2021 Findings on the Worst Forms of Child Labor: Chile

Moderate Advancement

In 2021, Chile made moderate advancement in efforts to eliminate the worst forms of child labor. Following Chile's ratification of the International Labor Organization's Protocol on Forced Labor, the Ministry of Labor and Social Welfare created the Ministerial Advisory Commission to strengthen Chile's efforts to address forced labor among adults and children. Civil servants, police officers, and detectives were also trained on human trafficking victim assistance, including videotaped investigative interviewing. In addition, the National Tourism Service established an interagency alliance with the Undersecretary of Labor's Department of Child Labor Eradication and Inter-Agency Task Force on Trafficking in Persons to organize workshops with business owners on awareness and prevention of child labor, commercial sexual exploitation, forced labor, and trafficking in persons in the tourism sector. However, children in Chile are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children are also subjected to involvement in the production and trafficking of drugs. Furthermore, prohibitions related to the use of children for illicit activities do not meet international standards.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Chile are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children are also subjected to involvement in the production and trafficking of drugs. (1,2) Table 1 provides key indicators on children’s work and education in Chile.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

3.8 (94,025)

Working children by sector

5 to 14

 

Agriculture

 

29.3

Industry

 

10.3

Services

 

60.4

Attending School (%)

5 to 14

99.5

Combining Work and School (%)

7 to 14

4.5

Primary Completion Rate (%)

 

98.2

Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2022. (3)
Source for all other data: International Labor Organization’s analysis of statistics from Encuesta de Actividades de Niños, Niñas y Adolescentes (Simpoc), 2012. (4)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Livestock rearing (5)

 

Forestry,† activities unknown (1,5)

 

Hunting,† activities unknown (1)

 

Fishing,† activities unknown (1,5,6)

Industry

Construction,† bricklaying,† and carpentry† (1,4,7)

Services

Domestic work (1,5,8)

 

Working in retail, hospitality, corner stores, offices, restaurants, and bars† (5-12)

 

Garbage collection,† and street cleaning (7)

 

Street work,† including street vending, and juggling (6,9)

Categorical Worst Forms of Child Labor‡

Use in illicit activities, including in the production, selling, and distribution of drugs, sometimes as a result of human trafficking (5,8,9,13,14)

 

Forced labor in agriculture, mining, construction, street vending, domestic work, and garment and hospitality sectors (13,15)

 

Commercial sexual exploitation, including in the production of pornography, sometimes as a result of human trafficking (5,13-15)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The results of the 2012 National Survey of Activities of Children and Adolescents (Encuesta de Actividades de Niños, Niñas y Adolescentes) indicate that 70.6 percent of working children ages 5 to 17 are engaged in work classified as dangerous. (1) In Chile, children, some of whom may be human trafficking victims, are used to steal or produce, sell, and transport drugs. (9,13)

Indigenous children and adolescents from Otavalo, Ecuador, are especially vulnerable to human trafficking for labor exploitation in Chile. (10) In Coquimbo, children sell products in street markets and work as jugglers. (6) Children are also involved in street work, including selling handicrafts, clothes, or other goods. (9) While education is compulsory through secondary school, some educational barriers do exist in Chile, including the lack of transportation to schools in rural areas and discrimination in educational settings, specifically for migrant children. (5,8,16,17)

II. Legal Framework for Child Labor

Chile has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Chile’s legal framework to adequately protect children from the worst forms of child labor, including the prohibition of using children in illicit activities.

Table 4. Laws and Regulations on Child Labor

Standard

Meets
International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Article 13 of the Labor Code (18)

Minimum Age for Hazardous Work

Yes

18

Articles 13–14 and 18 of the Labor Code (18)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Articles 14–18 of the Labor Code; Article 1 of Law No. 20.539; Article 3 of Supreme Decree 2; Decree 1 (18-21)

Prohibition of Forced Labor

Yes

 

Article 19, No. 2 of the Constitution; Article 2 of the Labor Code; Article 411 of the Penal Code; Law 20.507 (18,22-24)

Prohibition of Child Trafficking

Yes

 

Article 411 of the Penal Code (23)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 366–367 and 411 of the Penal Code; Law No. 20.594; Law No. 20.526 (23,25,26)

Prohibition of Using Children in Illicit Activities

No

   

Minimum Age for Voluntary State Military Recruitment

Yes

18

Chapter 1, Article 13 of the Armed Forces Recruitment and Mobilization Law No. 2.306 (27)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Chapter 1, Article 13 of the Armed Forces Recruitment and Mobilization Law No. 2.306 (27)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 26 of Law No. 20.357 (28)

Compulsory Education Age

Yes

18‡

Articles 4, 25, and 27 of the General Education Law No. 20.370 (17)

Free Public Education

Yes

 

Article 4 of the General Education Law No. 20.370 (17)

‡ Age calculated based on available information (17)

Following Chile's January 2021 ratification of ILO Protocol on Forced Labor, in October, the Ministry of Labor and Social Welfare created through formal decree the Ministerial Advisory Commission for the Implementation of the Protocol. This public-private coordinating body is intended to strengthen Chile's efforts to address forced labor among both adults and children. (12,29) The Commission's first meeting was held in July 2021. (12) Also following the October 2020 preliminary publication of Law 21.271, the Ministry of Labor and Social Security published an official decree in May 2021 that formally amends Article 15 of the Labor Code, which determines dangerous work activities for children and adolescents. (12,21)

Prohibitions related to the use of children for illicit activities do not meet international standards because they only criminalize supplying children with drugs or inducing children to use drugs. (30,31) In addition, Chile's minimum age for work is lower than the age for compulsory education, which may encourage children to leave school before the completion of compulsory education. (17,18)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Social Welfare (MINTRAB)

Designs and implements national strategies on child labor and generates awareness on child labor and commercial sexual exploitation of children. (8) Enforces child labor laws, coordinating with the Better Childhood Service and the Department of Child Labor Eradication. (2) As of 2021, the Undersecretary of Labor within MINTRAB chairs the Ministerial Advisory Commission for the Implementation of the Protocol (ILO C029) on forced labor. The Commission is made up of actors whose knowledge and experience are used to advise the Undersecretary of Labor on the limitations that may hinder implementation of the protocol. (12,29)

Better Childhood Service (Mejor Niñez)

Operates under the Ministry of Social Development and Family, guaranteeing the protection of vulnerable children and adolescents, particularly those living on the streets, and victims of commercial sexual exploitation, in coordination with the Department of Child Labor Eradication. (32,33) Officially replaced the National Minor's Service (SENAME) in October 2021 as the new National Service for the Specialized Protection of Children and Adolescents ("Better Childhood Service"). (15) Also coordinates with Local Offices of Childhood (Oficinas Locales de la Niñez), referring cases of children whose rights have been violated to appropriate social services and monitor cases of the worst forms of child labor. These offices are located in municipalities throughout the country and are part of the larger social protection network overseen by Better Childhood Service. (32,34)

National Investigations Police (PDI)

Investigate and prevent the worst forms of child labor by conducting community outreach activities, including trainings and information sessions. (35) Operate under the Ministry of the Interior. (10) Within PDI, the Brigade to Investigate Trafficking in Persons investigates the trafficking of children, modern slavery, and organized crime. (35,36) The Sexual Assault Victim Care Center provides support to child victims of commercial sexual exploitation. (35)

National Uniformed Police (Carabineros)

Investigate, prevent, and detect crimes, including child labor violations, by conducting community policing and specialized investigations. Under the Directorate for Family Protection, provide specialized orientation on policies and operating plans for detection and prevention of domestic violence and child abuse, including the commercial sexual exploitation of children. (37) Operate under the Ministry of the Interior. (10) Receive referrals on the worst forms of child labor from the National Labor Directorate, which houses the Undersecretary of Labor. (5)

National Prosecutor’s Office (Fiscalía Nacional)

Conducts criminal investigations and prosecutes crimes related to the worst forms of child labor. Trains and coordinates with interagency partners, including PDI, Carabineros, and regional and local prosecutor’s offices. (5,33,38,39)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Chile took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Social Welfare that may hinder adequate labor law enforcement, including insufficient human resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2020

2021

Labor Inspectorate Funding

$108,695 (8)

$74,000,000 (33)

Number of Labor Inspectors

467 (8)

467 (33)

Mechanism to Assess Civil Penalties

Yes (18)

Yes (18)

Initial Training for New Labor Inspectors

N/A (8)

Yes (12)

Training on New Laws Related to Child Labor

N/A (8)

N/A (12)

Refresher Courses Provided

Yes (8)

Yes (12)

Number of Labor Inspections Conducted

66,989 (8)

78,050† (33)

Number Conducted at Worksites

Unknown (8)

Unknown

Number of Child Labor Violations Found

66 (8)

218 (33)

Number of Child Labor Violations for Which Penalties Were Imposed

66 (8)

218 (33)

Number of Child Labor Penalties Imposed that Were Collected

66 (8)

218 (33)

Routine Inspections Conducted

Yes (8)

Yes (12)

Routine Inspections Targeted

Yes (8)

Yes (12)

Unannounced Inspections Permitted

Yes (8)

Yes (12)

Unannounced Inspections Conducted

Yes (8)

Yes (12)

Complaint Mechanism Exists

Yes (8)

Yes (12)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (8)

Yes (12)

†January 1, 2021 - January 31, 2022

In 2021, labor inspectors received training on child labor and adolescent work, including modifications made to the Labor Code. Facilitators of this training included the ILO and the Department of Child Labor Eradication of the Undersecretary of Labor. (33)

However, the number of vehicles available to labor inspectors is insufficient, especially in areas where there is a great distance between regional offices and employers. (7) Although the number of labor inspectors is unknown, it is likely insufficient for the size of Chile's workforce, which includes approximately 8.6 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Chile would need about 579 inspectors. (40,41)

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Chile took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient penalties for promoting or facilitating the commercial sexual exploitation of children.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2020

2021

Initial Training for New Criminal Investigators

Yes (8)

Yes (12)

Training on New Laws Related to the Worst Forms of Child Labor

N/A (8)

N/A (12)

Refresher Courses Provided

Yes (8)

Yes (12)

Number of Investigations

Unknown

Unknown

Number of Violations Found

Unknown

Unknown

Number of Prosecutions Initiated

18* (42)

Unknown

Number of Convictions

10 (42)

Unknown

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Yes (42)

Unknown

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (8)

Yes (12)

* The National Prosecutor's database does not differentiate between investigations and prosecutions. (42)

In November 2021, 200 civil servants from the departments of health, education, labor, women's assistance, child protective services, and the police attended a webinar training entitled "Chile-Ecuador on Prevention, Investigation, and Best Victims' Assistance Practices on Trafficking in Persons" organized by the Interagency Task Force on Trafficking in Persons (MITP). (15) The MITP also organized a refresher training on human trafficking and migrant smuggling for 40 police officers of the organized crime division of the National Uniformed Police (Carabineros) in December. In that same month, 26 detectives of the National Investigations Police completed a month-long specialized training program on videotaped investigative interviewing. (15)

Despite these efforts, judges frequently suspend or commute sentences of individuals convicted of commercial sexual exploitation of children. (5,13) In addition, the penalties for promoting or facilitating the commercial sexual exploitation of children, ranging from 3 to 20 years' imprisonment, are not commensurate with those for other serious crimes, such as rape. (42) Moreover, there is a lack of adequate shelters for child victims of trafficking in persons. (15) In addition, the government did not provide information on criminal law enforcement efforts, including the number of investigations, violations, prosecutions, convictions, and penalties imposed for violations related to the worst forms of child labor.

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Department of Child Labor Eradication

Ensures Chile's compliance with international treaties that protect children and adolescents in the labor market, in both formal and informal settings, in coordination with the Better Childhood Service. Housed within the Undersecretary of Labor. (43,44) Also coordinates both the Social Observatory to Eradicate Child Labor, which conducts technical studies on child and adolescent labor issues and evaluates current policies to eliminate child labor, and the National Advisory Committee to Eradicate Child Labor. (5,45) The Department led a variety of activities in 2021, including a tripartite meeting in January to present finalized regulations on the hazardous list of activities for adolescent workers with guidelines for employers to use. (12)

National Advisory Committee to Eradicate Child Labor

Led by MINTRAB and includes representatives from the ministries of Agriculture, Education, and Justice; the National Statistics Institute; the National Tourism Service; PDI; and the Carabineros. (46) The Regional Advisory Committees for the Eradication of Child Labor are led by the Regional Secretary of Labor and replicate at the regional level the functioning of the National Advisory Committee to Eradicate Child Labor. (10) The National Advisory Committee met in May 2021, and the executive secretariat met in both March and April of 2021. Regional Committees held 27 sessions during the year in various regions of the country. (12)

Undersecretary for Children

Manages, coordinates, and supervises the development and implementation of public policies and programs aimed at protecting children and adolescents, among them the Subsystem of Integral Protection of Children, "Chile Crece Contigo" program. Located under the Ministry of Social Development and Family. (2,8,47,48) Responsible for implementing the National Childhood Policy and its respective Action Plan through coordination mechanisms for intersectoral work. (2,8,47,48) Supports dissemination, training, and awareness-raising actions aimed at promoting rights, and developing studies and research, preparing annual reports on the general state of childhood and adolescence, and collaborating with the Ministry of Foreign Affairs in the preparation of documents the government must present to the specialized bodies and committees at the UN. Also seeks to generate social, economic, and cultural conditions that allow families to adequately care for and protect children and adolescents, guaranteeing their protection and the exercise of their rights. (8) In 2021, the Undersecretariat convened the Intersectoral Technical Committee, which includes 35 ministries and agencies across the Government of Chile. (12) The committee's meeting featured a discussion on the link between child labor, migration, and the effects of the COVID-19 pandemic. (49)

Interagency Task Force on Trafficking in Persons (MITP)

Coordinates the government’s anti-human trafficking efforts. Includes three sub-committees: awareness and prevention, control and prosecution, and protection and support for victims. (36) Led by the Ministry of the Interior with support from law enforcement agencies, Ministry of Foreign Relations, Ministry of Justice, National Prosecutor’s Office, Better Childhood Service, and others. (5,50) Created regional task forces throughout the country. (5,36) The task force met nine times in 2021, including special case analysis meetings for the Victims Sub-Commission to coordinate across all institutions and NGOs that participate on the task force. (15) In January 2021, the Valparaiso Regional MITP, the Undersecretariat of Labor, and the National Tourism Service (SERNATUR) organized a webinar on "Child Labor, Trafficking in Persons and Commercial Sexual Exploitation of Children (CSEC)" for 100 government workers from the health, labor, education, women's rights, children's service sectors, and the police. (15)

The Tacna-Arica Bi-regional Roundtable

Focuses on fulfilling the commitments made at the Presidential Meeting and the Third Meeting of Ministers between Peru and Chile, held in October 2019. (8) Jointly coordinated between the Regional Ministerial Secretariat of Arica and Parinacota of Chile and the Regional Directorate of Labor and Employment Promotion of the Tacna Region of Peru. (8) MINTRAB, through the Department of Child Labor Eradication, functions as technical support to the roundtable. Set up to coordinate efforts and exchange experiences to prevent and eradicate child labor in the border area. (8) Although this coordinating body still exists, it did not take any actions during the reporting period due to difficulties coordinating between the two regions given pandemic-related border restrictions. (12)

During the reporting period, the National Tourism Service (SERNATUR) established an interagency alliance with the Labor Undersecretary's Department of Child Labor Eradication and the MITP to organize workshops with business owners on awareness and prevention of child labor, commercial sexual exploitation, forced labor, and trafficking in persons in the tourism sector. (15)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including insufficient implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Strategy for the Eradication of Child Labor and Protection of Adolescent Workers (2015–2025)

Establishes a strategy to eradicate child labor by combining efforts across national and regional agencies and private and public entities, and requiring regions to establish a strategy to address child labor issues in the area. (46) MINTRAB oversees the implementation of regional strategies, including the design and implementation of regional operating plans. (37) During the reporting period, the government carried out a total of 247 activities under this policy, both at the central level and regional level, including conferences, virtual seminars, trainings, and collaboration agreements with universities to promote regional research on child labor. (12) In support of Chile's designation as a member of ILO's "Alliance 8.7" to eradicate child labor, MINTRAB, MITP, and ILO organized a webinar, "The Role of Companies in Eradicating Child Labor and TIP," which was attended by 120 public officials and private sector representatives. (15)

National Plan of Action for Children and Adolescents (2018–2025)

Works to consolidate, monitor, and improve all public initiatives that protect the rights of children and adolescents. Created by the Undersecretary for Children. (5,51,52) Among the Plan's many objectives is the increased coordination and strengthening of the National Strategy for the Eradication of Child Labor and Protection of Adolescent Workers 2015–2025, including expanding programs that help families at risk of child labor find employment so that their children will be less likely to work. (51-53) MINTRAB participates and provides information and guidance regarding child labor. (54) Research was unable to determine whether activities were undertaken during the reporting period to implement this plan.

Third Action Plan against the Commercial Sexual Exploitation of Children and Adolescents

Creates cooperation mechanisms for private and public institutions to collaborate on preventing and detecting commercial sexual exploitation of children and providing social services and rights restitution to victims. (55,56) Under this plan, MITP held two virtual discussions on the commercial sexual exploitation of children and adolescents, child labor, and human trafficking in the context of travel and tourism in May 2021 with 300 participants. (15)

National Action Plan Against Human Trafficking (2019–2022)

Seeks to prevent and address human trafficking, with a focus on women and children. Encompasses four strategic areas: prevention and awareness raising, prosecution, victims’ assistance and protection, and inter-institutional cooperation and coordination. (57) MITP developed the Action Plan in 2019, which was approved at the working level but is awaiting approval at the ministerial level. (36,58,59) During the reporting period and under direction from this plan, the government held trainings on child labor and human trafficking for public officials from the National Tourism Service (SERNATUR) and regional directors of the National Immigration Service. (12)

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (60,61)

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including inadequate funding.

Table 10. Key Social Programs to Address Child Labor

Program

Description

SENAME Programs for Children at Risk of or Engaged in the Worst Forms of Child Labor†

Approximately 132 programs serving disadvantaged youth and children at risk of or engaged in the worst forms of child labor, including commercial sexual exploitation. Include programs implemented by municipal governments and local branches of the Offices for the Protection of Children's Rights. (62) SENAME also administers 17 programs to serve child victims of commercial sexual exploitation. (62) Due to the budget reduction suffered by government institutions as a result of the pandemic, the Ministry of Labor and Social Welfare did not finance any of these projects during the reporting period. (12) SENAME was replaced by Better Childhood Services during the reporting period and continued to evaluate which of these programs to continue and end during 2022. (63)

USDOL-Funded Projects

Measurement, Awareness-Raising, and Policy Engagement (MAP 16) Project on Child Labor and Forced Labor, a project that improves knowledge of these issues through research and data-driven techniques, strengthens policies and improves government capacity, and strengthens partnerships to accelerate progress. (64) Additional information is available on the USDOL website.

† Program is funded by the Government of Chile.

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Chile (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Criminally prohibit the use of children in illicit activities.

2019 – 2021

 

Raise the minimum age for work to the age up to which education is compulsory.

2018 – 2021

Enforcement

Ensure that inspectors have sufficient transportation resources, such as vehicles, to carry out their duties.

2016 – 2021

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2018 – 2021

 

Ensure that penalties for promoting or facilitating the commercial sexual exploitation of children are commensurate with those for other serious crimes, and that judges do not suspend or commute such sentences.

2016 – 2021

 

Publish information on the number of investigations, criminal violations, prosecutions, convictions, and penalties imposed related to the worst forms of child labor.

2019 – 2021

 

Ensure that there are adequate shelters available for child victims of trafficking in persons.

2019 – 2021

Government Policies

Ensure that activities are undertaken to implement the National Plan of Action for Children and Adolescents and that information on these activities are published during the reporting period.

2020 – 2021

 

Ensure that the National Action Plan Against Human Trafficking is approved at the ministerial level.

2021

Social Programs

Conduct research to determine the activities carried out by children working in forestry, hunting, and fishing to inform policies and programs.

2020 – 2021

 

Ensure that educational barriers, such as the lack of transportation to school in rural areas and discrimination of migrant children in educational settings, are addressed to prevent child labor.

2018 – 2021

 

Ensure that programs established to address child labor are properly funded and active, and that activities are published.

2020 – 2021

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