Worst Forms of Child Labour Convention, 1999 (No. 182) - Romania (Ratification: 2000)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Child trafficking. In its previous comments, the Committee noted the Government’s indication that the increased mobility of criminal groups and a more organized structure in their hierarchy have led to an increase in the number of identified victims of trafficking, including child victims, at the national level in 2010, as compared with that of 2009. The Committee also noted that, the Committee on the Rights of the Child (CRC) expressed concern at the large number of sexually exploited child victims of international and internal trafficking, and the criminalization of trafficked girl victims of sexual exploitation in some cases. The Committee further noted that, several projects were implemented in order to combat child trafficking, including the project to reduce child trafficking by increasing police law enforcement efficiency in the European Union (EU) and the European Economic Area (EEA) and the project “REVENI – Transnational monitoring on the repatriation procedures of Romanian and Bulgarian child citizens” conducted in 2010–12. The Committee requested the Government to pursue its efforts to combat the trafficking of children under 18 years of age for sexual and labour exploitation, and to provide information on the progress achieved.

The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that the National Strategy against Trafficking in Persons was adopted for the period 2012–16, and the National Agency against Trafficking in Persons (NATIP) was established in 2012 by Order No. 220 of the Ministry of Interior. According to the statistics of the NATIP, in 2015, 880 victims of trafficking were identified; among them 498 persons were victims of sexual exploitation, 180 persons were involved in labour exploitation and the remaining victims were trafficked for other purposes. Moreover, among 316 child victims, 267 children have received assistance. In 2014, 290 child victims were identified, of which 206 children have received assistance. The Committee also notes that, the NATIP is implementing several projects, including the project “Support to NGOs in Romania for direct assistance to victims of trafficking” (2015–18) based on the Framework Agreement with the Swiss Government and the Trace Project (Trafficking as a Criminal Enterprise) in 2014–16 financed by the European Union. The Committee therefore encourages the Government to continue its efforts to combat the trafficking of children under 18 years of age for sexual and labour exploitation and to provide information on the progress achieved.

Clause (d). Identifying and reaching out to children at special risk. Roma and street children. In its previous comments, the Committee noted that, according to the Report of the Special Rapporteur, some children, mostly Roma, were involved in street begging, washing cars at dangerous intersections, loading and unloading heavy merchandise, or collecting waste products such as scrap iron, glass or paper, as well as in agriculture, including animal farming, and the construction sector. The Committee also noted that the CRC, while noting the reported decrease in the number of children living on the streets, was concerned that many street children had to work for their sustenance, and said that the majority do not go to school and lack birth certificates. In this regard, the Committee noted that the Mission Report of the Special Rapporteur on contemporary forms of slavery indicated that the Government had recognized the issue of undocumented children who live on the streets and gave them temporary identification documents which allowed them to go to school and have access to health services. However, there were still cases of children deprived of identity documents, mainly among the category of street children and the Roma ethnic group. The Committee also noted the Government’s information that the project entitled “Street Children Initiative” was implemented until December 2011, the results of which include the creation of nine shelters and five emergency centres with a capacity of 15 children per centre, and the training of 132 professionals. The Government indicated that, in 2012, 226 children were found living on the streets with their families, 236 children were found living on the street without their families, and 291 street children were found working. Moreover, 1,748 services were provided to street children, including shelter and day care centres. In addition, 1,723 children were withdrawn from the streets and street work.

The Committee notes the Government’s information in its report that the National Agency for the Protection of Rights of Children and Adoptions (NAPRCA) monitors the situation of street children, and that the National Strategy for the Protection and Promotion of Child Rights (2014–20) provides for special measures targeting street children. Moreover, with the financial support from UNICEF and in partnership with NAPRCA, the Parada Foundation has been implementing a project regarding the assistance and intervention provided for street children since 2015. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue its efforts to protect children living and working on the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to continue providing information on the measures taken and the results achieved in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Child trafficking. In its previous comments, the Committee noted the Government’s indication that the joint efforts of all the national and international institutions led to a decrease concerning the extent of the phenomenon of trafficking and that efforts have been made in the last few years to fight against more organized criminal networks. However, the Committee also noted the Government’s indication that the increased mobility of criminal groups and a more organized structure in their hierarchy have led to an increase in the number of identified victims of trafficking, including child victims, at the national level in 2010, as compared with that to 2009. The Committee also noted that, in its concluding observations of 30 June 2011, the Committee on the Rights of the Child (CRC) expressed concern that the number of sexually exploited children, including foreign children trafficked within Romania was high; that the number of children trafficked from Romania to other European States had increased; and that internationally and internally trafficked girl victims of sexual exploitation were treated differently as they are sometimes seen as criminals (CRC/C/ROM/CO/4, paragraph 87). Moreover, the Committee noted that the Report of the Mission to Romania of the Special Rapporteur on contemporary forms of slavery of 30 June 2011 (Report of the Special Rapporteur), also indicated that children were trafficked internally and that, in most cases, their exploitation occurred in private dwellings, making such cases difficult to uncover (A/HRC/18/30/Add.1, paragraph 52).

The Committee also notes the Government’s information pertaining to several projects implemented in order to combat child trafficking. These include the project to reduce child trafficking by increasing police law enforcement efficiency in the European Union (EU) and the European Economic Area (EEA) by implementing directives and norms in the field, which aims inter alia to identify the problematic issues currently facing the EU and EEA police on child victims of trafficking in terms of identification and referral to specialized services; to create a common police procedure manual for the EU and EEA; and to promote and disseminate the manual in the EU and EEA, known as destinations for Romanian child victims of trafficking. The Government also indicates that the project “REVENI – Transnational Monitoring on the repatriation procedures of Romanian and Bulgarian child citizens” was conducted in 2010–12, in the framework of which a study was conducted considering the relevant legislation, specific regulations and practices regarding the protection of child victims and children at risk of being trafficked and which recommended the creation of a standardized procedure applicable to the 27 Member States of the EU promoting domestic and transnational coordination. The Committee requests the Government to pursue its efforts to combat the trafficking of children under 18 years of age for sexual and labour exploitation and to provide information on the progress achieved. Moreover, it requests the Government to provide information on the number of child victims of trafficking who were identified within the framework of these projects.

Clause (d). Identifying and reaching out to children at special risk. Roma and street children. In its previous comments, the Committee noted that, according to the Report of the Special Rapporteur, some children, mostly Roma, were involved in street begging, washing cars at dangerous intersections, loading and unloading heavy merchandise, or collecting waste products such as scrap iron, glass or paper, as well as in agriculture, including animal farming, and the construction sector (A/HRC/18/30/Add.1, paragraph 38). The children who were occasionally found on the streets were forced to beg or perform other activities in very difficult conditions and in unsafe environments, some for over eight hours per day, the majority of them having dropped out of school at an early age (paragraph 42). As for the children who were permanently living in the streets, they lived in inhuman conditions and experienced violent environments. The Committee noted that, in its concluding observations of 30 June 2009, the CRC, while noting the reported decrease in the number of children living in the streets, was concerned that many street children had to work for their sustenance, and said that the majority do not go to school and lack birth certificates (CRC/C/ROM/CO/4, paragraph 84). In this regard, the Committee noted that the Report of the Special Rapporteur indicated that the Government had recognized the issue of undocumented children who live in the streets and gave them temporary identification documents which allows them to go to school and have access to health services (A/HRC/18/30/Add.1, paragraph 45). However, the Special Rapporteur also reported that there were still cases of children deprived of identity documents, mainly among the category of street children and the Roma ethnic group (paragraph 46).

The Committee notes the Government’s information that the project entitled “Street Children Initiative” was implemented until December 2011, the results of which include the creation of nine shelters and five emergency centres with a capacity of 15 children per centre, and the training of 132 professionals. The Government indicates that, in 2012, 226 children were found living in the streets with their families, 236 children were found living in the street without their families, and 291 street children were found working. Moreover, the Government indicates that 1,748 services were provided to street children, including shelter and day care centres. In addition, 1,723 children were withdrawn from the streets and street work. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to pursue its efforts to protect children living and working in the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It asks the Government to continue providing information on the measures taken and the results achieved in this regard.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that, in its report communicated to the Office under the Minimum Age Convention, 1973 (No. 138), the Government indicates that Governmental Decision No. 867/2009 concerning the prohibition of hazardous work for children includes a prohibition on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to provide a copy of Governmental Decision No. 867/2009 with is next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Strategy against Trafficking in Persons 2006–10. The Committee previously noted that the Government had approved the elaboration of the National Strategy against Trafficking in Persons for the period 2006–10 (NSTP) by Decision No. 1654/2006. The Committee also noted that the National Authority for the Protection of Child Rights, a specialized body responsible for the implementation of the National Strategy against Trafficking in Persons contributed to the adoption of Government decisions for protecting and assisting victims of trafficking in persons. It requested the Government to provide information on the impact of the NSTP on combating the trafficking of children under 18 years of age, as well as on the measures adopted for the protection and assistance of child victims of trafficking pursuant to the Government decisions.

The Committee notes the Government’s information that the NSTP was implemented by the Directorate of Fighting Organized Criminality (DFOC) and the Directorate of Investigation of Organized Criminality and Terrorism (DIOTC). According to the Government’s report, child victims of trafficking are identified by the DIOTC and all data related to these victims are transferred to the National Agency against Trafficking in Persons (NATP) by the DFOC. These data include, among other things, information on the victims’ sex, citizenship, nationality, country of origin, country of residence, country of destination, way of exploitation, etc. Moreover, the Government indicates that, by virtue of Order No. 860/2008 concerning the approval of the National Strategy in the field of protecting and promoting child rights 2008–13, the National Steering Committee for the prevention and combating of child labour approved the Methodology on multidisciplinary and inter-institutional intervention for the child labourers and children at risk of child labour, child victims of trafficking and Romanian migrant child victims of other forms of violence on the territory of other states (methodology). By virtue of Order No. 335/2007, the National Mechanism of Identification of Trafficking in Persons (NMITP) was created in order to unify and coordinate all the institutions involved in combating trafficking and to improve the capacity to identify the victims of trafficking and assure their protection. The Committee notes the Government’s detailed information on the principles and procedures which govern the NMITP’s actions. Furthermore, the Committee notes the Government’s information that the joint efforts of all the national and international institutions led to a decrease concerning the extent of the phenomenon of trafficking. The Government indicates that efforts have been made in the last few years to fight against more organized criminal networks.

However, the Committee notes that the Government also indicates that the increased mobility of criminal groups and a more organized structure in their hierarchy have led to an increase in the number of identified victims of trafficking at the national level in 2010, as compared with that to 2009. In this regard, the Government indicates that the number of cases of internal child trafficking has almost doubled from 2009 when 97 child victims were identified, to 2010 when 179 child victims were identified. The Committee also notes that, in its concluding observations of 30 June 2011, the Committee on the Rights of the Child (CRC) expresses concern that the number of sexually exploited children, including foreign children trafficked within Romania is high, and the number of children trafficked from Romania to other European States has increased; and that internationally and internally trafficked girl victims of sexual exploitation are treated differently as they are sometimes seen as criminals (CRC/C/ROM/CO/4, paragraph 87). Moreover, the Committee notes that the Report of the Mission to Romania of the Special Rapporteur on contemporary forms of slavery of 30 June 2011 (Report of the Special Rapporteur), also indicates that children are trafficked internally and that, in most cases, their exploitation occurs in private dwellings, making such cases difficult to uncover (A/HRC/18/30/Add.1, paragraph 52). The Committee therefore requests the Government to redouble its efforts to combat the trafficking of children under 18 years of age for sexual and labour exploitation. It requests the Government to provide information on the number of child victims of trafficking who were identified by the NMITP, as well as on the data on child victims of trafficking that has been compiled by the NATP. Finally, it requests the Government to provide information on the impact of the Methodology on effectively identifying and protecting child victims of trafficking.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the information provided by the Government regarding the programmes for providing assistance to child victims of trafficking implemented within the ILO–IPEC programmes. The Committee also noted the Government’s statement that the Memorandum of Understanding between the Government and the ILO was extended to 2012. It noted that the second phase of the ILO–IPEC Programme on Trafficking and other Worst Forms of Child Labour in Central and Eastern Europe (PROTECT CEE), which aims to increase the number of direct beneficiaries, was being implemented.

The Committee notes the Government’s information that, as a result of the implementation of the ILO–IPEC PROTECT CEE programme, 422 children (236 boys and 186 girls) were withdrawn and 692 children (371 boys and 321 girls) were prevented from the worst forms of child labour. Out of the number of withdrawn children, ten were victims of trafficking (eight boys and two girls) and 13 were victims of commercial sexual exploitation (two boys and 11 girls).

Clause (d). Identifying and reaching out to children at special risk. Roma and street children. Following its previous comments, the Committee notes that, according to the Report of the Special Rapporteur, some children, mostly Roma, are involved in street begging, washing cars at dangerous intersections, loading and unloading heavy merchandise, or collecting waste products such as scrap iron, glass or paper, as well as in agriculture, including animal farming, and the construction sector (A/HRC/18/30/Add.1, paragraph 38). Moreover, the Special Rapporteur indicates that some children are found occasionally working on the streets, while others permanently live there. In both cases, these children are vulnerable to labour and sexual exploitation and are at great risk of being trafficked for illegal activities (paragraph 41). The children who are occasionally found on the streets are forced to beg or perform other activities such as washing cars, selling small goods, loading and unloading merchandise, collecting recyclable objects, stealing or resorting to prostitution. They do so in very difficult conditions and in unsafe environments, some for over eight hours per day, the majority of them having dropped out of school at an early age (paragraph 42). As for the children who are permanently living in the streets, they live in inhuman conditions and experience violent environments. The Special Rapporteur indicates that between 800 and 1,000 live in the streets of Bucharest and that, despite the existence of shelters in big cities, some of them do not accept minors and others are open only during the day and request identification documents (paragraph 43). The Special Rapporteur draws attention to the fact that Roma children are overrepresented in the total number of street children and that they are at the highest risk of becoming involved in the worst forms of child labour (paragraph 47).

The Committee notes that, in its concluding observations of 30 June 2009, the CRC, while noting the reported decrease in the number of children living in the streets, was concerned that many street children had to work for their sustenance, said that the majority do not go to school and lack birth certificates (CRC/C/ROM/CO/4, paragraph 84). In this regard, the Committee notes that the Report of the Special Rapporteur indicates that the Government has recognized the issue of undocumented children who live in the streets and gives temporary identification documents which allows them to go to school and have access to health services (A/HRC/18/30/Add.1, paragraph 45). However, the Special Rapporteur also reports that there are still cases of children deprived of identity documents, mainly among the category of street children and the Roma ethnic group (paragraph 46). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to redouble its efforts to protect children living and working in the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It asks the Government to provide information on the measures taken and the results achieved in this regard.

Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, in 2009, 1,113 reports and 953 confirmed cases of children involved in the worst forms of child labour were detected. These children were found to be in domestic work (65 confirmed cases), begging (642 confirmed cases), internal trafficking (42 confirmed cases), international trafficking (29 confirmed cases), forced labour (45 confirmed cases), prostitution (23 confirmed cases), street work (41 confirmed cases), and other illicit activities (22 confirmed cases). The Government also indicates that 623 children received support, 608 children received rehabilitation services, 292 children received medical aid, and 456 children received educational services. The Committee requests the Government to continue to provide updated statistics on the situation of children involved in the worst forms of child labour, including extracts from inspection reports, studies and inquiries, and statistical data 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, this information should be disaggregated by age and sex.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s statement that, according to Law No. 143/2000 on preventing and combating the use and trafficking of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee once again requests the Government to supply a copy of Law No. 143/2000 and the amendments made to it by Law No. 169/2002.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Strategy against Trafficking in Persons 2006–10. The Committee had previously noted that the Government had approved the elaboration of the National Strategy against Trafficking in Persons for the period 2006–10 by Decision No. 1654/2006. The Committee notes the Government’s statement that the National Authority for the Protection of Child Rights, a specialized body responsible for the implementation of the National Strategy against Trafficking in Persons contributed to the adoption of the following Government decisions for protecting and assisting victims of trafficking in persons:

–      Government Decision No. 860/2008 concerning the approval of the National Strategy in the field of protecting and promoting child rights 2008–13, including protecting vulnerable children such as child victims of labour and sexual exploitation, and child victims of trafficking;

–      Order No. 335/2007 for the approval of the national mechanism for identification and referral of victims of trafficking in persons;

–      Order No. 1951/2007 regarding the establishment, organization and operation of the working group for national coordination of the activities for the protection and assistance of victims of trafficking in persons; and

–      GD No. 1238/2007 regarding the approval of national specific standards for the specialized services for assistance and protection of victims of trafficking in persons.

The Committee requests the Government to provide information on the impact of the National Strategy against Trafficking in Persons 2006–10 on preventing and combating trafficking in children under 18 years. It also requests the Government to provide specific information on the measures adopted for the protection and assistance of child victims of trafficking pursuant to the adoption of the above Government decisions, and the results obtained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted the information provided by the Government regarding the programmes for providing assistance to child victims of trafficking implemented within the ILO–IPEC programmes. The Committee notes the Government’s statement that the Memorandum of Understanding between the Government and the ILO was extended to 2012. It notes the Government’s information that the second phase of the ILO–IPEC Programme on Trafficking and other Worst Forms of Child Labour in Central and Eastern Europe, which aims to increase the number of direct beneficiaries, is being implemented. It also notes the Government’s information on the following results achieved through this programme: a total of 1,117 children involved in street work, trafficking, hazardous work in agriculture, sexual exploitation and illicit activities benefited from this programme; an estimated 2,520 children benefited from the activities based on “SCREAM project – Supporting Children’s Rights through Education, Arts and Media”. The Committee requests the Government to continue providing information on the number of children withdrawn from the worst forms of child labour, in particular trafficking of children and rehabilitated within the framework of the ILO–IPEC Programme on Trafficking and other Worst Forms of Child labour in Central and Eastern Europe.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously requested the Government to provide further information on Law No. 268/13 of June 2003, according to which compulsory education had been extended to ten years. The Committee notes with interest that according to section 6 of the Law No. 268/13 of June 2003 compulsory education has been extended to ten years.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted the Government’s information on the PHARE multi-annual programmes aimed at improving access of children from disadvantaged groups to education. It had also noted the Government’s information that Romania is a member of the Roma Inclusion Decennium
(2005–15), which aims to reduce the existing socio-economic gaps between Roma minority and the rest of the society. The Committee notes the Government’s statement that the PHARE programme implemented several awareness-raising campaigns for parents on the negative consequences of exploitation of children, as well as a campaign on “prevention of street children phenomenon” targeting the parents in difficult situations whose children end up living in the streets. It also notes the Government’s information that in implementing the objectives of the PHARE project, the Government undertook the following measures:

–           eliminated segregated classes and schools;

–           provided a training programme for teachers;

–           increased the capacity of schools to treat issues of inclusion;

–           created district school inspectors to monitor national activities on inclusive education;

–           developed “second chance” programmes for Roma students to complete their schooling; and

–           improved the relationship between the schools, students, parents and the Roma community.

The Committee further notes that the PHARE project will be completed by the end of 2009. The Committee welcomes the measures taken by the Government under the PHARE project for improving access of children from disadvantaged groups to education. The Committee encourages the Government to continue to take similar measures to promote access of Roma children to education, thereby preventing them from being engaged in the worst forms of child labour and requests it to provide information on progress made in this regard. It also requests the Government to provide information on the impact of the Roma Inclusion Decennium in protecting Roma children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, during the reporting period, the territorial labour inspectorates filed 87 complaints regarding the violation of the provisions concerning the employment of children; for 77 cases the trials were under way; and for six cases administrative penalties were imposed. It notes that, during the period from 1 June to 31 December 2007, the labour inspectors carried out 44,476 inspections and identified 144 young people aged between 15 and 18 years working without a legal employment contract for which a fine of 14,453,900 (RON) Romanian New Lew were imposed on the employers. During the period from January 2008 to April 2009, the labour inspectors carried out 107,582 inspections, identified 275 young people aged between 15 and 18 years working without a legal employment contract, and imposed penalties on 244 employers for illegally using young people at work. The Committee notes that the above cases of illegal employment of children were found in the manufacture of textile and footwear, agriculture, construction, manufacture of wood, manufacture of grain mill products, food products, wholesale warehouses, street commerce activities, markets and in garages.

The Committee also notes the information provided by the Government on the number of cases of child labour reported to the National Steering Committee by the Child Labour Unit. According to this data, in 2007, 1,016 cases of child labour were reported, including 44 cases of external trafficking, 41 cases of internal trafficking, 45 cases of servitude, 18 cases of prostitution, 712 cases of begging, 16 cases of illicit activities, six cases of forced labour and 134 cases of non-observance of the provisions of the labour law. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries, and statistical data 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes due note of the detailed information provided by the Government in its report. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering a child for prostitution. The Committee had previously noted that section 235(3) of the Criminal Code provides for a higher penalty for the offence of procurement committed against a minor. It had requested the Government to indicate the definition of the term “minor”. The Committee notes the Government’s information that from the legal point of view, the terms “child” and “minor” are synonymous and interchangeable and are defined as “a human being below the age of 18 years”, according to section 4 of Law No. 272/2004 on the protection and promotion of children’s rights.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s information that, according to Law No. 143/2000 on preventing and combating the use and trafficking of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee once again requests the Government to supply a copy of Law No. 143/2000, and the amendments made to it by Law No. 169/2002.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. Following its previous comments, the Committee notes the Government’s information that a draft Government Decision on the Hazardous Work for Children has been finalized and currently in the process of endorsement. This draft decision contains a list of hazardous works that are harmful for the health, safety and morals of children. Moreover, the Committee notes with interest that the Government has adopted Order No. 753/2006 which now provides protection to young persons under 18 years from work likely to harm their safety, physical, mental or moral health, or social development. It also notes that, according to section 8(2) of the above Order, young persons shall be prohibited from work which is beyond their physical or psychological capacity; work involving harmful exposure to toxic, carcinogenic and harmful agents; work involving exposure to radiation; work involving risk of accidents; work exposed to extreme cold or heat, noise or vibration; and finally provides a list of work and processes, which are likely to entail specific risks for young people.

Article 5. Monitoring mechanisms. 1. National Authority for Protection of Child’s Rights. The National Authority for Protection of Child’s Rights (NAPCR) as a specialized body of the public central administration, subordinated to the Ministry of Labour, Family and Equal Opportunities, is invested with the mission to implement the national action plans approved by the Government and to coordinate, control and monitor the entire activity regarding the protection and promotion of children’s rights, including the sexual exploitation of children, sale and trafficking of children, use of children in the trafficking of drugs, etc. Within the framework of the Programmes of National Interest in the field of Promotion and Protection of Child Rights, the NAPCR initiated two projects to monitor the workplaces, educational institutions and risk areas for child exploitation. They are: Strengthening the Child Labour Monitoring System in Romania; and Strengthening the institutional capacity of the Child Labour Specialized Unit to combat the worst forms of child labour in Romania. Besides, the NAPCR elaborated a Framework methodology for prevention and network intervention in cases of child labour exploitation and trafficking. According to the data collected by the NAPCR, in 2006, 209 child victims were registered (155 labour exploited, including begging; 29 sexually exploited; and 14 children for committing offences), out of which 65 children were repatriated as unaccompanied minors and 144 children were victims of internal trafficking. In the first trimester of 2007, 129 cases of child labour exploitation and 278 cases of sexual exploitation of children were registered.

2. National Agency against Trafficking in Persons. The National Agency against Trafficking in Persons (NATP) established by GD No. 1058/2005 and which works in collaboration with the NAPCR established national coordination departments for preventing and combating trafficking in children. The main functions of the NATP include coordination, assessment and preventative activities related to trafficking in persons and monitoring assistance for victims of trafficking. The NATP has established 15 regional centres for the coordination of the activities in the field of trafficking in persons. The Committee also notes that, according to the data collected by the NAPCR, in 2006 the NATP registered 316 child victims of trafficking, out of whom 272 were girls between the ages of 14 and 17 years.

3. General Inspectorate of Romanian Police. The Committee notes the Government’s information that the General Inspectorate of Romanian Police (GIRP) was part of a working group comprising the National Anti-drugs Agency; Ministry of Health; Trade Union Confederations, etc., which elaborated a mechanism of monitoring the cases of exploitation of children. During April–May 2007, the GIRP elaborated a manual on police action to be taken in cases of disappeared children, and child victims of trafficking and pornography. The Committee notes the Government’s information on the statistics regarding trafficking provided by the Ministry of Interior. According to this data, the General Frontier Police registered a total of 1,000 repatriated children at risk, located in the territory of other countries. The General Directorate for Combating Organized Crime registered 366 children who are victims of trafficking, out of which 22 children were under the age of 14 years.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for Preventing and Combating Trafficking in Children for 2004–07. The Committee notes the Government’s information that the objectives of this Plan were accomplished mainly through the national interest programmes initiated and coordinated by the NAPCR. These programmes were implemented in 23 counties from 2005–06. The main outcomes of these programmes include the following: national coordination structures were created and strengthened; the national network of specialized services for emergency protection and assistance of repatriated unaccompanied children and child victims of trafficking was created and consists of 12 centres; awareness-raising activities were carried out for the public regarding trafficking in children and existing risks involved; minimum mandatory standards were created for transit centres; administrative measures were implemented to secure control at state frontiers/borders such as improving frontier check up, registering the children crossing the border, training frontier police to identify children suspected of being victims of trafficking, and to offer emergency support and refer them to the child protection system. It also notes the Government’s information that about 3,220 children and their families were provided with protection and emergency assistance within the 12 transit centres in 2005, out of whom 55 repatriated children were provided with direct support services, 2,720 children provided with prevention services on the risk of illegal migration, trafficking and exploitation, and 445 children in difficulty in the territory of other countries were provided services with a view to their repatriation. The Committee further notes the Government’s information that under this Plan of Action, a total of 2,514 child victims of trafficking (1,636 for sexual exploitation, 613 for labour exploitation, 240 for begging, and 25 for other types) were identified in 2006.

2. National Action Plan for Preventing and Combating Child Labour Exploitation 2005–06. Under this Action Plan, four intersectoral county teams for preventing and combating child labour exploitation in Bistrita Nasaud, Mures, Vrancea and Alba counties, eight specialized services for the children exploited through labour, and five centres for preventing child labour exploitation were established. The Committee notes the Government’s indication that approximately 200 children exploited through labour benefited from the services provided by the these centres and about 185 children were withdrawn from the worst forms of child labour.

3. National Strategy against Trafficking in Persons 2006–10. The Committee notes with interest the Government’s indication that it approved, by Decision No. 1654/2006, the elaboration of the National Strategy against Trafficking in Persons for the period 2006–10 in order to complete the provisions of the National Action Plan for Preventing and Combating Trafficking in Children. In the elaboration process, the provisions of the European Council Convention on the Combat against Trafficking in Human Beings, signed at Warsaw, and the European Union plan on the best practices, standards and procedures for combating and preventing trafficking in human beings were taken into consideration. The Committee requests the Government to provide information on the impact of this National Strategy against Trafficking in Persons on preventing and combating trafficking in children under 18 years.

Article 7, paragraph 2. Effective and time-bound measures. ILO/IPEC programmes in Romania. The Committee notes that the implementation of the ILO/IPEC programme in Romania started in 2000 and includes three phases: Phase I – National Programme 2000–04; Phase II – Regional Programme (PROTECT–CEE), 2004–07; and Phase III – Regional Programme 2007–09. It further notes with interest that, by the end of Phase I, a total of 1,881 children benefited from the programmes implemented, out of which 624 children were withdrawn from work (243 girls and 381 boys) and 1,257 children prevented from entering into work (599 girls and 658 boys). Moreover, 2,000 children received services indirectly either as members of the households targeted by action programmes or from the institutions or groups addressing child labour, and 753 families received support services including legal advice, counselling, vocational or skills training, income-generating activities, etc. It also notes the key outcomes of the projects carried out in Phase II (though most of the projects have been extended until the end of 2007): a total number of 1,338 children (617 girls and 721 boys) and 69 families had directly benefited from the projects, out of which 229 children (94 boys and 135 girls) were withdrawn and 1,109 children (627 boys and 482 girls) prevented from the worst forms of child labour, including trafficking; and a total of 350,709 children were estimated to have benefited indirectly.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Within PROTECT–CEE Regional Programme, Phase II, of the
ILO/IPEC programme, several programmes were implemented to reduce the vulnerability of children to trafficking by promoting educational activities and employment, and providing vocational training and access to the labour market for children and youth from marginalized communities. The programmes include: youth centres for reduced vulnerability to trafficking and for reinsertion of child victims of trafficking in Bucharest, Iasi, Botosani and Giurgiu (488 children prevented from becoming victims of trafficking; 70 children informed about child trafficking; 65 children withdrawn from trafficking and 97 children at risk benefited from non-formal education); creation of employment opportunities for children and youths in Bucharest, vulnerable to trafficking and for adults within their families (100 children and youths in technical and vocational schools provided employment); Support employment of youths and adults in marginalized communities in Iasi and Botosani, especially Roma (120 children vulnerable to trafficking and 30 adult members of the families of children vulnerable to trafficking benefited from training and career guidance programmes).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information provided by the Government regarding the programmes for providing assistance to the child victims of trafficking implemented within the ILO/IPEC programme. These programmes included:

(a)   improvement of the services offered to child victims of trafficking in Bucharest, Giurgiu, Iasi and Botosani (under this programme, 200 children (75 boys and 125 girls aged between 15 and 18 years) were withdrawn from internal and international trafficking and provided psychological and social counselling and vocational training);

(b)   strengthening the institutional capacity of the Child Labour Specialized Unit within the NAPCR to combat the worst forms of child labour, including trafficking in children; and

(c)   22 other micro-projects complementary to the abovementioned projects were also implemented. Within these micro-projects, a manual for psychosocial counselling and school reintegration for child victims of trafficking, and a manual for education and vocational counselling to reduce the vulnerability to trafficking of children from marginalized communities were developed.

The Committee also notes the Government’s information that within the social assistance and child protection services, initiated by the NAPCR and managed by the local public administration authorities, there are, at present, 51 emergency protection and assistance centres for child victims of sexual exploitation and internal trafficking; 22 specialized services for rehabilitation and social reintegration; and 12 transit centres for the protection and assistance of repatriated children in difficulty and child victims of trafficking. The Committee requests the Government to continue providing information on the number of children removed from trafficking and rehabilitated.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously requested the Government to provide further information on Law No. 268/13 of June 2003, according to which the compulsory education had been extended from eight to ten years. The Committee once again requests the Government to supply a copy of Law No. 268/2003.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes the Government’s information that the PHARE multi-annual programmes, aimed at improving access of children of disadvantaged groups to education, focuses on creating a resource centre, in every county for implementing the principles of inclusive education, and creating an environment in order that all children can be taught and educated, irrespective of the child’s cultural or socio-economical origin, maternal language or ethnic affiliation; and ensuring a second chance for children who did not finish their primary education. The Committee also notes the Government’s information that Romania is a member of Roma Inclusion Decennium (2005–15), an international initiation by the nine governments of Central and Eastern Europe, international organizations, and representatives of Roma civil society. This initiative aims to reduce the existing socio-economic gaps between Roma minority and the rest of the society, in ten years’ time. The Committee requests the Government to provide information on the impact of the PHARE programme and the Roma Inclusion Decennium in protecting Roma children from the worst forms of child labour.

Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the Government’s information that the agreement between Romania and Spain on cooperation in the field of protection of unaccompanied minors in Spain and their repatriation as signed on 15 December 2005, in Madrid and ratified by Law No. 294/2004 (published in Official Gazette No. 598/2006). This cooperation facilitates the data and information exchange in relation to the Romanian unaccompanied minor at risk in Spain, for which purpose a monitoring committee comprising of the officials from both the countries, will be established. The Committee also notes the Government’s information that the agreement with France on the protection and repatriation of unaccompanied Romanian children has been renewed and signed on 1 February 2007, in Bucharest, but is awaiting the approval through Government Decision. It further notes that the Romanian and Italian Governments are continuing the negotiation procedures for signing a bilateral agreement.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information on the number of labour and sexual exploitation cases involving children recorded by the general directorates of social assistance and child protection, and the labour inspection results. It notes that during the period from 1 January 2006 to 30 April 2007, a total of 106,421 inspections were carried out, 224 cases of illegal employment of children between the ages of 15 and 18 years were identified, and penalties of a total amount of 382,000 RON were imposed on 229 employers for illegally employing children. The Committee also notes the criminal prosecutions conducted against the perpetrators of child prostitution, trafficking, pornography and beggary. According to the data provided by the Government, in 2006, 22 cases related to the offence of pimping committed towards a minor (section 139 of the Criminal Code) were registered and during the first four months of 2007, 18 cases were registered for which legal proceedings are under way. The number of cases registered relating to the trafficking of children (section 13 of Law No. 678/2001) were 343, in 2006, and 128 cases during the first four months of 2007; for the offences of child pornography, 11 cases in 2006, and six cases during the first four months of 2007; and for the offence of using minors for begging, 25 cases in 2006 and two cases during the first four months of 2007. It also notes that in 2006, 187 persons were convicted for the offence of trafficking in persons; and 65 persons were convicted during the first trimester of 2007. Most of the punishments ranged from one to ten years’ of imprisonment. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that a new Criminal Code was adopted in 2004. It also notes the adoption of Law 272/2004 on the protection and promotion of children’s rights, which contains, inter alia, a chapter on protection of the child against any form of abuse, neglect or exploitation, including sexual or economic exploitation of any sort, drug use, kidnapping or any other forms of child trafficking. The Committee asks the Government to supply a copy of this law.

Article 3. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the Child Labour Report of 2003, drawn up by the Ministry of Labour in collaboration with ILO/IPEC, Law No. 678/2001 on the prevention of and fight against trafficking in human beings provided for specific sanctions for trafficking in minors and child pornography. The Committee had requested the Government to confirm whether Law No. 678/2001 was actually in force and to provide any other relevant information on recent measures taken to combat the trafficking of children. The Committee notes the Government’s information that Law No. 678/2001 is in force. The Committee also notes that section 205 of the new Criminal Code prohibits trafficking in minors, which is the activity of "procuring, transporting, conveying, lodging or taking over a person aged 15 to 18 in order to exploit that person". Subsection (2) provides for a higher penalty when the offence is committed against a person under the age of 15. Section 207 defines the term "exploitation of a person" used in section 205 as "the exaction of forced labour; keeping in slavery or other similar means of deprivation of freedom; coercion to prostitution, pornographic performances in order to produce and disseminate pornographic materials or other forms of sexual exploitation; obligation to practice begging; extraction of organs". The Committee takes due note of this information.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that section 235 of the new Criminal Code prohibits procurement defined as "the act of encouraging or facilitating the practice of prostitution or of acquiring benefits from the practice of prostitution by another person as well as the act of recruiting a person for prostitution or coercing a person to practise prostitution". Subsection (3) provides for a higher penalty when this offence is committed against a minor. The Committee requests the Government to indicate the definition of the term "minor" used in section 235 of the Criminal Code.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that, according to the Child Labour Report Romania 2003, Law No. 196/2003 on the prevention and fight against pornography prohibited involving, forcing, determining or using minors in activities with an obscene character. The Committee had asked the Government to confirm whether this law was actually enacted and in force. The Committee notes the Government’s information that Law No. 196/2003 has been modified by Law No. 496/2004 which has been enacted and in force. It also notes that section 237 of the new Criminal Code prohibits child pornography defined as "the act of displaying, selling or disseminating, renting, distributing, manufacturing or producing in any other manner, transmitting, offering or making available or of possessing in order to disseminate child pornography material". Section 238 prohibits child pornography through computer systems. The Committee also notes that subsection (2) of section 239 stipulates that for the purposes of sections 237 and 238, child pornography material means "any material presenting a minor having explicit sexual behaviour or an adult who is presented as a minor having explicit sexual behaviour or images that, although not presenting a real person, simulate, credibly, a minor having explicit sexual behaviour". The Committee asks the Government to provide a copy of Law No. 496/2004.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously requested the Government to indicate whether the national legislation prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties. The Committee notes that section 368 of the new Criminal Code prohibits the use of a child in begging and section 369 punishes persons who urge or facilitate the begging of minors or have benefits from it. The Committee also notes that sections 386-389 deal with a range of drug-related offences, including the acts of cultivating, producing, offering, selling, distributing, transporting, buying, possessing or other operations with drugs and precursors as well as supplying toxic chemical inhalants to a minor.

The Committee further notes the Government’s information that, according to Law No. 143/2000 on preventing and combating the use and traffic of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee requests the Government to provide a copy of this law. It also asks the Government to indicate the definition of the terms "child" and "minor" for the purpose of sections 368 and 369 of the Criminal Code.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that section 13(5) of the Labour Act states that employment in difficult, harmful or dangerous workplaces can be carried out after reaching the age of 18 years old, and that these workplaces shall be established by a Government Decision. It had also noted that section 184(1) of the General Norms of Labour Protection provides that young persons must be protected against risks specific to their health, safety and development, and risks which result from their lack of experience, absence of awareness of existing risks or the fact that young persons have not yet fully matured. The Committee had further noted that the General Norms of Labour Protection list a number of activities prohibited for persons under the age of 18. The Committee had requested the Government to indicate the measures taken or envisaged to protect young persons under 18 from work that may be harmful to their morals. It had also asked the Government to inform it of developments regarding the adoption of any regulation under section 13(5) of the Labour Code. The Committee notes the Government’s indication that the list of dangerous categories of work is currently under elaboration and, after consultation with the employers’ and workers’ organizations, it shall be subject to a Government Decision. The Committee trusts that the Government, in elaborating the list of hazardous types of work, will give due consideration to relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It requests the Government to keep it informed on the progress made in adopting the list of hazardous types of work and to provide a copy of it once it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where the types of hazardous work determined exist. The Committee notes the Government’s information that the Government Decision No. 1769/2004 on approving the National Action Plan for the elimination of children’s exploitation by work was adopted. According to this plan, the labour inspection, together with other institutions and organs, is involved in the following actions:

-  creating, testing and finalizing a unique mechanism of monitoring the workplaces, educational institutions and geographical areas with the risk of exploitation of children;

-  consolidating already existing mechanisms for the fight against exploitation of children;

-  organizing training programmes;

-  using information and communication campaigns on the dimension, the nature and the implications of the worst forms of child labour.

The Committee asks the Government to continue to provide information on the implementation of the National Action Plan as well as other measures taken to identify where the types of work determined as hazardous exist, as required by Article 4, paragraph 2 of the Convention.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on details of the mechanisms to enforce the provisions of the Criminal Code relevant to the worst forms of child labour. The Committee notes the Government’s detailed information on the activities of the General Directorate of the Bucharest Police. In particular, it notes that the following cooperation documents were concluded: cooperation protocol on preventing and counselling the victims of trafficking in persons between the Police Inspectorate of the Bistrita Nasaud County and a number of NGOs; and cooperation protocol on preventing the trafficking in persons between the Police Inspectorate of the Bistrita County and the School Inspectorate of the Bistrita Nasaud County, the General Directorate for Social Assistance and Child Protection of this County and a number of NGOs. The Committee also notes the Government’s information that a project "Cooperation between the public and private sectors regarding the prevention of trafficking and sexual exploitation of children in hotels and tourism" has been launched by the Institute for Crime Research and Prevention, the Organization "Save the children", the National Association of Tourism Agencies, the Federation of Romanian Hotels, OSCE and the Organization "Respect" of Austria.

The Committee further notes an Inter-Ministerial Group against Trafficking was established by Government Decision 299/2003 under the National Committee for Crime Prevention. This group meets on a monthly basis and its objectives include: analysis of causes, structure, state and dynamics of trafficking; proposals for modifying the legislation; support of local programmes on preventing and combating trafficking. It also notes that a Sub-Group for Preventing and Combating Trafficking in Children was established in 2003. The Committee asks the Government to continue to provide information on the activities of the monitoring mechanisms to enforce the provisions relevant to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The National Plan of Action for Preventing and Combating Trafficking in Children for 2004-2007. The Committee notes the Government’s information that a National Plan of Action for Preventing and Combating Trafficking in Children for 2004-2007 was adopted by Government Decision No. 1295/2004. Its main objectives are: evaluation and analysis of the current dimensions of trafficking in children; identification of the shortcomings of the legal framework, the issues regarding the law enforcement and proposals for improving it; information of the population about the risks involved and awareness raising; development of the services system for supporting vulnerable families, especially in the high risk illegal migration areas; establishment of a national network for protection, rehabilitation and social integration of child victims of trafficking; training of personnel that deal with this issue; secure border control; national and international cooperation on preventing and combating child trafficking and protection of victims. The Committee asks the Government to keep it informed on measures taken to effectively implement this plan of action and on its impact on preventing and eliminating the trafficking of children under the age of 18.

2. The National Plan on Preventing and Combating Child Sexual Abuse and Child Sexual Commercial Exploitation for 2004-2007. The Committee notes the Government’s indication that a National Plan on Preventing and Combating Child Sexual Abuse and Child Sexual Commercial Exploitation for the period 2004-2007 was approved by Government Decision 1504/2004. It asks the Government to provide more detailed information on this national plan and its impact on preventing and combating the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s detailed information on the number of criminal cases investigated by the police. It asks the Government to keep it informed on the practical application of the penal sanctions for the offences related to the worst forms of child labour, in particular, as provided in sections 205, 235, 237, 238, 368, 369, 386 and 387 of the Criminal Code.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes that, according to the Report submitted to the Commission on Human Rights by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit (E/CN.4/2005/78/Add.2 of 26 January 2005, paragraphs 32-34), 1,034 unaccompanied Romanian children were repatriated in 2003 from 25 European countries, mostly form Italy, France, Belgium, Germany and Austria. Four hundred and two of them were interviewed and 93 stated they were victims of trafficking. Most of the trafficked children are between 15 and 17 years old. Girls are mainly trafficked for sexual exploitation and boys for labour exploitation. The Committee also notes the Government’s information that measures are being taken to provide for the rehabilitation and social integration of child victims of trafficking. For instance, 127 child victims of trafficking were assisted in 2004, out of which 33 boys and 94 girls. The Committee nevertheless must express its concern over the number of children trafficked for sexual or labour exploitation. It reminds the Government that the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 7, paragraph 2(b) of the Convention, member States are required to take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee accordingly invites the Government to redouble its efforts to improve the situation. It asks the Government to provide information on progress made in this regard.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously noted that, according to the Comprehensive Child Labour Report Romania of 2003, compulsory education had been extended from 8 to 10 years by Law No. 268/13 of June 2003, modifying Education Law No. 84/1995. It had requested the Government to provide further details regarding Law No. 268/13 of June 2003, and to supply a copy of it. Noting the absence of information on this point, the Committee once again requests the Government to provide a copy of Law No. 268/2003.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that access to education for Roma children had been facilitated by the Ministry of National Education, in compliance with Order No. 4562/1998. It had also noted that the Foundation ECHOSOC (NGO), in collaboration with the Ministry of Education and Research, UNICEF and the PHARE programme, was responsible for the implementation of a programme in order to remove Roma children from the streets and to rehabilitate them. The Committee had requested the Government to supply further information on this educational initiative for Roma children, especially in relation to its aim of preventing the potential occurrence of the worst forms of child labour, together with any other measures taken to protect and rescue Roma children from the worst forms. The Committee notes the Government’s information that Roma families and implicitly their children benefit from the guaranteed minimum income, grants-in-aid for large families and grants-in-aid for single parent families. It also notes the Government’s indication that the Specialized Public Services for Child Protection will run specific programmes for Roma children and families aimed, inter alia, at: providing social assistance and psychological counselling services for economically exploited children; training of Roma women on health issues; support for professional training and orientation for young Roma people; social reintegration of children in difficulty; prevention of HIV/AIDS infection and other sexually transmitted diseases; prevention of drug use among street and Roma children. The Committee asks the Government to provide further information on the implementation of these programmes and other time-bound measures taken to protect Roma children from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. Child victims of commercial sexual exploitation. The Committee notes that, according to the Report submitted to the Commission on Human Rights by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit (E/CN.4/2005/78/Add.2 of 26 January 2005, paragraphs 43-45), growing information and attention is being paid to internal trafficking, triggered by the growing visibility of prostitution. Sex services are widely advertised and girls under the age of 18 in the hands of mafia rings are involved in prostitution. Women and girls are being sold from pimp to pimp and the next step for many of these girls and young women is international trafficking. They are forced into prostitution in Romania for one or two years and, once they believe they are not worthy human beings and prostitution is their only option, they are considered "ready" for being trafficked abroad. The Committee expresses its serious concern over the growing number of girls being involved in commercial sexual exploitation. It requests the Government to redouble its efforts to improve the situation. The Committee also asks the Government to provide information on the effective and time-bound measures taken to provide direct assistance to girls under the age of 18 who are victims of commercial sexual exploitation and the impact of such measures on their rehabilitation and social integration.

Article 8. International cooperation and assistance. The Committee notes the Government’s information on a number of activities undertaken by the Romanian authorities in the framework of Agreement between the Romanian Government and the French Government "on cooperation with regard to the protection of the Romanian children in difficulty on the French territory and on their return in the country of origin and fight against the exploitation networks" signed in 2002. In particular, it notes that in 2004 the National Authority for Child’s Rights Protection initiated a National Interest Programme aimed at the protection of repatriated children and child victims of trafficking. This programme was funded by the state budget and ran during 2004 and the first trimester 2005. Ten transit centres for the protection and assistance of repatriated unaccompanied children and victims of trafficking were established with a total capacity of 107 accommodations. The Committee also notes that in 2005 the National Authority for Child’s Rights Protection launched a second National Interest Programme in order to extend and improve the functioning of the national specialized services network on protection and assistance of repatriated unaccompanied children and child victims of trafficking. The Committee further notes the Government’s indication that agreements with Italy and Spain on the issues of illegal migration and trafficking in children are under legal proceedings for signing. The Committee requests the Government to keep it informed of developments regarding the signing of these agreements.

Parts IV and V of the report form. The Committee notes the Government’s statistical information on the number of minors who engage in prostitution and who are victims of the offence of procuring. It notes that in 2004 the number of child victims of procuring decreased by 57.7 per cent as compared to 2003. The Committee also notes the statistical data on child victims of trafficking, including the main purposes of trafficking (prostitution, begging, thefts and illegal work) and the main countries of destination of victims. It notes that 313 cases of trafficking in persons were investigated in 2004 and 683 such cases were investigated during the first trimester of 2005, of which 83 per cent were cases of external trafficking. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports, 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its first and second reports. The Committee would like to draw the Government’s attention to the following points.

Article 1 of the Convention. Immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that Romania signed a Memorandum of Understanding with IPEC/ILO in June 2000 which was revised in June 2002 for a five-year period. The Committee also notes that, according to the Government’s report, Romania does not have a law exclusively dealing with children or minors, but that the drafting of a comprehensive law on the protection of children which will include provisions aimed at preventing and combating child labour is underway. The Committee requests the Government to continue providing information on these different measures, and on any other measure taken or envisaged to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that the Child Labour Report of 2003, drawn up by the Ministry of Labour in collaboration with ILO/IPEC, mentions that sections 13 and 18 of Law No. 678/2001 on the prevention of and fight against trafficking in human beings provide specific sanctions for trafficking in minors and child pornography. Section 13 defines trafficking as the recruitment, transportation, transfer, and hosting or receiving of persons under the age of 18 with the purpose of his/her exploitation. The Committee notes from the Government’s report submitted to the Committee on the Rights of the Child that a non-governmental initiative (Save the Children, in cooperation with the International Social Service) has led to investigations and programmes aimed at ascertaining problems related to this phenomenon and to assist children in such situations. It also notes that through such programmes, 362 international cases have been solved, including 147 unaccompanied minors. Most unaccompanied minors who flee to a different country are aged 15-17 (85 per cent). The Committee also notes with interest that Romania is participating in a Multi-Bilateral Programme of Technical Cooperation, entitled "Combating Trafficking in Children for Labour and Sexual Exploitation in the Balkans & Ukraine", with the assistance of IPEC. This initiative reflects the fact that trafficking in children is one of the major concerns among the worst forms of child labour in Romania. The project document depicts the situations in Romania and the other project countries, noting that "Albania, Moldova, Romania and Ukraine are among the most seriously affected by the problem of trafficking in children in south-eastern Europe and have therefore been selected as the countries to be targeted in this project". While data on the magnitude of trafficking is scarce, not only in Romania but in the countries in the subregion, it is reported that the International Office of Migration assisted 6,222 victims from 1999 to 2002, of which 23 per cent were minors when repatriated. The proportion of minors among those assisted rose from 20.73 per cent in 2001 to 35.55 per cent in 2003. The victims are generally girls and boys aged 14-17. The Committee requests the Government to confirm whether Law No. 678/2001 on the prevention and fight against trafficking in human beings (mentioned in the Comprehensive Child Labour Report Romania, 2003) is actually in force, and if so, to provide a copy as well as specific information about the relevant provisions and applicable penalties pursuant to it, as well as provide any other relevant information on recent measures taken to combat the trafficking of children in Romania.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 329(1) of the Criminal Code provides that encouragement or coercion to prostitution, as well as the recruitment of persons for prostitution carry penalties of 2-7 years’ imprisonment and the interdiction of certain rights. The Committee also notes that subsection (2) stipulates that if the action mentioned in subsection (1) is committed against a minor, the sanction is 3-10 years’ imprisonment and the interdiction of certain rights. The Committee requests the Government to provide further details on what the definition of a "minor" is under the Penal Code, and in particular, in section 329(2). It also requests the Government to indicate whether there is any other provision that specifically covers the use, procuring or offering of both boys and girls under the age of 18 years for prostitution, and if so, to supply a copy of it.

2. Pornography. The Committee notes that section 325 of the Penal Code includes sanctions with imprisonment of between 1 month and 3 years for the selling or circulating, as well as the manufacturing or possessing in order to circulate of obscene objects, drawings, writings or other such materials. It also notes that the Child Labour Report Romania 2003 mentions that Law No. 196/13.05/2003 on the prevention and fight against pornography provides in particular that involving, forcing, determining or using minors in activities with an obscene character are sanctioned by imprisonment and some restrictions of civil rights. The Committee requests the Government to confirm whether this law is actually enacted and in force, and, if so, to provide the text of the relevant provisions and in particular details on the definition of a "minor". The Committee also requests the Government to indicate whether section 325 of the Penal Code sanctions the use, procuring or offering of a person under 18 years for the production of pornography.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government, in its report submitted to the Committee on the Rights of the Child, recognizes that after 1989, with the opening up of borders and due to Romania’s geo-strategic position, the transiting, production, commercialization and consumption of drugs has become a part of everyday life. In particular, it has been noted that high school students have increasingly become drug consumers. The Committee notes that, in order to limit the expansion of this phenomenon, a number of projects have been initiated with the national authorities, NGOs and the Council of Europe. It notes that section 312 of the Penal Code sanctions drug trafficking. Law No. 61/1991, as revised, stipulates in section 2 that serving alcoholic drinks to minors in public places constitutes an offence. The Committee requests the Government to indicate which provision prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, and to indicate the measures taken to secure the prohibition and elimination of such illicit activities involving children under the age of 18.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes that section 13(5) of the Labour Act states that employment in difficult, harmful or dangerous workplaces can be carried out after reaching the age of 18 years old, and that these workplaces shall be established by a Government decision. The Committee also notes that section 184(1) of the General Norms of Labour Protection provides that young persons must be protected against risks specific to their health, safety and development, and risks which result from their lack of experience, absence of awareness of existing risks or the fact that young persons have not yet fully matured. The Committee requests the Government to indicate the measures taken or envisaged to protect young persons under 18 from work that may be harmful to their morals, in accordance with Article 3, clause (d), of the Convention.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that the Government in its report states that Romania has not yet defined the "worst forms of work". The Committee notes, however, that its first report mentions that the following activities are prohibited for persons under the age of 18, according to the General Norms of Labour Protection: the handling of dangerous materials or products, such as painting jobs, that involve the use of toxic chemicals with a high lead concentration, working at great heights, forestry, mining, petroleum and metal exploitation, automobile, naval or aircraft transportation, exploitation and maintenance of roads and bridges. The Committee also notes that section 184(2) of the General Norms of Labour Protection provides that the following activities are forbidden for persons under the age of 18 years: noxious exposure to toxic or cancerous agents, exposure to radiation, involvement in activities which present risks of accidents that the young person cannot identify, to be put in danger as a result of exposure to extreme heat or cold, noise and vibrations, noxious exposure to certain biological and chemical agents, and other activities including: animal slaughtering, manipulation of explosives and electric risks. The Committee recalls that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to paragraph 3 of Recommendation No. 190, which provides for a list of hazardous work to which consideration should be given, including, for example, work which exposes children to physical, psychological or sexual abuse. The Committee asks the Government to inform it of developments regarding the adoption of any regulation under section 13(5) of the Labour Code, and trusts that due consideration will be given to paragraph 3 of Recommendation No. 190 in this regard. It also requests the Government to provide information on consultations that are held thereon with the organizations of employers and workers concerned.

Paragraph 2. Measures taken to identify where the types of work so determined exist. The Committee notes that IPEC aims to support the Government in conducting a qualitative and quantitative survey, in order to evaluate the nature and the magnitude of the child labour phenomenon. The purpose of this survey is to provide data on the involvement of street children in Bucharest in the worst forms of child labour. In the first stages of the survey, the worst forms of child labour, their contents and the working conditions, as well as the socio-demographic characteristics of the target population were identified. The Committee notes that in the IPEC/ILO document Working street children in Bucharest: A rapid assessment it is stated that the survey focused on forms of child labour with a high incidence within the sample population: begging, car washing at intersections or garages, collecting recyclable waste products, loading and unloading heavy goods, household work and selling goods. The Committee notes that this document mentioned that it was difficult to find out about less visible forms of child labour such as sexual exploitation, stealing, etc. The Committee requests the Government to continue providing information on the measures taken to identify where the types of hazardous work determined exist, and to communicate the results.

Paragraph 3. Examination and periodical revision of the types of hazardous work. The Committee recalls that Article 4, paragraph 3, of the Convention provides that the list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of the types of work, as soon as it is adopted.

Article 5. Appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes with interest that according to the Government’s report, with the assistance of the ILO/IPEC programme, structures have been set up to investigate and monitor the worst forms of child labour in Romania. The Committee notes that the "National Steering Committee on the Elimination of Child Labour", established to further the Memorandum between the ILO and the Ministry of Labour and Social Solidarity, is composed of representatives from the National Authority for Child Protection and Adoption (NACPA), the Ministry of Labour and Social Solidarity, the Ministry of Education and Research, the Ministry of Health and Family, the Ministry of European Integration, the General Police Inspectorate, organizations of employers and workers, non-governmental organizations and universities. The "National Steering Committee" is responsible for monitoring and supervising the implementation of programmes against the worst forms of child labour. It also notes that "special units on child labour" have been set up in the Ministry of Labour and Social Solidarity, in the Labour Inspection Unit, and in the NACPA. These "special units on child labour" are responsible for investigating and monitoring child labour in Romania. A "National Consulting Group on Child Labour" is composed of members from the special unit on child labour of the Interdisciplinary Central Team of Trainers in the field of child labour. Trade unions and employers’ organizations are represented in the National Steering Committee. The Committee requests the Government to provide further information on details of the mechanisms to enforce the provisions of the Criminal Code relevant to the worst forms of child labour under Article 3(a) to (c) of the Convention, with particular reference to the tripartite consultations that have taken place in accordance with Article 5 of the Convention. The Committee also requests the Government to supply any extracts of reports or documents showing the functioning and accomplishments of these mechanisms in monitoring the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the information provided by the Government in its report, according to which many programmes of action are currently being undertaken or are being planned for the future. The following are some of these programmes. The National Action for the Prevention and Elimination of Child Labour in Romania was initiated in 1999. The programme started in March 2000 and its operation has been extended until September 2003. Special Units on Child Labour and an Interdisciplinary Central Team of Trainers are responsible for monitoring and investigating on child labour. The Labour Inspectorate is implementing a training programme for labour inspectors and police officers to combat the worst forms of child labour. The Ministry of Education and Research, with the Centre of Education and Professional Development, is trying to increase the children’s schooling rates to prevent and eradicate child labour in rural areas. The NACPA is developing the institutional capacity of public services specialized in child protection and combating the worst forms of child labour. The Government strategy concerning the protection of the child in difficulty (2001-04) recognizes child labourers as a specific category to be dealt with for the first time in Romanian legislation. The Committee requests the Government to continue supplying information on programmes, including more information on any steps taken or envisaged to ensure coordination among the wide-ranging programmes in a comprehensive manner to tackle each of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes with interest the Government’s statement in its report that the National Steering Committee is composed of representatives of NAPCA, the Ministry of Labour, Social Solidarity and Family, the Ministry of Education, the Ministry of European Integration and the Labour Inspection. This Committee coordinates and supervises programmes and actions in order to prevent and eliminate child labour in Romania. The Committee notes this is done by the development of the institutional capacities of the Specialized Public Services for the Protection of the Child (SPSPE) through training courses for specialists and the introduction of supervisory and coordinating machinery. They also focus on increasing the awareness of a broader public, including children, parents and community leaders, to understand the concept of child labour and the consequences of its worst forms on the development of children. The Committee notes the Government’s statement that, during the period 2001-04, the Labour Inspectorate carried out a campaign with a view to increasing the degree of awareness of employers of child labour and the necessity to comply with the relevant legal provisions with a view to the progressive elimination of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report, according to which the preliminary results on the target group children working in the street, in rural areas, and children at risk of dropping out of school, are the following: 1,598 children have been removed from child labour or prevented from engaging prematurely in child labour. The Committee notes that 315 street children (188 boys and 127 girls) were removed from labour, and 1,283 children were prevented from engaging in labour (664 boys and 619 girls).

Clause (c). Access to free, basic education. The Committee notes that, according to the Comprehensive Child Labour Report Romania of 2003, compulsory education has been extended from 8 to 10 years by Law No. 268/13 of June 2003, modifying Education Law No. 84/1995. The Committee requests the Government to provide further details regarding Law No. 268/13 of June 2003, and to supply a copy of it.

Clauses (d) and (e). Identify and reach out to children at special risk. Take account of the special situation of girls. The Committee notes, from the report submitted by the Government to the Committee on the Rights of the Child, that access to education for Roma children has been facilitated by the Ministry of National Education through the measures of positive discrimination in compliance with Order No. 4562/1998. The Foundation ECHOSOC (NGO) in collaboration with the Ministry of Education and Research, UNICEF and the PHARE programme (which aims to improve the situation of Romas in Romania), is responsible for the implementation of a programme in order to remove Roma children from street labour and to rehabilitate them. The Committee requests the Government to supply further information on this educational initiative for Roma children, especially in relation to its aim of preventing the potential occurrence of the worst forms of child labour, together with any other measures taken to protect and rescue Roma children from the worst forms, including extracts of documents, reports from programmes, or disaggregated information on Roma children. The Committee requests the Government to continue providing further information on the activities and on any specific measures taken by these authorities to give effect to Article 7(2)(a) to (e) to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government’s reports contain no information on this point. The Committee requests the Government to indicate the authority or authorities designated, in accordance with paragraph 3, responsible for the implementation of the provisions giving effect to the Convention, and by what methods such implementation is undertaken.

Article 8. International cooperation and/or assistance. The Committee notes with interest the information provided by the Government in its report, according to which the NACPA has given support to cooperation between various donors in the domain of protecting the child. An example is the American-Romanian partnership for protecting the child for 2001-05/ChildNet programme, which is being implemented by USAID, NACPA and World Learning. The Committee also takes note of the assistance provided by ILO/IPEC as being one of the principal measures taken to implement the Convention regarding many of its provisions. The Committee also notes the Government’s statement that, in conformity with the provisions of Article 8 of the Convention, Decision No. 829/31.07.2002 was adopted concerning the National Plan against Poverty and the Promotion of Social Inclusion. The Committee notes that the Romanian Penal Code contains the principle of extraterritoriality. Section 4 states that the criminal law applies to crimes committed outside Romania, if the perpetrator is a Romanian citizen or if, possessing no citizenship, the perpetrator has residence in Romania. The Committee requests the Government to provide further information regarding the procedural operation of the extraterritorial jurisdiction under section 4 of the Penal Code, and whether it has been used to prosecute Romanian citizens or residents who commit sexual offences against children under 18 or use them in other worst forms of child labour covered by the Convention outside Romania. The Committee also requests the Government to continue providing information on the steps taken to assist one another in giving effect to the provisions of this Convention.

Part III of the report form. The Committee notes the statement of the Government in its report that no court of law or other tribunals have given decisions involving questions of principles relating to the application of the Convention. The Committee requests the Government to continue providing information on decisions of tribunals which would involve questions of principle involving relating to the application of the Convention.

Part IV of the report form. The Committee notes that the Comprehensive Child Labour Report Romania, dated September 2003, provides information on the magnitude and types of the worst forms of child labour in the country and on some of the practical difficulties encountered in the application of the Convention. The report also contains figures deriving from a short pilot project concerning the worst forms of child labour, during which 489 cases of children employed in the worst forms of child labour were identified. The Committee notes, according to the information provided by the Government in its report, that distribution by age groups of children being employed in the worst forms of child labour shows that the highest rate is in the age group between 11 and 14 years old (46 per cent), followed by the age group 16-18 years (25 per cent), and the group 7-10 years (15 per cent). There is no significant difference between the number of children identified in the urban and the rural areas. The principal places where children involved in the worst forms of child labour were found are: in streets, in households, in businesses, agriculture, stations, markets. The main types of work in which they were involved were begging, prostitution, pornography, work in a noisy environment, and the handling of loads.

The Committee encourages the Government to continue its efforts to assess the practical application of the Convention and keep reporting on their results. The Committee asks the Government to supply full information on the results of the labour inspection concerning worst forms of child labour, including extracts of reports and statistics. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, to indicate any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee notes that a rapid assessment survey was conducted in Romania with the assistance of IPEC on working street children in Bucharest. The survey identified the main factors that had an impact on the phenomenon to explain how street children become engaged in the worst forms of child labour and provided the basis for the identification of strategies for the elimination of child labour. The Committee encourages the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and 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, the number and nature of infringements reported, and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.