Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery of practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to the Development Plan for Combating Trafficking in Human Beings of 2006–09, although the Estonian Penal Code does not directly specify trafficking in human beings as a criminal offence, there are 15 sections which prohibit activities linked to human trafficking, resulting in the effective prohibition of the sale and trafficking of children in practice. These prohibitions include: enslaving (section 133), abduction (section 134), unlawful deprivation of liberty (section 136), kidnapping (section 172), sale or purchasing of children (section 173), disposing minors to engage in prostitution (section 175), aiding prostitution involving minors (section 176), illegal transportation of aliens across the state border or temporary border line of Estonia (section 259) and provision of opportunity to engage in unlawful activities, or pimping (section 268).

2. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes with interest the Government’s information that, by virtue of sections 51(1), 79(1)1), 129(1) and 136 of the Defence Forces Service Act of 2000, the recruitment of young persons under 18 years of age in armed conflict is not permitted.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted that, according to the Government’s statement that labour inspections are carried out according to an annual plan and in the case of individual complaints, and not for the specific purpose of revealing illegal cases of child labour and its worst forms. The Committee reminds the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Consequently, the Committee requests the Government to take measures to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors in combating the worst forms of child labour.

2. Police. In its previous comments, the Committee had noted 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. It notes the Government’s information that the police are responsible for supervising situations falling more specifically within the scope of the Penal Code, such as prostitution. The Committee requests the Government to provide information on investigations that were carried out by the police with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that awareness-raising measures and a national action plan were adopted in order to combat human trafficking. The Committee requests the Government to provide information on the implementation of these measures and of the National Action Plan to combat human trafficking and their impact on eliminating the worst forms of child labour and, in particular, child trafficking.

Article 7, paragraph 1. Penalties. The Committee had previously observed that no penalties are imposed for the violations of section 14(1) of the Child Protection Act, which protects children under 18 from economic exploitation and from performing hazardous work, and section 36 of the Employment Contracts Act, which prohibits the employment of children in hazardous work. It notes the Government’s information that these Acts do not, in fact, impose penalties, but that labour inspectors can issue a compliance order in case of violations to their provisions. If an employer fails to comply with the order, the labour inspector may impose a penalty payment under to the Substitutive Enforcement and Penalty Payment Act. The Committee expresses the firm hope that the penalties imposed by the Substitutive Enforcement and Penalty Payment Act are sufficiently effective and dissuasive. It requests the Government to provide information on the number of penalty payments imposed by labour inspectors with regard to violations of the legal provisions protecting children from economic exploitation and prohibiting their employment in hazardous work.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children. Following its previous comments, the Committee notes that the
2006–09 Development Plan for Combating Trafficking in Human Beings was adopted on 26 January 2006. One of the objectives of the Development Plan is to prevent human trafficking by informing the public of its nature and related dangers. To reach this objective, the following activities were planned:

(a)   organizing lectures throughout Estonia, for a total of 40 lectures;

(b)   organizing a media campaign in order to decrease the demand and to increase awareness of human trafficking;

(c)   continuing the operation of the hotline for providing information on human trafficking;

(d)   preparing and publishing educational information material on human trafficking;

(e)   including the topic of human trafficking in the national general education agenda, and;

(f)    distributing information on human trafficking via the Internet.

The Committee also notes the Government’s statement that, in 2006, the non-profit association Living for Tomorrow, implemented a prevention project entitled “Education and Prevention of Trafficking in Human Beings in Estonia”. The aim of the project is to carry out a preventive and educational campaign against human trafficking in all major cities of Estonia. Project activities include organizing discussions for students and training border guards, career counsellors, social workers and local authorities. The Committee requests the Government to provide information on the impact of the Development Plan on Combating the Trafficking of Children and of the “Education and Prevention of Trafficking in Human Beings in Estonia” project and, more specifically, on the number of children under 18 years who were effectively prevented from being engaged in trafficking for sexual or labour exploitation as a result of their implementation.

2. Free basic education. The Committee had previously noted 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 7 to 17 years of age. It had noted 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 at high school drop-out rates. The Committee had noted that, 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. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to ensure that all children benefit from access to the free and compulsory education provided for by the Estonian Constitution, 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. Trafficking of children and commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s statement that one of the objectives of its Development Plan for Combating Trafficking in Human Beings is to rehabilitate the victims of commercial sexual exploitation. According to the document of the Development Plan, guidelines will be developed for Estonian foreign missions, so that they may assist the victims of human trafficking while abroad and help them return to Estonia, by providing support (transportation and accommodation). As for the victims of trafficking found in the territory of Estonia, the Development Plan’s activities consist of mapping the needs of the victims, giving instructions to support and health-care workers and organizing training courses. Furthermore, the Committee notes the Government’s statement that the National Victim Support System (NVSS), launched on 1 January 2005, employs 35 regional victim support workers in 16 victim support centres throughout Estonia. In cases where children are victims of criminal offences, the police cooperate with the victim support workers by forwarding information about the victims to the support workers in order to enable them to provide the child victims with the necessary support. Moreover, the Government indicates that a nationwide telephone number (children’s line) will be made available starting 1 January 2009 to enable citizens to notify relevant specialists about possible cases of trafficking, sexual exploitation or mistreatment of children, thus allowing for rapid assistance to these children. The Committee requests the Government to continue to provide information on the concrete impact of the Development Plan, the NVSS and the children’s line, on withdrawing and rehabilitating children from commercial sexual exploitation and trafficking for both sexual and labour exploitation, and on the results attained.

Clause (d). Identify and reach out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that municipalities have social workers who help street children and encourage them to attend school. The Committee requests the Government to provide more information on the activities carried out by these social workers with regard to street children. It also requests the Government to provide more detailed information on the number of street children who were effectively protected from being engaged in the worst forms of child labour as a result of the interventions of the social workers.

Article 8. International cooperation and assistance. The Committee had previously noted 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 notes the Government’s information that, in the framework of this campaign, several conferences and seminars were held and several school lectures were organized, with a special attention on youth. The Committee requests the Government to provide information on the implementation of the Nordic–Baltic Campaign as well as the results achieved in eliminating the trafficking of children under 18 years for the purpose of sexual exploitation.

Part III of the report form. Court decisions. The Committee notes that, according to the Development Plan, one person was convicted for inciting minors to engage in prostitution, 15 were convicted for aiding prostitution involving minors, three for use of minors in the manufacture of pornographic works, and one for manufacturing or making available child pornography. The Committee asks the Government to continue providing information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the Development Plan, the only statistics available on the number of victims of human trafficking is that approximately 100 victims were traded from Estonia to other countries between 2001 and 2004. The Committee notes, however, the Government’s statement that the European Union STOP programme, to which Estonia is party, provided the Government with information about child prostitution and street children and general information about the worst forms of child labour. Furthermore, the Government indicates that much research on prostitution and the sexual exploitation of children has been conducted in Estonia. The Committee requests the Government to provide information resulting from the European Union STOP programme, as well as the results of the research that was carried out in Estonia, with regard to child trafficking, the commercial sexual exploitation of children and street children.

The Committee also requests the Government to continue providing 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, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex.