Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 (a). Sale and trafficking of children. The Committee previously noted the Committee on the Rights of the Child (CRC)’s indication in its concluding observations of October 2013 that Moldova remains one of the main countries of origin of children trafficked abroad and that the number of such children was continuously growing. The Committee observed the absence of specific data regarding the number of cases of trafficking of children dealt with by the courts. It requested the Government to ensure the effective implementation of section 206 of the Criminal Code prohibiting the trafficking of children.

The Government indicates in its report that in 2017, 48 child victims of trafficking were identified (31 girls and 17 boys), including seven children exploited for begging. During the first semester of 2018, 37 child victims of trafficking were identified (32 girls and 5 boys), including one exploited for begging. The Committee however observes that the Government does not provide any information on the outcome of the identified cases regarding investigations, prosecutions and penal sanctions imposed. It further notes that, in its concluding observations of October 2017, the CRC expressed concern that Moldova remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and at reports of alleged corruption in the judiciary and law enforcement that hinders the successful conviction and sentencing of traffickers (CRC/C/MDA/CO/4-5, paragraph 40). The Committee therefore requests the Government to take all the necessary measures without delay to ensure that thorough investigations and robust prosecutions of offenders are carried out against persons engaged in such acts, including government officials suspected of complicity, and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to provide information in this regard, including the number of offences reported, investigations conducted and penal sanctions imposed.

Article 6. Programmes of action. Trafficking of children. The Committee previously requested the Government to provide information on the concrete measures taken within the framework of the National Action Plan for Preventing and Combating Trafficking in Human Beings 2014–16 and the results achieved.

The Committee notes the Government’s indication that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is the national coordinator of anti-trafficking policies and that it has taken measures to prevent and combat child trafficking, including activities aiming at raising awareness and informing the public about the risks and consequences of trafficking in persons. It further observes that the Government adopted a National Strategy for Preventing and Combating Trafficking in Human Beings for 2018–23 and the 2018–20 Action Plan regarding its implementation. The Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the implementation of the above-mentioned Strategy and its Action Plan and will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee requests the Government to continue to provide information on the measures taken to combat the trafficking of children, including within the framework of the National Strategy for Preventing and Combating Trafficking in Human Beings and its Action Plan and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee previously noted that according to the data from the National Unit for coordination of the National Referral System (NRS), in 2014, 11 child victims (six girls and five boys) and 218 potential child victims of trafficking were provided with protection and assistance. It requested the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking.

The Committee notes the Government’s indication that it has developed a mechanism for intersectoral cooperation in identifying, assessing, referring and assisting child victims and potential victims of violence, neglect, exploitation and trafficking, in which the Ministry of Education, Culture and Research is part. The Committee notes that, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, issued by the Ombudsman in 2018, the People’s Advocate for the Rights of the Child recommends that the Government strengthen the implementation of the intersectoral mechanism, whose role is to identify and protect children at risk, by providing human resources (child rights specialists) and appropriate technical and financial resources. The Committee also notes that the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings recommends that Moldova improve the identification and assistance of child victims of trafficking, including appropriate accommodation and ensuring long-term monitoring of the reintegration of child victims of trafficking. The Committee also notes the CRC’s indication, in its concluding observations of October 2017, that it is concerned about inadequate rehabilitation and reintegration services of victims of trafficking in persons (CRC/C/MDA/CO/4-5, paragraph 40). The Committee requests the Government to take all the necessary steps to ensure that child victims of trafficking are removed from this worst form of child labour and provided with appropriate services for their rehabilitation and social integration. It requests the Government to provide information on the number of child victims of trafficking who have been removed and provided with assistance.

Clause (d). Identifying and reaching out to children at special risk. 1. Roma children. In its previous comments, the Committee noted the various measures taken by the Government to strengthen access to education for Roma children. It noted however from the UNICEF Moldova report of 2014 that many Roma children were still not attending school. In communities that are almost exclusively Roma, only half the number of children attended primary and secondary education, compared to almost 100 per cent of non-Roma children. The Committee thus encouraged the Government to pursue its efforts to increase Roma children’s access to free, basic and quality education and to reduce their school drop-out rates.

The Committee notes the Government’s indication that it has undertaken a number of measures to enhance the participation of Roma children, particularly girls, in education. The Government organized awareness-raising campaigns, provides free school meals and free text books for all children of grades 1 to 4 and for children of grades 5 to 12 from social vulnerable families, provides free transportation to school, and financially supports Roma children at the beginning of every academic year to help pay for school supplies, clothing and shoes. The Committee notes that an Action Plan for preventing and combating school drop-out and absenteeism was approved in 2015. The Government states that Roma children who do not attend school are identified. It indicates that there are currently about 483 Roma children attending school and 95 Roma children attending pre-school programmes.

The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights indicated that the Government adopted an Action Plan for supporting the Roma population for the period 2016-2020 (E.C.12/MDA/CO/3, paragraph 22). The Committee also notes that, according to an article released by the Organization for Security and Co operation in Europe (OSCE), the Memorandum of Understanding signed on 15 November 2018, which is a tool to support the implementation of the National Strategy for Consolidation of Interethnic Relations until 2027, places a specific focus on the national minorities’ right to education. The Committee notes the Report of the Special Rapporteur on minority issues of January 2017, according to which Roma girls are particularly vulnerable to dropping out of school, especially because child marriage exists (A/HRC/34/53/Add.2, paragraph 69). Noting that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to increase access to free basic education for Roma children, with a particular focus on girls. It requests the Government to provide information on the impact of the measures taken by the Government, including the Action Plan for preventing and combating school drop-out and absenteeism and the Action Plan for supporting the Roma population 2016–20, particularly with regard to ensuring completion of education and reducing school drop-out rates.

2. Children deprived of parental care. The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights expressed concern at the deplorable situation of about 100,000 children left behind by their migrant parents, illustrated by high school drop-out rates (E/C.12/MDA/CO/3, paragraph 28). It notes that according to the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, there are frequent cases of children whose parents have left the country for long term without having designated a legal representative of the child, and that children deprived of parental care are weakly protected. The Committee requests the Government to provide information on the measures taken to protect children left without parental care from the worst forms of child labour.

Application of the Convention in practice. The Committee previously noted that 39 violations related to the engagement of young persons in prohibited works were detected by the labour inspectors in 2012. In 2013 and 2014, five and four such violations were detected, respectively. The Committee requested the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour and on the number and nature of infringements reported, investigations, and penalties applied.

The Committee notes the absence of information from the Government on this matter. It notes that the People’s Advocate for the Rights of the Child indicates, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, that child labour is a serious issue in Moldova, which involves children undergoing heavy, dangerous and long-lasting work, trafficking of children, children sexually exploited and children engaged in other illicit activities such as begging and drug trafficking. The Committee requests the Government to take the necessary measures to ensure that children are protected in practice against the worst forms of child labour. It requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour.