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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Ecuador (ratification: 2000) Published: 2011 The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows: Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statistical information from the National Institute of Statistics and Census (INEC) of 2005, to the effect that the number of child workers between 5 and 17 years of age in the country was decreasing. It also noted the Government’s statement that the child labour inspection and monitoring service had been reinforced since 2004. The Committee also noted that Ecuador had implemented a Time-bound Programme (TBP) in order to eliminate the worst forms of child labour, particularly the work of children in the banana and flower industries. The Committee noted with interest the detailed information sent by the Government concerning the results achieved further to the implementation of the TBP, which ended in June 2008. A total of 7,406 children were beneficiaries of the TBP. Of these, 5,250 children were prevented from becoming involved in one of the worst forms of child labour covered by the TBP and received educational services, and 2,156 children were removed from their work and were also provided with educational services. The Committee noted the detailed information provided by the Government on the measures taken to implement other programmes of action, such as the “Being” project and the “Pro-child” programme, for abolishing child labour and the worst forms thereof. Moreover, it noted the Government’s indication that a review of the “National Plan for the prevention and elimination of child labour” is in progress. The Committee also noted the detailed information provided by the Government on the results of the second national survey of child labour carried out by the INEC in 2006. According to this survey, 580,888 children and young persons were employed in forms of child labour to be abolished under the terms of the Convention. Of these, 164,551 were children between 5 and 11 years of age, 202,585 were adolescents between 12 and 14 years of age, and 213,752 were young persons engaged in hazardous work between 15 and 17 years of age. The Committee noted that, according to the national survey of child labour for 2006, child labour has decreased by 3 per cent in comparison with 2001. The Committee also noted that, according to ILO–IPEC information, the Government has adopted various public policies, including the “Social agenda for children and young persons”, the “Ten-year National Plan for the full protection of children and young persons” and the “National Development Plan”. In the context of these public policies concerning children, measures will be taken to combat child labour. The Committee also noted that the Government is participating in the ILO–IPEC project on the “Elimination of child labour in Latin America (third phase, South America)”. While duly noting the measures taken by the Government to combat child labour, the Committee again noted that, according to the abovementioned statistics, the practice observed is still in contradiction with the legislation and the Convention. Article 2(2) and (5). Raising the minimum age for admission to employment or labour to 15 years. The Committee noted the Government’s statement that Act No. 2006-39 raised the minimum age for admission to employment or work from 14 to 15 years, thereby aligning the provisions of section 134(1) of the Labour Code with those of section 82(1) of the Children and Young Persons Code of 2003. It requested the Government to consider the possibility of sending the ILO Director-General a new declaration stating that Ecuador had raised the previously specified minimum age, in accordance with Article 2(2) of the Convention. The Government indicated that it will recommend that the Ministry of Labour and Employment notify the Director-General that the minimum age for admission to employment or work has been raised from 14 to 15 years. Article 2(3). Age of completion of compulsory schooling. The Committee noted that, according to UNICEF statistics for 2006, the net primary school enrolment rate was 98 per cent for girls and 97 per cent for boys and the figures for secondary schools were 53 per cent for girls and 52 per cent for boys. The Committee duly notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled “Education for All by 2015: Will we make it?”, Ecuador has achieved the objective of universal primary education for all and that of gender parity in both primary and secondary education. The Committee duly notes the net primary school enrolment rate. However, it expresses its concern with regard to the low net secondary school enrolment rate. It observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, it hampers the development of the child. Article 3(2). Determination of hazardous work. With reference to its previous comments, the Committee noted with satisfaction Resolution No. 016 CNNA-2008 of 8 May 2008, adopting regulations on hazardous work which is prohibited for young persons who are legally entitled to work in employment or on a self-employed basis. This resolution was adopted in consultation with the employers’ and workers’ organizations, and also with various other parties concerned with the problem of child labour. The Committee noted in particular that section 5 of these Regulations contains a very detailed list of types of work prohibited for young persons between 15 and 18 years of age. It also noted that section 6 of the Regulations fixes at 18 years of age the minimum age for admission to employment for young domestic workers who live in the homes of their employers. The Committee further noted the Government’s statement that agreements concerning the types of work prohibited for young persons between 15 and 18 years of age in the banana and flower industries have been concluded. Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that Regulations issued under the Children and Young Persons Code will lay down the conditions of employment for children and young persons engaged in artistic activities or performances. The Committee noted the Government’s information to the effect that the Regulations implementing the Children and Young Persons Code are in the process of being validated. The Committee reminded the Government that, under Article 8(1) of the Convention, the competent authority may waive the minimum age of 14 years specified by Ecuador for admission to employment or work and, after consultation of the employers’ and workers’ organizations concerned, may grant permission in individual cases for purposes such as participation in artistic performances. It also reminded the Government that according to Article 8(2) the permits so granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. ========================================================================================== CEACR: Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Ecuador (ratification: 2000) Published: 2011 The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows: Article 3(a) and (b) of the Convention and Part III of the report form. Sale and trafficking of children for commercial sexual exploitation, the use of children for prostitution and court decisions. In its previous comments, the Committee noted that, according to ILO–IPEC statistics, over 5,200 children were victims of commercial sexual exploitation or trafficking for this purpose in Ecuador. It also noted the adoption of Act No. 25-447 of 23 June 2005, reforming the Penal Code, which categorizes crimes involving the sexual exploitation of young persons under 18 years of age and establishes heavy penalties for persons found guilty of having committed a crime established under this Act. The Committee noted that, according to a 2007 report on the worst forms of child labour in Ecuador, available on the UNHCR website (www.unhcr.org), Colombian girls are trafficked to Ecuador for commercial sexual exploitation, and Ecuadorian children are trafficked to neighbouring countries and Spain. According to this report, it would seem that most children are trafficked within the country to urban centres, particularly for prostitution. The Committee also noted that the Committee on the Protection of the Right of Workers and their Migrant Families, in its final observations on Ecuador’s initial report on December 2007 (CMW/C/ECU/CO/1, paragraph 32), while recognizing the efforts undertaken by the National Council for Children and Young Persons against the commercial sexual exploitation of children and trafficking for this purpose, was nevertheless concerned at the involvement of migrant children in prostitution, especially in the Lago Agrio region, and at the fact that there still seemed to be a sort of social acceptance of this criminal behaviour against children in Ecuadorian society. The Committee noted the information provided by the Government on the denunciations received by the National Police Unit specialized in the welfare of boys, girls and young persons (DINAPEN) concerning the commercial sexual exploitation of children. It noted that, between 2006 and June 2008, there had been a total of 184 denunciations, of which 153 concerned prostitution, including trafficking, 24 child pornography and eight sexual tourism. The Committee took note of the Government’s statement that, since 2005, 14 persons have been sentenced for the exploitation of children under 18 years of age for sexual purposes in the cities of Machala and Quito. In Quito, five sentences were handed down for the trafficking of children for sexual exploitation and one for the procuring of children, while in Machala, five sentences were handed down for trafficking for sexual exploitation, two for procuring and two for pornography. The penalties applied ranged from between three and five years’ imprisonment. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these forms of labour and ensuring their rehabilitation and social integration. Commercial sexual exploitation of children and the trafficking of children for this purpose. In its previous comments, the Committee noted that, in the context of the Time-bound Programme (TBP), programmes of action were to be implemented to combat the commercial sexual exploitation of children and the trafficking of children for this purpose. In this respect, the Committee noted, with interest, the detailed information provided by the Government on the results obtained following the implementation of the TBP, which ended in June 2008. It noted, more particularly, that a total of 1,174 children who were victims of commercial sexual exploitation or trafficking for this purpose benefited from the TBP. Out of this number, 1,037 children, of which 692 were girls and 345 boys, were prevented from being engaged in these worst forms of child labour, and 137 children, of which 135 were girls and two boys, were removed from these worst forms of child labour. The Committee further noted that, according to the Government, the children who benefited from the TBP also received assistance in re-entering the formal or informal education system, or received vocational training. What is more, temporary accommodation and social and legal assistance were provided to the children who had been removed from these worst forms of child labour. Finally, assistance, especially in the form of grants, were offered to the families of children benefiting from the TBP. The Committee took due note of the Government’s indication that it has adopted a national plan to combat the trafficking of persons, the illicit traffic of migrants, sexual exploitation, economic and other forms of exploitation, the prostitution of women, boys, girls and young persons, child pornography and the corruption of minors (National Plan to combat the trafficking of persons and commercial sexual exploitation). The Committee also noted that, in the districts of Cuenca and Machala, plans to combat the commercial sexual exploitation of children and trafficking of children for this purpose have also been drawn up. Furthermore, according to the ILO–IPEC final report on the TBP of June 2008, the National Programme of protection for children and young people who are victims of commercial sexual exploitation or trafficking for this purpose is still in operation in the cities of Quito and Machala and will also be implemented in the region of Lago Agrio. Article 8. International cooperation and assistance. Commercial sexual exploitation of children and trafficking of children for this purpose. In its previous comments, the Committee expressed the hope that, in the context of the implementation of the TBP, the Government would take measures to cooperate with neighbouring countries, particularly through the reinforcement of security measures on common borders. In this respect, the Committee took due note of the information provided by the Government that it participated in a meeting with Peru and Colombia to coordinate actions with a view to exchanging information on the commercial sexual exploitation of children and the trafficking of children for this purpose. Agreements had been reached on an exchange of information between the police and judicial services. =========================================================================================== CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Ecuador (ratification: 2000) Published: 2011 The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows: Article 3 of the Convention. Clause (c). Worst forms of child labour. Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, under section 78 of the Children and Young Persons Code of 2003, boys, girls and young persons have the right to be protected from participation in the production, marketing and advertising of the following substances and objects: alcoholic beverages, tobacco, narcotics and psychotropic substances, weapons, explosives and substances that endanger life and physical integrity. The Committee pointed out that section 78 of the Code lays down a right, not a prohibition. In reply, the Government indicated that this matter would be considered when drafting the regulations issued under the Children and Young Persons Code. The Committee noted the Government’s statement that these regulations were in the process of being approved. Article 6. Programmes of action. The Committee took due note of the various plans of action and public policies drawn up by the Government, including the ten-year plan for the comprehensive protection of children and young people (2004–14), the national development plan (2007–10), the social agenda for children and young people and the national action plan for the promotion of youth employment in Ecuador. Furthermore, the Committee noted that, according to the information contained in the final report of ILO–IPEC on the Time-bound Programme (TBP) for the elimination of the worst forms of child labour of June 2008, in addition to child labour in the banana and flower-growing sectors and the commercial sexual exploitation of children and trafficking for this purpose, other economic activities had become priority at the end of the TBP. Reference could, for instance, be made to children working in public refuse dumps and on the streets, and the sale and trafficking of children for begging. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these forms of child labour and providing for their rehabilitation and social integration. Child labour in the banana industry and in flower cultivation. Referring to its previous comments, the Committee noted with interest the detailed information provided by the Government on the results obtained following the implementation of the TBP, which ended in June 2008. It particularly noted that, for both these branches of economic activity, a total of 6,232 children had benefited from the TBP, of which 3,143 were girls and 3,089 were boys. In the case of child labour in the banana industry, 2,384 children were prevented from being recruited and 1,474 children were withdrawn from work. As regards child labour in the flower-growing sector, 1,829 children were prevented from being recruited and 545 children were withdrawn from their work. The Committee also took note of the information provided by the Government on the services received by the children who benefited from the TBP, including their return to the formal or informal school system, integration into occupational training and psychological assistance. Clause (d). Identifying children at particular risk and entering into contact with them. 1. Children of indigenous and Afro-descendent peoples. The Committee noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for all in 2015: Will we make it?, there are disparities in school enrolment and participation rates with respect to children of indigenous peoples. Furthermore, the Committee noted that the Committee on the Elimination of Racial Discrimination, in its final observations on the 17th, 18th and 19th reports of Ecuador in 2008 (CERD(C/ECU/CO/19, paragraph 20), while noting the introduction of a system of bilingual education in Ecuador, providing instruction to indigenous children in Spanish and in their own language, was concerned with the poor application of the intercultural bilingual system in practice. The Committee noted the information provided by the Government that it had implemented the WIÑARI project, which sets out to reintegrate the children of indigenous peoples removed from their work into the formal school system. It also noted that the ten-year plan for the comprehensive protection of children and young people (2004–14) provides that measures should be taken especially to help the children of indigenous peoples to be integrated into the educational system. Furthermore, the Committee noted that according to the findings of the second national survey on child labour carried out by the National Institute of Statistics and Censuses (INEC) in 2006, 47,444 children out of the total of 213,752 children of between 15 and 17 years of age working in hazardous occupations are the children of indigenous of Afro-descendent peoples. The Committee noted that the children of indigenous or Afro-descendent peoples are often victims of exploitation, which takes many forms, and are a population at risk of being engaged in the worst form of child labour. 2. Child domestic workers. The Committee noted that, according to the final ILO–IPEC report on the TBP of June 2008, it emerged, at the end of the TBP’s activities, that measures should be taken to prevent children working as domestic employees. It also noted that, according to the Government, a survey on children working as domestic employees was conducted in the City of Quito in 2008. The Committee observed that the children employed in domestic service, particularly small girls, are often victims of exploitation, which takes many varied forms, and that it is difficult to monitor their employment conditions because of the “clandestine nature” of this work. Parts IV and V of the report form. Application of the Convention in practice. The Committee took note of the information provided by the Government in its report submitted under Convention No. 138 on the findings of the second national survey on child labour carried out by INEC in 2006. According to the statistics in this survey, 580,888 boys, girls and young people of between 5 and 17 years of age were involved in child labour that should be abolished according to the Convention. Out of this number, 213,752 children of between 15 and 17 years of age were working in hazardous occupations.