 363.2(b), this crime is punishable by ten to 30 years’ imprisonment, which may be increased to life imprisonment when the victim is under 18 years of age.

The Committee notes the information provided by the Government in the 2023 National Report of Cuba on the prevention and combating of trafficking in persons and the protection of victims (2023 National Report). The Committee notes that, according to this report, in 2023 a total of 14 cases involving trafficking offences were the subject of court proceedings, in which 14 victims, all girls under the age of 18 years, were identified, and criminal penalties of between three- and 20-years’ imprisonment were imposed on the 19 perpetrators. The Committee requests the Government to continue providing information on the application in practice of sections 363 and 365 of the Penal Code, including information on the number of investigations, prosecutions and criminal penalties imposed.

Clause (b). Use, procuring or offering of children for prostitution or pornography. Further to its previous comments, the Committee notes with satisfaction the provisions of the Penal Code, as amended by Act No. 151, which prohibit and punish the use, recruitment or offering of minors under the age of 18 for the purposes of prostitution, production of pornography or participation in pornographic acts. The Committee observes, from the Penal Code: (1) that section 364 punishes procuring with penalties up to life imprisonment when the crime is committed in the context of transnational organized crime; and (2) that section 402 provides for penalties of seven to 15 years of imprisonment for the use of minors in prostitution or pornographic acts, which may be increased to life imprisonment if the victim is under 12 years of age. It also establishes penalties of three to eight years for inducing a minor to attend places of corruption, and four to ten years for facilitating their transfer for similar purposes. The Committee requests the Government to provide information on the application in practice of sections 364 and 402 of the Penal Code, including statistics on the number and nature of offences recorded, as well as on investigations, prosecutions, convictions and penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes with satisfaction that section 235 of the Penal Code, as amended by Act No. 151, imposes penalties including imprisonment of ten to 30 years or life imprisonment on any person who uses minors under 18 years of age for the production and trafficking of illicit drugs or substances with similar effects. The Committee requests the Government to provide information on the application in practice of section 235 of the Penal Code, including data on the number and nature of offences observed, investigations, prosecutions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and sexual exploitation of children. The Committee notes that, according to the 2023 National Report, the Attorney-General’s Office of Cuba provided care and support to the persons identified as victims of trafficking mentioned in the 2022 National Report (five girls and one woman). The Committee further notes that the 2023 National Report refers to the impact in Cuba of foreigners who interact with young persons engaging in prostitution in exchange for money, as well as the promotion and sale of sexual content online.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2024, expressed concern about the insufficient efforts to prevent the exploitation of prostitution of women and girls in tourist areas (CEDAW/C/CUB/CO/9, para. 29(d)). The Committee requests the Government to take the necessary steps to prevent the trafficking and commercial sexual exploitation of children, particularly in tourist areas, and to provide the appropriate direct assistance to child victims to ensure their rehabilitation and social integration. In this regard, the Committee requests the Government to provide information on the results achieved, in terms of the number of children who have been identified, rescued, rehabilitated and socially integrated.

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