Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s statement that labour inspections are carried out according to an annual plan and not for the specific purpose of revealing illegal cases of child labour and its worst forms; however, cases of individual complaints would be investigated. The Committee reminded 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. The Committee requests the Government to provide information on the annual plan and if applicable, the number of complaints received and the number of investigations carried out by the labour inspectorate concerning 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 had also noted in 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 notes the Government’s statement in its 20 July 2009 report to the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) that police prefectures are competent to deal with cases of child pornography on the Internet and that all police officers working with children have received police training and supplementary training in psychology (CRC/C/OPSC/EST/1, paragraphs 46, 143 and 175). The Committee requests the Government to provide information on the number of investigations carried out by the police and their findings with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted from the Government’s information that awareness-raising measures and a National Action Plan were adopted in order to combat human trafficking. The Committee had previously noted various activities which were planned in order to meet the 2006–09 Development Plan for Combating Trafficking in Human Beings (Development Plan) which was adopted on 26 January 2006. The Committee notes from the Government’s report that, for 2008, most of the tasks of the Development Plan have been completed. The Committee notes that, on 2 February 2010, Estonia signed the Council of Europe Convention against Trafficking in Human Beings. The Committee also notes the information in the Government’s report that it has put into place a Criminal Policy Guideline for 2010, which will put emphasis on crime prevention with respect to minors. The Committee also notes the Ministry of Social Affairs’ Development Plan for 2007–10, whose objectives for 2010 include, the implementation of the Action Plan for Combating Trafficking in Children, developing social services for children and creating an environment conducive to health and safety. The Committee further notes the Ministry of Justice’s Development Plan for 2012, which includes the prevention of crime against minors and the reduction of criminality in connection with human trafficking. The Committee requests the Government to provide information on the implementation, the progress and the results achieved through the abovementioned programmes, as well as their effectiveness in eliminating the worst forms of child labour.

Article 7(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 had also noted 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 the Substitutive Enforcement and Penalty Payment Act. The Committee reminds the Government of its responsibility to ensure the effective implementation and enforcement of the provisions giving effect to the Convention including the provision and application of penal sanctions, as enunciated under Article 7(1). The Committee requests the Government to provide information on the number and nature of infringements and 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.

Article 7(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 the Government’s information that in 2006–07, five Estonian specialists who work with children participated in the “Prevention of trafficking in children and assisting trafficked children” project, carried out with support from the European Union Daphne programme and organized by the Council of the Baltic Sea States Working Group for Cooperation on Children at Risk (WGCC). The Committee also notes that, in 2008, lectures and workshops for 800 victim support officials, child protection officials, youth workers, teachers, students, prosecutors and judges took place. Finally, the Committee notes that in order to develop the skills and cooperation of specialists, two round tables, gathering 74 people from 35 organizations, were organized for the development of a national network for combating human trafficking.

2. Access to free basic education. The Committee had previously noted that, according to the Government’s indication to the CRC (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 CRC, 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 CRC, 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 notes from the Government’s report that, under article 37 of the Constitution of the Republic of Estonia, everyone has a right to education and it shall be free of charge in state and local government schools. The Committee further notes that the Basic Schools and Upper Secondary Schools Act, which will come into force on 1 January 2011, shall ensure full access to free education as well as promote education. The Committee request the Government to provide information on the implementation of the Basic Schools and Upper Secondary Schools Act and its role in increasing school attendance and diminishing dropout rates.

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. The Committee had previously noted in the Government’s statement that one of the objectives of its 2006–09 Development Plan 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. Moreover, the Government launched a national information and helpline (children’s line) in 2006, enabling citizens to report possible cases of trafficking and sexual exploitation. In 2008, when additional funding was made available, a helpline for the prevention of human trafficking was launched. The Committee notes the Government’s indication that counsellors helped 416 people in 2008, including three victims of sexual exploitation and 19 victims of labour trafficking. The Committee also notes from the Government’s report that employees of foreign missions of Estonia have been trained on how to assist people who have fallen victim of human trafficking while abroad. However, the Committee notes that the Government does not specify any data regarding the number of children who have been victims or benefitted from this assistance. The Committee requests the Government to provide information on the number of children under 18 years of age who have been withdrawn from trafficking and commercial sexual exploitation and rehabilitated, following the implementation of the Development plan, the helpline and the training of employees of foreign missions.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes from the Government’s 20 July 2009 report to the CRC (in connection with CRC OP-SC) that it is a member of the WGCC. The Committee notes that the WGCC addresses a number of issues, including street children, whereby it draws an annual action plan on which activities are based and cooperation projects are planned (CRC/C/OPSC/EST/1, paragraphs 166–168). The Committee requests the Government to provide information on the WGCC’s action plan and its activities in regard to providing the necessary and appropriate direct assistance to street children in order to remove them from the worst forms of child labour, and provide for their rehabilitation and social integration.

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 noted 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, namely young girls. The Committee notes, from the Government’s 20 July 2009 report to the CRC (CRC/C/OPSC/EST/1, paragraph 164), that the central criminal police have entered into cooperation agreements with other countries on general crime procedures, including issues involving trafficking in children. The Committee also notes that Estonia has participated in various international projects, including the June 2010 Expert seminar in Copenhagen on “Children in the asylum system: Information management to prevent trafficking”, uniting 25 experts from the Baltic Sea region to discuss the situation of children in the asylum system and children in migration in relation to the risk of trafficking. The Committee notes from the Expert seminar’s report that a comprehensive report will be made available in December 2010. The Committee further notes from the Government’s report that Estonia has participated in various international projects, and through the European Union’s financial programmes, has been able to launch projects such as a training programme for youth specialists to teach them to assist young people who have experienced domestic violence. The Committee requests the Government to provide information on the implementation of the Nordic–Baltic Campaign as well as the results achieved in terms of combating the trafficking of children under 18 years for the purpose of sexual exploitation.

Part III of the report form. Court decisions. The Committee notes the information in the Government’s reply to the list of issues of the CRC of 3 December 2009 (CRC/C/OPSC/EST/Q/1/Add.1) that, in 2008, there were no convictions or court decisions with respect to disposing of minors to engage in prostitution, nor any cases regarding aiding prostitution involving minors. However, two persons were convicted for using minors in the manufacturing of pornographic works and there were 16 convictions for the manufacturing of works involving child pornography or making child pornography available. The Committee asks the Government to continue providing information on any court decisions and penalties imposed regarding the legislation relevant to the application of the Convention.

Part V of the report form. Practical application of the Convention. The Committee had noted 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 the Government’s reply to the list of issues of the CRC of 3 December 2009 (CRC/C/OPSC/EST/Q/1/Add.1, paragraph 1) that there have been no cases of child trafficking in Estonia in the last three years. The Committee notes from the Government’s report that, in 2009, five offences regarding disposing minors to engage in prostitution were recorded; two offences were registered regarding aiding prostitution involving minors; one offence concerning the use of minors in the production of pornographic works and 27 cases regarding the production of works involving child pornography registered. The Committee requests the Government to continue providing information, including statistics 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, as well as the number of children covered by the measures giving effect to the Convention. To the extent possible, all information should be disaggregated by sex and age.