Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Estonia (Ratification: 2001)

The Committee takes note of the Government first and second reports, and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that, by virtue of section 173 of the Penal Code, the sale or purchase of children is prohibited. However, the Committee notes the absence of legal provisions prohibiting the trafficking of children for labour or sexual exploitation. The Committee reminds the Government, that by virtue of Article 3(a) of the Convention, the trafficking of children constitutes one of the worst forms of child labour, and shall therefore be prohibited for children under 18. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that the trafficking of children under 18 for labour or sexual exploitation is prohibited, and that appropriate penalties are provided.

2. Forced or compulsory labour. The Committee notes that, by virtue of article 29 of the Constitution, no one shall be compelled to perform work or service against their will. Section 133 of the Penal Code also states that it is prohibited to place persons, through violence or deceit, in a situation where they are forced to work or perform other duties against their will for the benefit of another, or to keep a person in such a situation.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 3(2) of the Defence Forces Service Act of 2000, every Estonian male aged 16 to 60 is liable to service in the Defence Forces. Section 7 of the Act states that a person eligible to be drafted is a person who "is liable to service in the Defence Forces and who attains 16 years of age during a given year, until call-up for compulsory military service or release from call-up for compulsory military service". Section 45 of the Act requires a person residing in Estonia and eligible to be drafted to register with the National Defence Department of his place of residence before 1 December of the year in which he reaches 17 years. Section 51 of the Defence Forces Service Act further states that persons eligible to be drafted shall be called up for compulsory military service between the ages of 18 and 27. The Committee asks the Government to clearly state the minimum age for admission to compulsory recruitment in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 175 of the Penal Code, it is prohibited to induce a person under 18 years of age to engage or continue to work in prostitution. It also observes that it is prohibited, under section 176 of the Penal Code, to facilitate child prostitution or provide premises to this end. It also notes that, by virtue of section 202 of the Penal Code, pandering and pimping is prohibited.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 177 of the Penal Code, it is prohibited to use a person under 18 years of age as a model or actor in pornographic or erotic pictures. Section 33(3) of the Child Protection Act of 1999 prohibits the use of a child under 18 for pornographic purposes. Section 50(2) of the aforementioned Act also states that it is prohibited to use children under 18 in the production and distribution of obscene materials. Noting that the above provisions only prohibits the use of a child for the production of pornography or pornographic performances, the Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the procuring or offering of a child for the production of pornography or pornographic performances also constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that, by virtue of section 183 of the Penal Code as amended in 2004, it is a criminal offence to illegally traffic, manufacture, buy, or possess narcotic drugs or psychotropic substances with the intent to traffic those substances. Section 184 of the Penal Code also prohibits the illegal manufacturing, transporting, importing, exporting, or transferring of narcotics drugs or psychotropic substances. The Committee further notes that, by virtue of section 181 of the Penal Code, it is prohibited to involve a child under 18 in the commission of a criminal offence. The Committee requests the Government to provide information on the criminal offences covered by section 181 of the Penal Code, as well as on the practical application of the abovementioned provision.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, by virtue of section 36 of the Employment Contracts Act, it is prohibited "to hire and employ minors for heavy work, work which poses a health hazard or has dangerous working conditions, underground work, or work which endangers the morality of minors". It also observes that section 14 of the Child Protection Act states that a child (i.e. a person under 18 years of age according to section 2) shall be protected from economic exploitation and from performing work which is hazardous, beyond the child’s capacities, harmful to the child’s development or which may interfere with the child’s education. Section 7(1) of the Seafarer’s Act of 2001 also provides that the minimum age to be a crew member is 18 years of age. The Committee further notes that the list of hazardous work was recently amended by Regulation No. 171 of 30 April 2004. The list contains 24 types of hazardous work prohibited for children under 18 years of age. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate supervises the application of working conditions (including working hours and rest time) of minors. According to section 145 of the Employment Contracts Law of 2003, labour inspectors may issue warrants. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add. 45, 11 July 2002, paragraph 510), in the first semester of 2000, labour inspectors checked 129 businesses. They investigated establishments where children were more likely to work (i.e. theatre, television, modelling agencies, films, studios, recreational centres and community centres). Noting that the labour inspectors appear to be investigating cases of child labour solely and not cases of children working in the worst forms of child labour, the Committee requests the Government to provide information on the activities of labour inspectors, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The police. The Committee notes the Government’s indication that pursuant to Regulation No. 253, the Police Board is responsible for supervising inappropriate activities undertaken by children and not falling under the Labour Inspectorate’s duties. The Committee accordingly requests the Government to provide information on the role and powers of the police as well as on investigations carried out.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Estonia.

Article 7, paragraph 1. Penalties. The Committee notes that, by virtue of section 173 of the Penal Code, a person who sells or purchases a child under 18 is liable to imprisonment for one to five years. Section 133 of the Penal Code states that a person who places a human being under 18, through violence or deceit, in a situation where he/she is forced to work or to perform other duties against his/her will, for the benefit of another person, or keep a person in such situation, is liable to imprisonment for three to 12 years. Section 175 of the Penal Code provides that a person who induces a person under 18 years of age to engage in prostitution or continue prostitution shall be liable to a fine or a maximum of three years’ imprisonment. It also observes that, according to section 176 of the Penal Code, a person who facilitates child prostitution is liable to a fine or imprisonment for a maximum period of five years. Pandering and pimping is punishable by up to one year of imprisonment (section 202 of the Penal Code).

The Committee also notes that, by virtue of section 177 of the Penal Code, a person who uses a child under 18 years of age as a model or actor in pornographic or erotic pictures is liable to a fine or to one year’s imprisonment. The Committee further notes that if the offender is a legal entity, the penalty imposed will be a fine. The Committee notes that the penalties provided under the Penal Code include a fine or imprisonment. Noting that by virtue of section 177 of the Penal Code, only a fine may be imposed if the offender is a legal entity and that no provisions of the Penal Code fix a minimum amount for fines, the Committee asks the Government to provide information on the measures taken or envisaged to ensure that penalties are dissuasive and effective. The Committee also asks the Government to provide information on the penalties imposed in practice for the abovementioned infringements.

The Committee notes that, by virtue of section 181 of the Penal Code, a person who involves a child under 18 in the commission of a criminal offence (such as drug trafficking) is liable to a fine or to imprisonment for a maximum of three years.

The Committee observes that the Child Protection Act protects children under 18 from economic exploitation (section 14(1)) and from performing hazardous work. Section 36 of the Employment Contracts Act also prohibits the employment of children in hazardous work. However, the Committee observes that the Child Protection Act and the Employment Contracts Act do not impose penalties for the violations of the abovementioned provisions. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that a person who commits an offence under the Child Protection Act or under the Employment Contracts Act is liable to sufficiently effective and dissuasive penalties.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaign. The Committee notes that, according to the Permanent Mission Report on Trafficking in Human Beings to the Organization for Security and Co-operation in Europe (OSCE) (PC/DEL/616/02, 28 August 2002, page 1), an awareness-raising campaign on trafficking in women will be carried out. The Campaign will target among other groups: victims and potential victims of prostitution and trafficking, state authorities including police, personnel of the justice system, border control and immigration authorities, social and youth workers, the business community, hotel personnel, teachers and students at high schools and universities, as well as NGOs. The campaign includes two major research projects. The aim of these projects is to gather data for analysing the overall situation in trafficking in Estonia. The projects will give a better understanding about the ability of relevant Estonian authorities to prevent and stop trafficking in women and children and, at the same time, help to assess the awareness and attitudes of secondary school students toward the same issue. The Committee asks the Government to provide information on the implementation of the awareness-raising campaign and its impact on preventing the trafficking of children for labour or sexual purposes.

2. Trafficking of children. The Committee further notes that, according to the indication of the mission of the Republic of Estonia to the OSCE on 28 August 2002, preparatory work is going on to establish a national plan of action to prevent and combat trafficking in Estonia. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/add. 196, 17 March 2003, paragraph 48), expressed its concern at the insufficient information and awareness of the extent of commercial sexual exploitation and trafficking of children in Estonia. The Committee requests the Government to indicate whether the national plan of action to prevent and combat trafficking has been launched and to provide information on the measures taken or envisaged therein to prevent the trafficking of children for sexual or labour exploitation.

3. Ensure access to free basic education. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/18/Add. 45, 11 July 2002, paragraph. 378), education is compulsory and free from seven to seventeen years of age. It notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add. 196, 17 March 2003, paragraph. 42), expressed its concern at the 5,000 children who do not attend school, at the high number of children who repeat the year and high drop-out rates. According to the Committee on the Rights of the Child, possible reasons for the high drop-out rates include: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that all children benefit from access to free education and that they remain in school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child, (CRC/C/8/Add.45, 11 July 2002, paragraphs 231-233), in 1999, there were 79 recorded cases of children induced to commit a criminal offence or to engage in prostitution. It also observes that according to the police’s estimation, there are about 1000 prostitutes in Tallinn, of whom 7 per cent are under 15 years of age. The Government’s also states that the problem of under-age prostitutes exists and needs further solutions. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to remove children under 18 from commercial sexual exploitation and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add. 196, 17 March 2003, paragraph 42), expressed its concern at the increasing number of street children and at the lack of a systematic comprehensive strategy to address the situation and provide these children with adequate assistance. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect street children from the worst forms of child labour.

Clause (e). The special situation of girls. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures taking account of the special situation of girls, as required under Article 7, paragraph 2(e), of the Convention. It requests the Government to provide information on any development in this regard.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee notes that Estonia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the rights of the child in 1991, and signed the optional protocol on the sale of children, child prostitution and child pornography and the protocol on the involvement of children in armed conflict in 2003.

2. Regional cooperation. The Committee notes that Estonia is part of the Nordic-Baltic Campaign against Trafficking in Women launched in 2002, which aims at raising awareness; stimulating discussions on how to combat trafficking in women; and establishing a common platform for further cooperation. The Committee requests the Government to provide information on the concrete measures taken pursuant to the Nordic-Baltic Campaign against Trafficking in Women and their impact on eliminating child trafficking.

The Committee notes that the Government is party to the EU STOP programme whose aim is to encourage and reinforce networks and practical cooperation between the various persons responsible for action against the trade in human beings and the sexual exploitation of children in member States. It seeks in general to improve and adapt the training and skills of persons responsible for combating this form of crime in the Member States. The Committee asks the Government to provide information on the impact of the abovementioned programme on eliminating the trafficking of children for the purpose of sexual exploitation.

Part III of the report form. The Committee notes the Government’s indication that there was one case of slavery involving a person under 18 years of age; the eight offenders were taken into custody. The Committee asks the Government to continue to provide information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add. 45, 11 July 2002, paragraph 509), that there are no statistical data on child employment. Noting the concern of the Committee on the Rights of the Child (CRC/C15/Add. 196, concluding observations, 17 March 2003, paragraph 9) over the insufficient evaluation of data to devise policies and programmes on child rights, the Committee requests the Government to provide information on the measures taken or envisaged to assess the importance of the worst forms of child labour in the country by conducting a survey.

The Committee also asks the Government to provide information on the worst forms of child labour including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecution, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.