Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Republic of Moldova (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that section 255 of the Labour Code prohibits persons under 18 from performing heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, or the trade in alcoholic drinks, tobacco products, narcotic and toxic products). However, the Committee noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It also noted that in 2007, the Government, and the employers’ and worker’s organizations had concluded the Collective Agreement (national level) No. 8 on the elimination of the worst forms of child labour (Collective Agreement), the provisions of which apply to all establishments, regardless of their type of property and legal form of organization (section 7 of the Collective Agreement). The Committee requested the Government to indicate if, pursuant to section 7, the Collective Agreement applies to children who are not under an employment relationship, such as self-employed workers under the age of 18.

The Committee notes that the Government report contains no information on this point. It notes, however, that according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, children employed in hazardous work constitute 42.2 per cent of the total number of working children (177,000) and 68.6 per cent of the total number of child labourers (109,000) which represents about 74,700 children. Of this, 85 per cent of children were aged 12 years or older. The Committee expresses its concern at the significant number of children under the age of 18 years involved in hazardous work in the Republic of Moldova. The Committee therefore requests the Government to take immediate and effective measures to ensure the protection of children under the age of 18 years from hazardous work, including in the informal sector. It also requests the Government to provide information on the measures taken in this regard.

Article 5 of the Convention. Monitoring mechanisms. Centre for Combating Trafficking in Persons (CCTP). The Committee notes the Government’s information that the main focus of the activities of the CCTP established by the Ministry of Internal Affairs is to raise the civil society awareness on the hazards and consequences of human trafficking. The Committee also notes the Government’s information that in order to strengthen the practical skills in preventing and combating trafficking in persons, the CCTP conducted 12 training seminars for prosecutors, police and social service staff on human trafficking crimes and identifying victims of this crime. The Committee also notes that the CCTP officers together with representatives of the Prosecutor General, Supreme Court and other institutions responsible for combating trafficking in human beings participated in several training courses held abroad, including in the United States, Lithuania, Romania, Belarus and Hungary in order to improve cooperation in identifying and documenting cases of trafficking and providing for the rehabilitation and social integration of victims.

The Committee further notes the Government’s information that the Ministry of Internal Affairs (MIA) intensified its efforts to document government officials, civil servants and other officials involved in trafficking in persons. As a result, the CCTP exposed the criminal activities of four employees of the MIA and a former police officer involved in human trafficking and the illegal removal of children from the country. In 2010, the CCTP investigated and documented the work of two agencies “Everest Tourism Ltd” and “Gama Avia LLC” who organized the illegal removal of three children from the country.

The Committee also notes the Government’s information that the CCTP together with the General Prosecutor’s Office and International Centre “La Strada” conducted a risk assessment related to cybercrime which consists of deceiving children for the purpose of sexual exploitation. The Committee finally notes from the Government’s report that in 2009, 24 criminal cases under section 206 (trafficking of children), and 78 cases under section 208 (involving minors into criminal activities) of the Criminal Code were recorded by the CCTP of which 11 cases under section 206 and 60 cases under section 208 were referred to the court. Likewise, in 2010, 24 cases under section 206 and 100 cases under section 208 were recorded, while in 2011, 20 cases under section 206 and 43 cases under section 208 were recorded by the CCTP. The Committee requests the Government to continue providing information on the number of cases of worst forms of child labour, in particular cases of trafficking of children that have been recorded by the CCTP.

Article 6. Programmes of action. National Plan for Prevention and Combating Trafficking in Human Beings (2010–11). The Committee notes from the website of the Government of the Republic of Moldova that the Government has approved a National Plan for Prevention and Combating of Trafficking in Human Beings for the years 2010–11. The strategic goals of this National plan include: investigating cases of involvement of public servants in trafficking in human beings, charging and convicting such persons; assistance and protection of victims of trafficking; national and international cooperation; awareness raising and information with specific actions to be taken to combat child trafficking. The Committee requests the Government to provide information on the implementation of the National Plan for Prevention and Combating Trafficking in Human Beings and its impact on the elimination of trafficking in children under the age of 18 years.

National Plan of Action to eliminate child labour. The Committee notes the Government’s indication that it signed a Memorandum of Understanding with the ILO in November 2009 on eliminating child labour through implementing programmes of action. Accordingly, the Committee notes from the Government’s report that a draft National Plan of Action to eliminate child labour was elaborated which includes inter alia, the following objectives:

• -review and update relevant legislation to ensure appropriate conditions for preventing and eliminating the worst forms of child labour;
• -increase awareness of policy-makers and civil society on the problem of the worst forms of child labour;
• -facilitate access of children to quality education;
• -provide educational and rehabilitation and social reintegration of children withdrawn from the worst forms of child labour; and
• -support families of children involved in the worst forms of child labour.

The Committee expresses the firm hope that the draft National Plan of Action to eliminate child labour will be adopted in the near future. It requests the Government to provide information on the implementation of the National Plan of Action once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes from the Government’s report that the multidisciplinary teams in the districts of Vulcanesti, Rezina and Soldanesti are implementing a programme supported by the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the International Organization for Migration (IOM) and the Organization for Security and Cooperation (OSCE) mission to the Republic of Moldova on the protection and rehabilitation of victims of human trafficking. The Committee notes the Government’s information on the number of child victims of trafficking who have been repatriated and protected by initiatives taken by the Department for Family and Children’s Rights Protection under the Ministry of Labour, Social Protection and Family. According to these data, in 2010, 27 repatriation missions were organized for repatriating a total of 67 children (33 children from Russian Federation, 30 children from Ukraine, two children from Romania, one each from Belgium and Italy). Of the children repatriated in 2010, 27 children were reintegrated into their biological or extended families, three children were adopted, three children placed in childcare homes, 31 children placed in temporary foster care and three children were placed with their mothers in the maternal care centres. Likewise, in 2011 a total of nine children have been repatriated and seven of them were placed in temporary foster homes and two of them were placed with their mothers in a maternal care centre. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been removed and provided assistance by the Department for Family and Children’s Rights Protection.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that according to a survey report on Roma in the Republic of Moldova, published by the UNDP, there exists a significant gap in education and literacy levels between Roma and non-Roma children in the Republic of Moldova. The low enrolment rates and drop-out rates in schools among Roma children are of alarming proportions. The Committee also notes the concerns expressed by the Committee on the Rights of the Child (CRC) in its concluding observations of February 2009 (CRC/C/MDA/CO/3, paragraph 62), that school enrolment rates of Roma children are low at all educational levels and that a significant proportion of Roma children do not attend primary school compared to non-Roma children and that only half of Roma children attend secondary school. The CRC also expressed concern at the limited possibilities for instruction in the Romani language. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, in 2009, 11 cases related to trafficking in children were brought to trial of which nine cases were examined and nine persons were convicted. In 2010, seven cases related to trafficking in children were tried by the courts which led to the convictions of seven persons. It also notes that, in 2009, 60 cases, and in 2010, 76 cases, involving minors in criminal activities were brought to justice. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, the data provided shall be disaggregated by age and sex.