Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 6 of the Convention. Programmes of action. 1. National Action Plan for Children. The Committee previously noted that the National Action Plan for Children (NAP), approved in 2002, was extended until 2007. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 July 2007, expressed concern at the absence of assessment and evaluation of the NAP (CRC/C/SVK/CO/2, paragraph 13). The CRC recommended that the Government ensure follow up and evaluation mechanisms for the NAP to regularly assess progress achieved and identify possible deficiencies (CRC/C/SVK/CO/2, paragraph 14). The Committee urged the Government to ensure the regular assessment of the progress achieved through the implementation of the NAP, and requested the Government to provide information on the impact of this programme on the elimination of the worst forms of child labour.

The Committee noted the information in the Government’s report that the governmental bodies responsible for the implementation of measures within the framework of the NAP provided regular reports on the progress achieved. The Committee also noted the information in the Government’s report that the National Action Plan for Children 2009–12 (NAP 2009–12) was approved by Government Resolution No. 94 of 28 January 2009. The NAP 2009–12 is divided into seven thematic areas, and includes measures to contribute to the application of the Convention. The Government’s report indicated that the NAP 2009–12 will be evaluated annually, and updated to reflect this evaluation. The Committee further noted the Government’s indication that a Ministerial Committee for Children, chaired by the Prime Minister, was established in 2009 and is responsible for ensuring the fulfilment of tasks pursuant to the NAP 2009–12. The Committee requests the Government to provide information on the specific measures taken within the framework of the NAP 2009–12 with respect to the effective elimination of the worst forms of child labour, and on the concrete results achieved, in its next report.

2. National Action Plan for Combating Human Trafficking 2008–10. The Committee previously noted the adoption of the National Action Plan for Fighting Trafficking in Persons in 2005, and noted the Government’s indication that 19 measures had been adopted within the framework of this Plan. The Committee noted the indication in the Government’s report to the UN Human Rights Council pursuant to the Universal Periodic Review of 5 May 2009 (UPR Report) that the National Programme to Combat Trafficking in Human Beings (2008–10) was approved in April 2008. The Government indicated in the UPR Report that the National Programme to Combat Trafficking in Human Beings (2008–10) is a comprehensive national strategy to combat trafficking, through the coordination of the activities of all stakeholders engaged in trafficking prevention and the provision of assistance to victims of human trafficking (A/HRC/WG.6/5/SVK/1, paragraph 83). The Committee also noted the Government’s statement in its UPR Report that human trafficking is a serious issue in Slovakia, and that the country is primarily a source country. The Government further indicated in the UPR Report that the incidence of trafficking is rising, and states that trafficking for the purpose of sexual exploitation often involves minors (A/HRC/WG.6/5/SVK/1, paragraph 82). In this regard, the Committee encourages the Government to pursue its efforts to take comprehensive measures to address the growing phenomenon of the trafficking of children. It requests the Government to provide information on the concrete measures taken within the framework of the National Programme to Combat Trafficking in Human Beings (2008–10) to prevent and eliminate the trafficking of children.

Article 7(1) and Part V of the report form. Penalties and application of the Convention in practice. Following its previous comments, the Committee noted the statistical information in the Government’s report from the Ministry of Justice which indicated that, in 2008, one person was convicted pursuant to section 181 of the Criminal Code, for the trafficking of children. The Government’s report also indicated that in 2008, seven persons were convicted pursuant to section 367 for “pimping”, and three persons were convicted for this offence in the first half of 2009, though the Committee observed that this data does not indicate whether these cases involved victims under the age of 18. The Government’s report further indicated that in 2008, three persons were convicted pursuant to section 368 of the Criminal Code for the production of child pornography, and that five persons were convicted pursuant to section 369, for the dissemination of child pornography.

The Committee also noted the information in the Government’s report that persons convicted of an offence under section 181 of the Criminal Code (for the trafficking of children) shall be subject to imprisonment for a period of between four and 25 years. However, the Committee noted the information available in the report on trafficking in persons in Slovakia, available from the website of the Office of the High Commissioner of Refugees (Trafficking Report) that the majority of persons convicted of trafficking in 2008 were given suspended sentences and served no time in jail. Therefore, the Committee requests the Government to provide information on the measures taken to ensure that persons convicted for the trafficking of children receive sufficiently effective and dissuasive penalties, including imprisonment. It requests the Government to continue to provide information on the application of section 181 of the Criminal Code with regard to the trafficking of children, particularly the penalties applied.

Article 7(2). Effective and time-bound measures. Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. Following its previous comments, the Committee noted the indication in the 2009 UNODC Global Report on Trafficking in Persons that a national referral mechanism was established in 2008 to refer identified victims of trafficking to institutions that provide support services. This report also indicates that the Department of Trafficking in Human Beings, Sexual Exploitation and Support of Victims, (within the Crime Bureau of the police headquarters), maintains a central database on victims. The Committee also noted the information in the Trafficking Report that the Government allocated approximately $400,000 for all anti-trafficking efforts in 2008 (a significant increase from $91,000 allocated in 2007), and that more than half of this funding went towards victim assistance. The Committee further noted the information in this report that the Government contributed funding to a trafficking hotline run by the International Organization on Migration (IOM) that opened in June 2008 which provided information to persons vulnerable to trafficking and assisted trafficking victims. In addition, the Committee noted the information on the IOM website that this organization is implementing projects to assist trafficking victims with repatriation and reintegration, as well as preventative activities aimed at specific groups, such as secondary school students and youth in foster care facilities. The Committee requests the Government to indicate the number of persons under the age of 18 removed from this worst form of child labour, and the number of child victims benefiting from the available rehabilitation and social reintegration services.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the approval of the “Basic propositions of the Government policy concept for the integration of the Roma communities” which aimed to achieve integrated education of Roma children and youth. However, it also noted that the CRC, in its concluding observations of 10 July 2007, expressed concern that not all children from socially marginalized groups regularly attended school and that efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, had yet to be completed (CRC/C/SVK/CO/2, paragraph 57).

The Committee noted the information in the Government’s report that Resolution No. 206 entitled “Concept for the education and upbringing of Roma children and pupils” was adopted on 2 April 2008. This document was drafted in consultation with the Ministry of Education and the governmental office on Roma communities, and includes a survey on the situation of pupils from socially disadvantaged backgrounds. The Government indicated that programmes of education in the Roma mother tongue on Roma language and culture are being piloted. The Government indicated that these programmes are limited by a lack of available teachers and low parental interest. The Committee also noted that the Government has implemented a Project of Roma Teaching Assistants, to assist Roma pupils in school. The Committee further noted the Government’s indication that the Minister of Labour, Social Affairs and Family is implementing the Programme of Support of the Development of Community Social Work in municipalities, with a focus on Roma communities.

However, the Committee noted that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 25 March 2010, expressed concern that, despite the various measures adopted by the Government to ensure equal access to quality education for Roma children, de facto segregation of Roma children in education continues (CERD/C/SVK/CO/6-8, paragraph 16). The CERD further expressed concern about the continued marginalization and precarious socio-economic situation of members of this minority, and the discrimination faced in several fields, including education (CERD/C/SVK/CO/6-8, paragraph 11). The Committee also noted the information from the IOM that Roma youth are particularly vulnerable to trafficking, and are a key group targeted in the IOM’s trafficking prevention initiatives. The Committee further noted the indication in the Trafficking Report that Roma women and girls are trafficked internally for sexual exploitation and Roma children are trafficked to Austria, Italy and Germany for the purpose of forced begging. The Committee expresses its concern at reports of the trafficking of Roma children, and urges the Government to redouble its efforts to protect this vulnerable group from this worst form of child labour. In this regard, the Committee requests the Government to strengthen its efforts within the framework of the “Concept for the education and upbringing of Roma children and pupils” to reduce the vulnerability of Roma children by facilitating their access to education. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment and completion rates and reducing school drop out rates of Roma children.