Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kazakhstan (Ratification: 2003)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 19 September 2018, as well as the Government’s reply received on 18 October 2018.

Article 3(a) of the Convention. Trafficking of children. The Committee previously noted that the Criminal Code of 2014 increased penalties for crimes against children, including trafficking of children. The Committee further noted that 300 cases related to trafficking in persons were recorded and investigated in 2014, of which 23 cases relate to trafficking of minors. The Committee noted, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 2015, expressed concern about the reports that large numbers of children were trafficked from, to and within the country and that most victims remain unidentified. The CRC also expressed concern at the information about the persistent complicity of the police in trafficking cases.

The Committee notes from the observations of the ITUC that migrant underage workers often fall into slavery or become victims of sexual abuse or forced labour, and are subjected to harsh working conditions, with no adequate monitoring of their situation. The ITUC indicates that, for example, during a mission conducted from September to November 2017 in Kyrgyzstan and Kazakhstan, the International Federation for Human Rights (Fédération internationale des ligues des droits de l’homme (FIDH)) detected a number of cases of forced labour, including human trafficking and child labour, particularly involving Tajik and Kyrgyz minors. In its response to the observations of the ITUC, the Government indicates that section 134 of the Criminal Code criminalizes the involvement of minors in prostitution, while section 135 criminalizes trafficking in minors. It states that Kazakhstan has a strong legal framework to combat all types of violations of children’s rights.

The Committee notes the Government’s information in its report that, regarding the implementation of the relevant provisions of the Criminal Code, in 2017, the offices of internal affairs opened legal proceedings on eight cases under section 13, and 12 cases under section 135. The Committee also notes the examples provided by the Government regarding convictions of police and other officials for their involvement in cases of trafficking or exploitation. The Committee requests the Government to continue its efforts to ensure that all perpetrators of trafficking of children, including complicit government officials and police, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 3(d) and application of the Convention in practice. Hazardous work on tobacco and cotton plantations. The Committee previously noted that studies on child labour in Kazakhstan revealed that children were mostly engaged in the informal and agricultural sectors, particularly in tobacco and cotton harvesting. The Committee also noted that the revised list of types of hazardous work prohibited to children under the age of 18 years, which was approved by Order No. 391 of May 2015, prohibits the hiring of minors on tobacco and cotton plantations. The Government stated that Kazakh tobacco cultivation had been excluded from the United States Department of Labor’s List of Agricultural Crops Grown using child labour. However, the August 2014 Report of the United Nations Human Rights Council’s Special Rapporteur on contemporary forms of slavery indicated that despite the commitment and support of the tobacco industry and steps taken to increase protection of migrant workers, cases of hazardous child labour persist on some farms. The Committee further noted that the CRC, in its concluding observations of 2015, expressed concern about the incidence of child labour in cotton harvesting, which involves the lifting or carrying of heavy weights, poor working conditions and health risks related to fertilizers and pesticides.

The Committee notes the Government’s information that the fine for an employer who engages minors in work that is prohibited for employees under 18 years of age has been significantly increased (from 700 to 2,000 monthly national units, or around US$12,200). The offence is also punishable by restriction of freedom for up to two years, or by imprisonment for the same period (accompanied by loss of right to hold certain posts or undertake certain activities for up to three years). The Committee notes from the Government’s report under the Minimum Age Convention, 1973 (No. 138), that, during the reporting period, two criminal prosecutions were initiated for offences under section 153 of the Criminal Code, which addressed serious violations of labour law in respect of minors. Moreover, 52 complaints were submitted to the prosecutor’s office, as well as to the labour and social protection authorities for further action. The Government states that minors are most frequently employed in picking cotton in the Martaaral district of Turkistan province. However, as a result of the work carried out by the Turkistan provincial authorities, the number of children employed in cotton-harvesting is decreasing every year. Moreover, the local authority of South Kazakhstan province and the Sana Sezim women’s legal initiative centre have carried out a series of measures to prevent the use of child labour in cotton farming. With the cooperation of business, economic pressure is also imposed on agricultural producers. For example, a leading tobacco company includes a clause prohibiting the use of child and forced labour in its contracts with small tobacco farmers in Almaty province. The Committee requests the Government to continue to take measures to protect children from hazardous work in agriculture, particularly in cotton plantations. In this regard, the Committee requests the Government to continue to provide information on the number of inspections carried out by competent authorities and the number of violations detected and penalties applied, related to hazardous work performed by children under 18 years of age. It further requests the Government to provide information on the number of children identified and withdrawn from hazardous work in agriculture as well as on the direct services provided to children at risk.

The Committee is raising other matters in a request addressed directly to the Government.