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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (b) and (d). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, and reaching out to children at special risk. Migrant children. The Committee notes the Government’s indication, in its report, concerning the launch of a programme in partnership with UNICEF, which aims to provide support services to children affected by migration in Kazakhstan. The Government further indicates that the programme reached 1,273 children who received social, legal and psychological assistance. In addition, the Government indicates that in 2021, 103 migrant and refugee children without parental care received assistance from youth orientation centres and centres for children in difficult situations. The Government also refers to the elaboration of the manual for the delivery of protective services to children affected by migration for state bodies and civil society organizations. The Committee requests the Government to continue to take measures to ensure the identification and protection of children at special risk, including migrant and refugee children. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of children who have been identified as at risk, and who have benefited from appropriate protection and assistance.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Observation and direct request.

The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex, received on 31 August 2022.

Article 3(a) of the Convention. Trafficking of children. The Committee observes the Government’s indication, in its report, that Kazakhstan remains a source, transit, and destination country for victims of trafficking in persons, including children. The Committee also observes that the Plan of Action to Prevent and Combat Trafficking in Persons Offences for 2021-2023 provides for activities to prevent, detect, and suppress offences related to trafficking of children. The Committee further observes from the Government’s report that the maximum term of imprisonment for trafficking of children was increased from seven to nine years by the Act No. 292-V of 27 December 2019 amending section 135 of the Criminal Code. The Government indicates that in 2021, there were 10 cases of investigations under section 135 of the Criminal Code resulting in the conviction of 21 persons, out of which 15 persons were sanctioned to imprisonment. The Government also refers to the elaboration of a draft Act on combating trafficking in persons. The Committee requests the Government to pursue its efforts to ensure that all cases of child trafficking are subject to thorough investigations with a view to ensuring that perpetrators are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. The Committee also requests the Government to provide information on any developments made in respect of the elaboration and adoption of an Act on combating trafficking in persons and indicate its provisions as regards child trafficking. It also requests the Government to continue to provide information on the application of section 135 of the Criminal Code in practice, including the number of investigations, prosecutions, convictions, and penal sanctions applied.

Article 3(c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Trade Union of Workers in the Fuel and Energy Complex, in its observations, refers to cases of the recruitment of children as distributors of drugs and a lack of information concerning the measures taken by the Government to prevent and suppress such practices. The Committee further notes that according to section 132 of the Criminal Code, the involvement of a child in the commission of a criminal offence is punishable with imprisonment of three to six years. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the elimination of practices of the use, procuring or offering of a young person under 18 years of age for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee requests the Government to provide information on the application of section 132 of the Criminal Code in practice as regards the offences related to the use, procuring or offering of a child for the production and trafficking of drugs, including the number of investigations, prosecutions, convictions, and penal sanctions applied.

Article 3(d) and application of the Convention in practice. Hazardous work on tobacco and cotton plantations. The Committee observes that the Action Plan for the Elimination of Child Labour for 2020-2022 and the Plan of Action to Prevent and Combat Trafficking in Persons Offences for 2021-2023 provide for activities to prevent child labour, including in cotton fields, tobacco plantations, construction and other sectors. The Committee also notes the Government’s statement that measures have been taken to eradicate child labour in the tobacco and cotton industries.

The Committee further notes that the Trade Union of Workers in the Fuel and Energy Complex refers to the findings of a sociological survey undertaken in the Pavlodar region of Kazakhstan, according to which 34 per cent of respondents aged of 12 years and above were engaged in the agricultural and construction sectors, including working excessive working hours. The Committee also notes that in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern that, despite the efforts made by Kazakhstan, child labour by migrant and Kazakh children persists, including in tobacco, cotton and agriculture farms (E/C.12/KAZ/CO/2, para. 38). The Committee requests the Government to strengthen its efforts to protect children from hazardous work in agriculture, particularly in cotton and tobacco plantations, and provide information on the number of inspections carried out in these sectors. It further requests the Government to provide information on the results of these inspections, including the number of violations detected and penalties applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee observes from the Government’s indication that children of foreigners and stateless persons permanently residing in Kazakhstan have equal rights to education as citizens of Kazakhstan (section 8(2) of the Act on Education of 2007). The Government also indicates that the local authorities ensure school placement of migrant children. According to the Government, in the 2020–21 education year, 20,367 migrant children studied at schools in Kazakhstan.

The Committee notes that in its 2019 concluding observations, the CESCR expressed concern, while recognizing the efforts made by Kazakhstan, that there are large regional disparities in access to and the quality of education and many children of unregistered migrants do not have access to education or schoolbooks (E/C.12/KAZ/CO/2, paras 48(a)(e) and 49(a)). The Committee further observes from the United Nations Educational, Scientific and Cultural Organization (UNESCO) Institute for Statistics that the total number of out-of-school children of primary and lower secondary school age increased from 17,080 in 2019 to 145,271 in 2020. Recalling that access to free basic education is key in preventing the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that all children have access to free basic education, including migrant children. It also requests the Government to provide statistical information on school enrolment, completion and dropout rates at the primary and lower secondary levels. To the extent possible, this information should be disaggregated by age, gender and national extraction.

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

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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s information that from September 2014, the “Road to School” initiative was extended to all regions in the country so as to reach all school-age children. This initiative, which was designed to provide financial and material support to socially disadvantaged students from low-income families, reached 486,948 children in 2014. The Committee also noted that the Ministry of Education issued Order No. 398 of 2012 which allows children of migrant workers, including seasonal workers, to attend school with the same rights as Kazakh children. The Committee further noted from the UNESCO statistics that in 2014 the net enrolment rate at the primary level and secondary level was 86.56 and 95.95 per cent, respectively.

The Committee notes from the observations of the ITUC that migrant underage workers do not have access to education. The Committee notes the Government’s information in its report that the education authorities are working with internal affairs authorities to conduct monthly monitoring of school attendance. At the beginning of the 2017–18 school year, 175 school children were detected absent from school without a good reason for ten or more days. Regarding the access to education of migrant children, 9,897 Oralman (“returnee” ethnic Kazakhs who returned to Kazakhstan from neighbouring countries since its independence in 1991) children are currently studying in general education schools. According to the Almaty provincial education authority, 19 children of migrant workers who came from Kyrgyzstan are attending school in Enbekshikazakh district. The Committee also notes from the UNESCO statistics that in 2017 the net enrolment rate at the primary level and secondary level was 86.27 and 99.85 per cent, respectively. Recalling that access to free basic education is key in preventing the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure that all children have access to free basic education, including children of migrant workers. It also requests the Government to provide information on the number of children of migrant workers who are able to access school, pursuant to Order No. 398.

Clauses (b) and (d). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, and reaching out to children at special risk. The Committee notes the Government’s information that the “Standards for the Provision of Special Social Services to the Victims of Trafficking in Persons on Their Requests” provide for a range of special social services to trafficking victims, including children, in particular health-care and medical services. The Government also indicates that there are 20 youth orientation centres operating in the country, which provide assistance to children in difficult situations, such as children without parental care and homeless children, in order to prevent them from falling victim to sexual and labour exploitation, as well as exploitation for criminal purposes. During the first 11 months of 2017, 6,413 children received assistance from youth orientation centres, of which 875 were children without parental care and 5,300 were neglected and homeless children. The Committee requests the Government to strengthen its efforts with regard to the identification and protection of children at special risk, as well as child victims of trafficking and other forms of exploitation. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of children who have been identified as at risk or as victims, and who have benefited from appropriate protection and assistance.

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

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

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

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

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

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

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

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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that from September 2014, the “Road to School” initiative was extended to all regions in the country so as to reach all school-age children. This initiative, which was designed to provide financial and material support to socially disadvantaged students from low-income families, reached 486,948 children in 2014. The Committee also notes from the August 2014 report of the United Nations Human Rights Council’s Special Rapporteur on contemporary forms of slavery (report of the UN Special Rapporteur) that the Ministry of Education issued Order No. 398 of 2012 which allows children of migrant workers, including seasonal workers, to attend schools with the same rights as Kazakh children (A/HRC/27/53/Add.2). The Committee further notes from the UNESCO statistics that in 2014 the net enrolment rate at the primary level and secondary level was 86.56 and 95.95 per cent, respectively. The UNESCO statistics also indicate that 5,110 children were out of school in 2014. Recalling that access to free basic education contributes to preventing the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that all children have access to free basic education and to provide information on the measures taken in this regard as well as on the results achieved. It also requests the Government to provide information on the impact of Order No. 10398, in terms of the number of children of migrant workers who are able to access schools.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Noting the absence of information in the Government’s report with regard to its previous comments, the Committee once again requests the Government to provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in the crisis centres and shelters for victims of human trafficking.

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

Articles 3(a), 5 and 6 of the Convention. Sale and trafficking, monitoring mechanisms and programmes of action. In its previous comments, the Committee noted the various measures taken by the Government to combat trafficking of children, including the establishment of the Interdepartmental Commission against human trafficking, as well as the steps taken to train police officers, officials from the migration service, and the procurator’s office, on methods for the detection, investigation, prevention and suppression of trafficking in persons.

The Committee notes the Government’s information in its report that the newly adopted Criminal Code of 2014, increased penalties for crimes against children, including trafficking of children. It also notes from the website of the International Organization for Migration (information from IOM) that in August 2015, the Ministry of Internal Affairs of the Republic of Kazakhstan, in coordination with the IOM for Central Asia conducted the information campaign “Let’s stop trafficking together” across the country. The information from IOM further indicates that Kazakhstan has made sufficient progress in combating trafficking in persons through active work of the Interdepartmental Commission against human trafficking; the adoption of a National Action Plan to combat human trafficking 2015–17; the development of standards on providing social services for victims of trafficking; and the adoption of guidelines, developed in cooperation with IOM, for police officers and labour inspectors on identification and referral of victims of trafficking. The Committee further notes the information from IOM that according to the Ministry of Internal Affairs, 300 cases related to trafficking in persons have been recorded and investigated in 2014, of which 23 cases relate to trafficking of minors. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 30 October 2015, expressed concern about the reports that large number of children are trafficked from, to and within the country and that most victims remain unidentified. The CRC also expressed concern at the information about the persistent complicity of the police in trafficking cases (CRC/C/KAZ/CO/4, paragraph 58). While noting the various measures taken by the Government to combat trafficking of children, the Committee requests the Government to intensify its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. It also requests the Government to take the necessary measures to ensure that all perpetrators of trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. Lastly, it requests the Government to provide information on the specific measures taken within the framework of the National Action Plan of 2015–17 to combat trafficking in children and the results achieved.

Article 3(d) and application of the Convention in practice. Hazardous work on tobacco and cotton plantations. The Committee previously noted that studies on child labour in Kazakhstan revealed that children were mostly engaged in the informal and agricultural sectors, particularly in tobacco and cotton harvesting. It also noted the Government’s information on the various child labour monitoring bodies in the country and on the seminars and conferences on monitoring child labour organized in the several districts.

The Committee observes that the Government report does not contain any data related to the situation of working children in tobacco and cotton plantations, as previously requested by the Committee. The Committee notes the Government’s information that the reviewed list of types of hazardous work prohibited to children under the age of 18 years which was approved by Order No. 391 of May 2015, prohibits the hiring of minors on tobacco and cotton plantations. It also notes the Government’s statement that Kazakh tobacco cultivation has been excluded from the United States Department of Labour’s List of Agricultural Crops Grown using child labour.

Moreover, the August 2014 Report of the United Nations Human Rights Council’s Special Rapporteur on contemporary forms of slavery indicates that in 2013, child labour monitoring systems (CLMS) had been piloted in five villages and that direct services had been provided for children at risk of, or involved in, the worst forms of child labour. However, the Committee notes that the UN Special Rapporteur, expressed her concern that despite the commitment and support of the tobacco industry and steps taken to increase protection of migrant workers, cases of hazardous child labour persist on some farms (A/HRC/27/53/Add.2, paragraphs 14 and 30). The report also indicates that a company acknowledged that cases of child labour were still reported on tobacco plantations, even though their number had decreased (paragraph 22). The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of October 2015, expressed concern about the incidence of child labour in cotton harvesting, which involves lifting or carrying of heavy weights, poor living conditions and health risks related to fertilizers and pesticides (CRC/C/KAZ/CO/4, paragraph 56). While taking due note of the measures taken by the Government, the Committee requests the Government to continue to take measures to protect children from hazardous work in agriculture, particularly in tobacco and cotton plantations, including through strengthening the capacity of the various child labour monitoring bodies in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention. The Committee also requests the Government to provide information on the impact of the child labour monitoring systems, in terms of the number of children identified and withdrawn from hazardous work in agriculture as well as on the direct services provided to children at risk. Lastly, it requests the Government to provide information on the number of inspections carried out by the various child labour monitoring bodies, the number of violations detected and penalties applied, related to hazardous work performed by children under 18 years, including in cotton and tobacco harvesting.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Trafficking. The Committee previously noted the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that the openness of the Kazakhstani borders and inadequate immigration legislation have resulted in the uncontrolled entry of children into Kazakhstan. However, the Committee noted that only six persons were prosecuted for trafficking of children pursuant to section 133 of the Criminal Code. The Committee observed that the Human Rights Committee (CCPR), in its concluding observations of 19 August 2011, noted the Government’s efforts to combat trafficking of human beings, including the establishment of the Interdepartmental Commission against human trafficking, but also expressed regret at the increase in the number of reported crimes related to trafficking in human beings (CCPR/C/KAZ/CO/1, paragraph 16). The Committee further noted that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 June 2010, expressed deep concern that trafficking in women and children remained a serious problem despite efforts undertaken by the Government (E/C.12/KAZ/CO/1, paragraph 26).

The Committee notes from ILO–IPEC information relating to the project on Combating Child Labour in Central Asia (PROACT CAR Phase III) that a National Action Plan against Human Trafficking (NAP) for 2012–14 was approved in October 2012. The NAP will ensure coordinated work on combating, preventing and prosecuting human trafficking.

The Committee also notes from the Government’s combined third and fourth periodic reports of March 2012 to the Committee on the Elimination of Discrimination against Women (CEDAW) (report of 2012 to CEDAW) that an Interdepartmental Commission for combating the transfer abroad, entry and trafficking in persons has been in operation in Kazakhstan for eight years. The Committee also notes from this report that, in 2011, within the framework of the Commonwealth of Independent States, a coordinated council of procurator-generals adopted a plan of joint action to combat trafficking in persons. The Committee further notes the Government’s information in its report of 2012 to CEDAW that steps are being taken to train the staff of the internal affairs authorities, the migration service, and the procurator’s office, in methods for the detection, investigation, prevention and suppression of trafficking in persons. In this regard, the Ministry of Internal Affairs, together with the Office of the International Organization for Migration (IOM), adopted a methodological recommendation for the investigation of offences involving trafficking in persons. Furthermore, in conjunction with the United States Embassy and the association for combating trafficking in persons in Central Asia, a training project was conducted in September 2009 and March 2010 for 900 neighbourhood police officers in nine provinces in order to heighten their awareness of trafficking in persons and help prevent such practices (CEDAW/C/KAZ/3-4, paragraphs 252, 254 and 255). The Committee notes from the additional information provided by the Government of Kazakhstan to the CCPR in September 2012 that, according to statistical data provided by the Office of the Procurator-General for 2011, 21 cases of trafficking in minors were registered, of which 14 cases went to trial under section 133 of the Criminal Code (Trafficking in minors) (CCPR/C/KAZ/CO/1/Add.1, paragraph 162). The Committee requests the Government to continue providing information on the number of cases of trafficking in minors registered by the Procurator’s Office and on the prosecutions, investigations and penalties imposed in relation to such offences. It also requests the Government to provide information on the data related to trafficking in children collected by the Interdepartmental Commission on combating trafficking in persons. The Committee finally requests the Government to provide information on the implementation of the NAP in terms of strengthening the capacity of the law enforcement agencies in combating the trafficking of children, and the results achieved.

Article 7(1) Penalties and court decisions. Commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation was not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reached the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also noted the Government’s statement that punishment for the exploitation of minors was very rarely administered. The Committee also noted the Government’s indication that an Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child was passed on 23 November 2010, and that this Act introduced criminal liability for trading pornographic images of minors and for the involvement of minors in performances of a pornographic nature.

The Committee notes an absence of information in the Government’s report on the application of the provisions prohibiting the commercial sexual exploitation of children. The Committee, therefore, once again requests the Government to provide, in its next report, information on the application of the relevant prohibitions of the involvement of children in commercial sexual exploitation, including the number of violations detected, prosecutions, convictions and penalties applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the 2009 information from UNESCO indicating that there was a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level. The Committee also noted that the “Road to school” action programme began in 2008 to provide support for children from low-income families in attending school. However, the Committee noted that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers on tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27).

The Committee notes the Government’s information that during the “Road to school” initiative of 2012, 1,376 articles were published, 457 video clips were broadcast, and 114 speeches were aired. The Committee also notes the Government’s information that the various measures undertaken within this initiative covered a total of 284,900 children from impoverished families, who received assistance totalling over 1.7 billion Kazakhstan tenge (approximately US$1,113,900). Recalling that access to free basic education contributes to preventing the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that all children, including children of migrant workers, have access to free basic education. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

Clause (b). Providing the necessary and appropriate 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 Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 3 November 2009, that there is an urgent need to rehabilitate victims of human trafficking, including through special crisis centres. The Government indicates in this report that funding has been earmarked for this purpose, and that it is working with non governmental organizations to create crisis centres to temporarily house and rehabilitate victims of human trafficking (A/HRC/WG.6/7/KAZ/1, paragraph 92).

The Committee notes from the Government’s report of 2012 to CEDAW that, of the 22 crisis centres, six focus mainly on helping victims of trafficking in persons. Moreover, there are two shelters in Almaty and in Kokshetau and one centre for the rehabilitation of victims of trafficking in persons in Astana, which provide legal, medical, psychological and other support and assistance to victims of trafficking. The Committee also notes from this report that, in 2010, 20 victims of trafficking, including five foreign nationals, received assistance (CEDAW/C/KAZ/3-4, paragraphs 64, 228 and 236). The Committee requests the Government to provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in the crisis centres and shelters for the victims of human trafficking.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Application of the Convention in practice. The Committee previously noted that studies on child labour in Kazakhstan revealed that children were mostly engaged in the informal and agricultural sectors. In agriculture, child labour was mostly identified in tobacco and cotton harvesting, although this agricultural work is prohibited for persons under 18. In this regard, the Committee noted the Government’s indication that investigations in the Almaty province revealed that children from Kyrgyzstan (aged 6–15 years) were working in tobacco fields for approximately 75 hours a week, and that Uzbek children were discovered working in cotton fields in the Maktaaral district of South Kazakhstan. The Committee also noted that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16).

The Committee notes the Government’s detailed information on the various child labour monitoring bodies in the country in addition to the state labour inspectorates and the Procurator’s Office such as the Committee for Control and Social Security; Committee for the Protection of the Rights of the Child (CPRC); the National Coordinating Council on Child Labour (NCCCL); the Confederation of Employers (COE) and the Federation of Trade Unions (FTU) of the Republic of Kazakhstan. The Committee notes the Government’s information that following the proposals made by the NCCCL, the Government has adopted Order No. 468 of 2010 ensuring the rights of child migrants to receive access to education.

The Committee also notes the Government’s detailed information on the various seminars and conferences organized in the various districts to introduce to the participants the elements of how to monitor child labour. Accordingly, the Committee notes that a round table conference was conducted in June 2012 in Maktaaral district with the assistance of the CPRC, particularly involving the directors of major cotton receiving plants and stations and non-governmental organizations, on programmes for elimination of the worst forms of child labour in the region during the cotton harvest and on observing the law on compulsory education for all children. Moreover, the Ministry of Labour, with the assistance of the akimat (Mayor) of the Almaty Province and of the Union of commodity producers and exporters of Kazakhstan, held a round table in the city of Almaty which led to the adoption of a resolution on “Working conditions of agricultural workers in the Almaty Province”.

The Committee further notes, from the ILO–IPEC project report of June 2013, that an action programme on “Establishing and piloting a child labour monitoring system (CLMS) in Maktaaral district in South Kazakhstan region” is being implemented. This action programme aims at establishing the CLMS in agriculture, building the capacity of national and local authorities in the CLMS, providing direct services for children involved in or at risk of entering child labour in agriculture, and raising awareness of community members, general public and the media. The Committee, however, expresses its regret at the insufficient data on children working in agriculture, in particular cotton and tobacco plantations. The Committee, therefore, urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children, in particular children working in tobacco and cotton plantations in Kazakhstan, is made available. The Committee also requests the Government to continue taking measures to train the various child labour monitoring bodies in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention. Lastly, the Committee requests the Government to provide information on the number of inspections carried out by the state labour inspectors and the Procurator’s Office, the number of violations detected and penalties applied, related to work performed by children under 18 years, including in cotton and tobacco harvesting.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 5 of the Convention. Monitoring mechanisms. Trafficking. The Committee previously noted the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that the openness of the Kazakhstani borders and inadequate immigration legislation have resulted in the uncontrolled entry of children into Kazakhstan. However, the Committee noted that only six persons were prosecuted for trafficking of children pursuant to section 133 of the Criminal Code. The Committee observed that the Human Rights Committee (CCPR), in its concluding observations of 19 August 2011, noted the Government’s efforts to combat trafficking of human beings, including the establishment of the Interdepartmental Commission against human trafficking, but also expressed regret at the increase in the number of reported crimes related to trafficking in human beings (CCPR/C/KAZ/CO/1, paragraph 16). The Committee further noted that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 June 2010, expressed deep concern that trafficking in women and children remained a serious problem despite efforts undertaken by the Government (E/C.12/KAZ/CO/1, paragraph 26).

The Committee notes from ILO–IPEC information relating to the project on Combating Child Labour in Central Asia (PROACT CAR Phase III) that a National Action Plan against Human Trafficking (NAP) for 2012–14 was approved in October 2012. The NAP will ensure coordinated work on combating, preventing and prosecuting human trafficking.

The Committee also notes from the Government’s combined third and fourth periodic reports of March 2012 to the Committee on the Elimination of Discrimination against Women (CEDAW) (report of 2012 to CEDAW) that an Interdepartmental Commission for combating the transfer abroad, entry and trafficking in persons has been in operation in Kazakhstan for eight years. The Committee also notes from this report that, in 2011, within the framework of the Commonwealth of Independent States, a coordinated council of procurator-generals adopted a plan of joint action to combat trafficking in persons. The Committee further notes the Government’s information in its report of 2012 to CEDAW that steps are being taken to train the staff of the internal affairs authorities, the migration service, and the procurator’s office, in methods for the detection, investigation, prevention and suppression of trafficking in persons. In this regard, the Ministry of Internal Affairs, together with the Office of the International Organization for Migration (IOM), adopted a methodological recommendation for the investigation of offences involving trafficking in persons. Furthermore, in conjunction with the United States Embassy and the association for combating trafficking in persons in Central Asia, a training project was conducted in September 2009 and March 2010 for 900 neighbourhood police officers in nine provinces in order to heighten their awareness of trafficking in persons and help prevent such practices (CEDAW/C/KAZ/3-4, paragraphs 252, 254 and 255). The Committee notes from the additional information provided by the Government of Kazakhstan to the CCPR in September 2012 that, according to statistical data provided by the Office of the Procurator-General for 2011, 21 cases of trafficking in minors were registered, of which 14 cases went to trial under section 133 of the Criminal Code (Trafficking in minors) (CCPR/C/KAZ/CO/1/Add.1, paragraph 162). The Committee requests the Government to continue providing information on the number of cases of trafficking in minors registered by the Procurator’s Office and on the prosecutions, investigations and penalties imposed in relation to such offences. It also requests the Government to provide information on the data related to trafficking in children collected by the Interdepartmental Commission on combating trafficking in persons. The Committee finally requests the Government to provide information on the implementation of the NAP in terms of strengthening the capacity of the law enforcement agencies in combating the trafficking of children, and the results achieved.

Article 7(1) and Part III of the report form. Penalties and court decisions. Commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation was not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reached the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also noted the Government’s statement that punishment for the exploitation of minors was very rarely administered. The Committee also noted the Government’s indication that an Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child was passed on 23 November 2010, and that this Act introduced criminal liability for trading pornographic images of minors and for the involvement of minors in performances of a pornographic nature.

The Committee notes an absence of information in the Government’s report on the application of the provisions prohibiting the commercial sexual exploitation of children. The Committee, therefore, once again requests the Government to provide, in its next report, information on the application of the relevant prohibitions of the involvement of children in commercial sexual exploitation, including the number of violations detected, prosecutions, convictions and penalties applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the 2009 information from UNESCO indicating that there was a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level. The Committee also noted that the “Road to school” action programme began in 2008 to provide support for children from low-income families in attending school. However, the Committee noted that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers on tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27).

The Committee notes the Government’s information that during the “Road to school” initiative of 2012, 1,376 articles were published, 457 video clips were broadcast, and 114 speeches were aired. The Committee also notes the Government’s information that the various measures undertaken within this initiative covered a total of 284,900 children from impoverished families, who received assistance totalling over 1.7 billion Kazakhstan tenge (approximately US$1,113,900). Recalling that access to free basic education contributes to preventing the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that all children, including children of migrant workers, have access to free basic education. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

Clause (b). Providing the necessary and appropriate 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 Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 3 November 2009, that there is an urgent need to rehabilitate victims of human trafficking, including through special crisis centres. The Government indicates in this report that funding has been earmarked for this purpose, and that it is working with non governmental organizations to create crisis centres to temporarily house and rehabilitate victims of human trafficking (A/HRC/WG.6/7/KAZ/1, paragraph 92).

The Committee notes from the Government’s report of 2012 to CEDAW that, of the 22 crisis centres, six focus mainly on helping victims of trafficking in persons. Moreover, there are two shelters in Almaty and in Kokshetau and one centre for the rehabilitation of victims of trafficking in persons in Astana, which provide legal, medical, psychological and other support and assistance to victims of trafficking. The Committee also notes from this report that, in 2010, 20 victims of trafficking, including five foreign nationals, received assistance (CEDAW/C/KAZ/3-4, paragraphs 64, 228 and 236). The Committee requests the Government to provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in the crisis centres and shelters for the victims of human trafficking.

Clause (d). Identify and reach out to children at special risk. Street children and children engaged in begging. Following its previous comments, the Committee notes the Government’s indication that, within the framework of the programme “Children in the City at Night”, during the first six months of 2013 unscheduled raids were carried out in all regions, involving 22,000 representatives from the protection of rights of the child, education, internal affairs, public associations, youth and children’s organizations. The Committee also notes that, during the implementation of this initiative in 2013, 5,643 facilities, including entertainment establishments, clubs, railway stations and car washes, were inspected and a total of 1,315 minors were found outside their homes, while 76 cases of exploitation of minors were detected. The Committee also notes from the additional information provided by the Government to the CCPR in 2012 that the Ministry of Internal Affairs carries out “children and night work” raids across the country every three months in order to identify adults engaged in using child labour.

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

Part V of the report form. Application of the Convention in practice. The Committee previously noted that studies on child labour in Kazakhstan revealed that children were mostly engaged in the informal and agricultural sectors. In agriculture, child labour was mostly identified in tobacco and cotton harvesting, although this agricultural work is prohibited for persons under 18. In this regard, the Committee noted the Government’s indication that investigations in the Almaty province revealed that children from Kyrgyzstan (aged 6–15 years) were working in tobacco fields for approximately 75 hours a week, and that Uzbek children were discovered working in cotton fields in the Maktaaral district of South Kazakhstan. The Committee also noted that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16).

The Committee notes the Government’s detailed information on the various child labour monitoring bodies in the country in addition to the state labour inspectorates and the Procurator’s Office such as the Committee for Control and Social Security; Committee for the Protection of the Rights of the Child (CPRC); the National Coordinating Council on Child Labour (NCCCL); the Confederation of Employers (COE) and the Federation of Trade Unions (FTU) of the Republic of Kazakhstan. The Committee notes the Government’s information that following the proposals made by the NCCCL, the Government has adopted Order No. 468 of 2010 ensuring the rights of child migrants to receive access to education.

The Committee also notes the Government’s detailed information on the various seminars and conferences organized in the various districts to introduce to the participants the elements of how to monitor child labour. Accordingly, the Committee notes that a round table conference was conducted in June 2012 in Maktaaral district with the assistance of the CPRC, particularly involving the directors of major cotton receiving plants and stations and non-governmental organizations, on programmes for elimination of the worst forms of child labour in the region during the cotton harvest and on observing the law on compulsory education for all children. Moreover, the Ministry of Labour, with the assistance of the akimat (Mayor) of the Almaty Province and of the Union of commodity producers and exporters of Kazakhstan, held a round table in the city of Almaty which led to the adoption of a resolution on “Working conditions of agricultural workers in the Almaty Province”.

The Committee further notes, from the ILO–IPEC project report of June 2013, that an action programme on “Establishing and piloting a child labour monitoring system (CLMS) in Maktaaral district in South Kazakhstan region” is being implemented. This action programme aims at establishing the CLMS in agriculture, building the capacity of national and local authorities in the CLMS, providing direct services for children involved in or at risk of entering child labour in agriculture, and raising awareness of community members, general public and the media. The Committee, however, expresses its regret at the insufficient data on children working in agriculture, in particular cotton and tobacco plantations. The Committee, therefore, urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children, in particular children working in tobacco and cotton plantations in Kazakhstan, is made available. The Committee also requests the Government to continue taking measures to train the various child labour monitoring bodies in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention. Lastly, the Committee requests the Government to provide information on the number of inspections carried out by the state labour inspectors and the Procurator’s Office, the number of violations detected and penalties applied, related to work performed by children under 18 years, including in cotton and tobacco harvesting.

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

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

Article 5 of the Convention. Monitoring mechanisms. 1. Trafficking. The Committee previously noted the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that the openness of the Kazakhstani borders and inadequate immigration legislation results in the uncontrolled entry of children into Kazakhstan. However, the Committee noted that only six persons had been prosecuted for trafficking in children pursuant to section 133 of the Criminal Code.

The Committee notes the Government’s statement that the Ministry of Internal Affairs carries out measures to detect, prevent and suppress cases of trafficking in persons and related crimes, including the trafficking of minors. The Government indicates that it implements an operational and preventive measure entitled “Stop Trafficking” four times a year, in order to identify and uncover crimes connected with trafficking in persons. The Government also indicates that in 2010, criminal proceedings related to the trafficking of minors were brought in 17 cases by the anti-trafficking department, and 14 such cases in 2011. The Committee observes that the Human Rights Committee, in its concluding observations of 19 August 2011, noted the Government’s efforts to combat trafficking in human beings, including the establishment of the Interdepartmental Commission against human trafficking, but also expressed regret at the increase in the number of reported crimes related to trafficking in human beings (CCPR/C/KAZ/CO/1 paragraph 16). The Committee further notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 June 2010, expressed deep concern that trafficking in women and children remained a serious problem despite efforts undertaken by the Government (E/C.12/KAZ/CO/1, paragraph 26). The Committee therefore urges the Government to take immediate measures to prevent and combat the sale and trafficking of persons under 18 years of age. In this regard, the Committee requests the Government to strengthen the relevant monitoring mechanisms, including border control, and to ensure the effective prosecution of those responsible for trafficking in children. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved, particularly with respect to the number of child victims of trafficking identified as well as the number of investigations, prosecutions, convictions and penalties imposed.

2. Labour inspection. The Committee previously noted the information from the ILO–IPEC that the National Child Labour Monitoring Mechanism had been drafted and submitted to partners for discussion, and that a round table on this matter was scheduled for autumn 2009. The Committee requested the Government to provide information on developments in this regard.

The Committee notes the information in the Government’s report that a guide on child labour monitoring was drafted with the ILO–IPEC assistance and submitted to the Ministry of Labour and Social Welfare. The Government indicates that this guide will help to coordinate the efforts of all governmental and non-governmental agencies concerned with addressing children’s involvement in work, including identifying children engaged in hazardous work. The Committee requests the Government to pursue its efforts to develop a guide on monitoring child labour, including in hazardous work. It requests the Government to continue to supply information on progress made in this regard, including the development of a child labour monitoring mechanism.

Article 7(1) and Part III of the report form. Penalties and court decisions. Commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also noted the Government’s statement that punishment for the exploitation of minors is very rarely administered.

The Committee notes the Government’s indication that an Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child was passed on 23 November 2010, and that this Act introduces criminal liability for trading pornographic images of minors and for the involvement of minors in performances of a pornographic nature. The Committee also notes the information in the Government’s report that in 2010, 22 female minors were identified as being forced to perform sexual services, and 14 such minors in 2011. However, the Committee notes an absence of information on the number of prosecutions, convictions or penalties applied related to these cases. In this regard, the Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of penal sanctions. The Committee requests the Government to provide, in its next report, information on the application of the relevant prohibitions of the involvement of children in commercial sexual exploitation, including the number of violations detected, prosecutions, convictions and penalties applied. It also requests the Government to provide a copy of the Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child of 2010, with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the 2009 information from UNESCO indicating that there was a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level. The Committee also noted that the “Road to School” action programme began in 2008 to provide support for children from low-income families in attending school.

The Committee notes the information in the Government’s report that during the “Road to School” campaign, held in 2010 and 2011 to encourage children to enrol in school, 150 children from poor families were provided with school materials. The Committee also notes the Government’s statement that the issue of the provision of secondary school education to the children of seasonal workers remains open, in view of the restrictions laid down in the Rules on the Provision of Pre-school, Elementary, Basic and General Secondary Education to Foreigners and Stateless Persons Permanently Residing in Kazakhstan. In this regard, the Committee notes the information from the ILO–IPEC, in a report of February 2011, that these Rules, while granting the right to attend school to children of foreign citizenship and stateless persons (such as refugees), limits school attendance for children of seasonal labour migrants. The ILO–IPEC indicates that this limitation on school attendance is likely to increase child labour. However, the Committee notes the Government’s indication that during a round table on the topic “Working conditions of persons employed in agricultural work”, organized by the Ministry of Labour and Social Welfare and the Kazakhstan Manufacturers and Exporters Union in Astana in October 2011, measures were discussed regarding how to provide children of migrant workers with access to secondary school. Nonetheless, the Committee notes that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers on tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27). Recalling that access to education contributes to preventing the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that all children, including children of migrant workers, have access to free basic education. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

Clause (b). Providing the necessary and appropriate 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 Government’s statement that there were a number of reception centres for children who are the victims of trafficking and that crisis centres, run by the Department of Internal Affairs, provided legal and psychological help to child victims of trafficking.

The Committee notes the Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 3 November 2009, that there is an urgent need to rehabilitate victims of human trafficking, including through special crisis centres. The Government indicates in this report that funding has been earmarked for this purpose, and that it is working with NGOs to create crisis centres to temporarily house and rehabilitate victims of human trafficking (A/HRC/WG.6/7/KAZ/1, paragraph 92). The Committee urges the Government to pursue its efforts to provide for the removal, rehabilitation and social integration of child victims of trafficking. In this regard, it requests the Government to provide information on the number of child victims under 18 who have received services in shelters and children’s centres, or who have benefited from other appropriate services for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children and children engaged in begging. The Committee previously noted that the CRC, in its concluding observations of 8 June 2007, expressed its deep concern that adequate efforts had not been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61). The Committee also noted the Government’s indication that the programme, “Children in the City at Night” began in 2007, aimed at identifying cases of child neglect, homelessness and exploitation of child labour, involving 18,000 representatives from law enforcement agencies, educational authorities, child rights agencies, representatives from the media and NGOs.

The Committee notes the Government’s statement that the implementation of the “Children in the City at Night” programme continued and that over 10,000 checks were carried out through this programme, including at locations frequented by children and adolescents engaged in vagrancy and begging. The Government indicates that 122 cases of exploitation of child labour were identified. The Committee also notes that, according to the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 30 November 2009, homeless children in the country are prey to potential traffickers (A/HRC/WG.6/7/KAZ/2, paragraph 18). Recalling that street children are particularly vulnerable to the worst forms of child labour, including trafficking and begging, the Committee urges the Government to strengthen its efforts to identify and reach out to these children. It requests the Government to continue to provide information on the effective and time-bound measures taken to protect such children from the worst forms of child labour, including the number of street children who have benefited from initiatives taken in this regard.

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

Part V of the report form. Application of the Convention in practice. The Committee previously that noted that studies on child labour in Kazakhstan revealed that children are mostly engaged in the informal and agricultural sectors. In agriculture, child labour was mostly identified in tobacco and cotton harvesting, although this agricultural work is prohibited for persons under 18. In this regard, the Committee also noted the Government’s indication that investigations in the Almaty province revealed that children from Kyrgyzstan (aged 6–15) were working in tobacco fields for approximately 75 hours a week, and that Uzbekistani children had been discovered working in cotton fields in the Makhtaaral district of South Kazakhstan.

The Committee notes the information in the Government’s report that, following the 2011 round table on “Working conditions of persons employed in agricultural work”, a resolution was adopted to extend the Programme to Prevent Child Labour in the Almaty province. The Government states that these ongoing efforts aim to eliminate the violations identified in a report entitled “Hellish Work Exploitation of Migrant Tobacco Workers in Kazakhstan”. This report outlines that many children of migrant workers engage in tobacco cultivation and that this work is hazardous, posing significant health risks, including musculoskeletal disorders, exposure to high temperatures, exposure to pesticides and fumes from tobacco plants, and is performed under poor sanitary and hygiene conditions, often for long hours. The Committee also notes that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16). Therefore, while noting the measures taken by the Government, the Committee expresses its concern at reports of a large number of children working in the cotton and tobacco industries under hazardous conditions, despite legislative provisions prohibiting this practice. The Committee, therefore, urges the Government to take the necessary measures to ensure that the prohibition on employing children under 18 in both cotton and tobacco harvesting is strictly enforced in practice, including for the children of migrant workers. It requests the Government to continue to provide information on measures taken in this regard, including measures to strengthen the capacity of the labour inspectorate to protect children from this hazardous work. It also requests the Government to provide information on the number of inspections carried out, violations detected and penalties applied, related to work performed by children under 18 in cotton and tobacco harvesting.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that appropriate mechanisms to monitor the implementation of the provisions of the Convention were established. The Committee notes the information in the Government’s report that inspectors of the labour inspectorate, in the course of labour inspections, investigate the conditions under which a child is employed. The Committee also notes that, upon the detection of violations of the Labour Code in the course of labour inspections, labour inspectors charge the employer with an administrative offence and a fine. In addition, the Committee notes that a school inspectorate system was established and that, through a governmental programme aimed at the suppression and prevention of youth crime, 111 cases of exploitative child labour were detected.

The Committee notes the information in the Government’s report that the department within the Office of the Prosecutor General specializing in the application of legislation on children conducts systematic inspections relating to children’s rights, which resulted in the identification of child victims of the worst forms of child labour including commercial sexual exploitation and hazardous work. The Committee also notes the information in the Final Report for the
ILO–IPEC action plan entitled “Capacity building of the General Prosecutor’s officers on law enforcement on child labour”, that seminars were held in the latter half of 2007 with participation from prosecutors from all the regions of Kazakhstan (in total 106 prosecutors). The Committee further notes the Government’s indication that a national seminar was held on “launching the child labour monitoring system in Kazakhstan” with the participation of ILO experts and the Coordinator of the Resource Centre on the Worst Forms of Child Labour (within the Ministry of Labour and Social Security), staff at children’s rights departments and the Ministry of Internal Affairs, labour inspectors, and social partners. The seminar consisted of a discussion of monitoring mechanisms aimed at the implementation of the Convention. In addition, the Committee notes the information in the ILO–IPEC technical progress report on the project “Child Labour in Central Asia – Commitment becomes Action (PROACT–CAR Phase II) of 15 January 2009 (ILO–IPEC TPR) that the National Child Labour Monitoring Mechanism was drafted, and submitted to partners to discuss the proposed mechanism and the feasibility of its introduction, for further discussion in 2009. The Committee notes that a round table on this matter was scheduled for autumn 2009, for the preparation of a guide on the establishment of such a monitoring system. The Committee requests the Government to provide further information on the proposed national child labour monitoring mechanism, and urges the Government to take the necessary measures to ensure its elaboration, adoption and implementation.

2. Trafficking. The Committee notes the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that, the openness of the Kazakhstani borders and inadequate immigration legislation results in the uncontrolled entry of children into Kazakhstan. The Committee notes that, out of the 803 children at the Children’s Centre for isolation, adaptation and rehabilitation in Almaty, 732 of these children were from neighbouring countries or other regions in Kazakhstan. However, the Committee notes that only six persons were prosecuted for trafficking in children pursuant to section 133 of the Criminal Code. The Committee also notes that several investigations in the Almaty province revealed the employment of children from Kyrgyzstan (aged 6–15) working in tobacco fields on eight farms. These children worked approximately 75 hours a week, and the managers of these farms were charged with administrative offences. Uzbekistani children were also discovered working in cotton fields in the Makhtaaral district of South Kazakhstan, and the owners of these farms were also charged with administrative offences. In light of this, the Committee urges the Government to redouble its efforts to prevent the sale and trafficking of persons under 18 years of age for the purpose of labour exploitation. The Committee requests the Government to take the necessary measures to strengthen the monitoring mechanisms in this regard, including border control, and to ensure the effective prosecution of those responsible for trafficking in children. The Committee requests the Government to provide information on measures taken in this regard.

Article 6. Programmes of action. Following its previous comments, the Committee notes that, in December 2008, the Ministry of Labour and Social Security approved the new “Joint workplan for the elimination of child labour and the application of ILO Convention No. 182 in the Republic of Kazakhstan
2009–11” which includes measures to coordinate and unify efforts to combat child labour, raise awareness on these issues and to strengthen policies and legislation in both the implementation and monitoring of this phenomenon, in addition to regional programme components. Under this plan, the Ministry of Labour and Social Security will establish a worst forms of child labour database, improve the dissemination of information on the subject, take actions aimed at preventing the exploitation of children in the worst forms of child labour, in addition to their removal and rehabilitation and initiatives to improve policies and legislation in this regard. The Committee also notes that, in conjunction with ILO–IPEC, social centres for children were established in the Almaty province and the Makhtaaral district for the prevention and elimination of the worst forms of child labour.

The Committee further notes the Government’s indication that the “12 days of combating the exploitation of child labour” programme continued, and included awareness raising on the problems of the worst forms of child labour, its scale and characteristics and the relevant legislation in this sphere, in addition to the implementation of a national information campaign on this subject, with the participation of governmental organizations, employers’ and workers’ organizations and NGOs. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the Joint workplan for the elimination of child labour and the application of ILO Convention No. 182 (2009–11), in addition to work done pursuant to the “12 days of combating the exploitation of child labour” programme. The Committee also requests the Government to provide information on the results obtained, with regard to the prevention and elimination of the worst forms of child labour.

Article 7(1) and Part III of the report form. Penalties and court decisions. In its previous comments, the Committee noted that the Criminal Code provided for sufficiently effective and dissuasive penalties. However, the Committee noted that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also observed the Government’s statement that punishment for the exploitation of minors is very rarely administered.

The Committee notes that the Ministry of Internal Affairs has submitted a bill to Parliament (Government Resolution No. 1014 of 30 June 2009) to strengthen the penalties for employing children in criminal activities and other anti-social behaviour. The Committee also notes that the North Kazakhstan provincial prosecutor’s office investigated the disappearance of four girls (between the ages of 16 and 18) from a school for orphaned children, who were found to be working in prostitution through threats of violence and force. This led to preliminary proceedings for criminal investigations by the Organized Crime Unit (within the Department of Internal Affairs) of the persons responsible, in addition to disciplinary proceedings against the head of the school. The Committee further notes the information in the Government’s report that, following the death of a 16‑year-old from acute benzene poisoning incurred while engaging in hazardous work, the employer was charged with a criminal offence (pursuant to section 152(2) of the Criminal Code). However, the Committee notes that these charges were later dropped, though this decision is being appealed. The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that persons who use, procure or offer a child for the worst forms of child labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed, pursuant to Article 7(1) of the Convention. The Committee also requests the Government to provide information on the progress made towards the adoption of Government Resolution No. 1014 of 30 June 2009, and to provide a copy once it is adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the adoption of the 2005–15 State Programme for the Development of Education in Kazakhstan, as well as the 107.5 per cent increase in budget allocation for education from 2003 to 2006. The Committee also noted that compulsory education was expanded to grades 11 and 12 of secondary school, and that efforts were being undertaken to increase the enrolment at this level. However, the Committee noted that UNICEF data indicated that only 75 per cent of children from 7 to 11 years regularly attend school.

The Committee notes that the Government’s Committee on the Protection of Children’s Rights conducted a study on the activity of educational establishments and authorities with regard to the provision of free compulsory education, children’s travel to school, and the effectiveness of current policies in this regard. The study examined the number of children absent from school, and the reasons for their absence. The result of this study was a decision to strengthen efforts to identify children not attending school, to strengthen the system for providing assistance to socially marginalized pupils and to develop a strategic plan for 2010–12 to ensure the attendance in schools of all school-age children, in addition to the provision of hot meals and travel expenses to children in need. The Committee also notes that a programme of educational assistance to children who abandon school was implemented in collaboration with district education departments, where 21 children not attending school were provided with educational services (including enrolment in night courses), psychological services and pastoral services. The Committee further notes that the National Road to School Action programme began in 2008 to provide support for children from low-income families in attending school. The Government indicates that, within the framework of this programme, approximately 93,000 children benefited from some form of assistance, and that inspections carried out through this programme uncovered approximately 3,000 children not attending schools, who were subsequently placed in educational institutions.

The Committee notes that the 2009 “Global Monitoring Report: Education for All”, issued by UNESCO, indicates a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level, indicating that a significant number of children do not attend school. The Committee encourages the Government to pursue its efforts to improve the functioning of the education system, and to facilitate children’s access to free basic education, so as to prevent the engagement of children in the worst forms of child labour. The Committee requests the Government to provide information on the impact of National Road to School Action programme, and the strategic plan on school attendance 2010–12, particularly with regard to improving school attendance rates and reducing drop-out rates.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking and commercial sexual exploitation. The Committee previously noted that, in continuity with the 2004 National Action Plan for fighting, prevention and protection against human trafficking, a subsequent plan was adopted for 2006–08. Furthermore, the Committee noted that the ILO–IPEC action programme to mobilize the community to combat the worst forms of child labour was implemented in 2007 in the South Kazakhstan oblast. This action programme aimed to benefit children working in the worst forms of child labour, including those engaged in commercial sexual exploitation. It requested the Government to provide information on the concrete impact of the measures implemented on withdrawing children from being engaged in trafficking and commercial sexual exploitation, and on the results attained.

The Committee notes the Government’s statement that there are a number of reception centres for children who are the victims of trafficking, in addition to free telephone counselling services. The Committee notes that crisis centres, run by the Department of Internal Affairs, provide legal and psychological help to child victims, and that children may be placed temporarily in hostels or in adaptation and rehabilitation centres for children. The Committee also notes that the Government collaborated in this regard with the IOM, which runs (with NGO partners) shelters for victims of trafficking in the Almaty and Shymkent regions. The Committee further notes the information in the UNODC Global Report on Trafficking in Persons 2009 that the Women’s Resource Centre provided shelter to eight child victims of trafficking in 2005, and five in 2006, and that the NGO Rodnik received six child victims of trafficking in 2006 and six children in 2007. While welcoming these measures, the Committee requests the Government to strengthen its efforts to withdraw children from trafficking, commercial sexual exploitation and rehabilitate them. It requests the Government to continue to provide information on measures taken in this regard, including the total number of child victims of these worst forms receiving services in shelters and children’s centres.

2. Hazardous work. In its previous comments, the Committee noted that the Zabota Crisis Centre implemented a programme to monitor the worst forms of child labour in the city of Almaty and the Almatynskaya region. The objective of the programme was to provide education and rehabilitation to children identified as being involved in the worst forms of child labour. The Committee also noted that an ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures was being implemented, targeting 600 children working in, or at risk from hazardous work in Almaty City and the Almaty oblast. The Committee requested the Government to provide information on the number of children who were withdrawn from the worst forms of child labour and rehabilitated as a result of these programmes.

The Committee notes the information in the Government’s report that the Zabota Crisis Centre reached approximately 500 children aged 14–18 at risk for, or already engaged in, the worst forms of child labour, by providing them with vocational training, guidance and work placement. In addition, the Committee notes that an additional 40 children received counselling services through a telephone hotline, and 55 young people received free consultations from a lawyer, who also made visits to local schools. The Committee further notes the Government’s indication that a vocational guidance programme, involving vocational schools and the local education department, involved 575 school drop‑outs aged 15–17 in a vocational guidance programme, and nine young people aged 17–18 were placed in free training courses under the district employment programme. In addition, the Committee notes that, within the framework of the campaign “12 days against child labour”, 42 children between the ages of 10 and 17 were reached, including 26 children who benefited from the ILO–IPEC project SCREAM (including 133 counselling sessions with a psychologist). In addition, the Committee notes the information contained in the Government’s report which indicates that 202 at-risk students in the Trukscrib district participated in a youth education programme which focused on information on child labour legislation and youth employment.

Clause (d). Identify and reach out to children at special risk. 1. Street children and children engaged in begging. The Committee previously noted that the Committee on the Rights of the Child expressed, in its concluding observations of 8 June 2007, its deep concern that no adequate efforts have been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61).

The Committee notes the information in the Government’s report that 32 children who were engaged in begging were admitted to the Almaty Children’s Centre, for rehabilitation. The Committee also notes that the district prosecutor’s office of North Kazakhstan placed four children, aged between 13 and 18 who engaged in begging in a temporary institution for children’s isolation, following the failure of the monitoring system in the children’s schools (through school inspectors and pastoral staff) to identify and engage in preventative work with regard to these disadvantaged students. The Committee further notes the information in the Government’s report that the programme “Children in the Night-time City” began in 2007, aimed at identifying cases of child neglect, homelessness and exploitation of child labour, involving 18,000 representatives from law enforcement agencies, educational authorities, child rights agencies, representatives from the media and NGOs. The Committee notes that inspections were carried out in urban areas where children were frequently found to be engaged in vagrancy, begging and adult nightclubs. The Government indicates that, in the first half of 2009, within the framework of the programme, 8,792 children were identified, in addition to 59 children engaged in night work, and discussions were held with the children and their parents. The Committee requests the Government to provide further information on the measures implemented within the framework of the “ Child in the Night-time City”, and to continue to provide information of the number of children who benefit from this programme, particularly street children and children engaged in begging. The Committee also requests the Government to provide information on any other programmes implemented or planned that aim to protect street children from the worst forms of child labour, and to provide for their removal and rehabilitation.

2. Children deprived of family care (orphans). The Committee previously noted that an ILO–IPEC action programme aimed at preventing child labour among children deprived of family care (orphans) by improving their access to professional education was implemented in 2007. According to the summary outline of this programme, the number of children without parental care in Kazakhstan was increasing and that more than 17,000 children live in orphanages, youth houses and boarding schools. Furthermore, the summary outline indicated that, according to the alternative report of Kazakhstani non-governmental organizations on the implementation of the UN Convention on the Rights of the Child, the prostitution of minors is widespread in Kazakhstan, with 40 per cent of girls having received money for their sexual services, and that a significant number of these children were teenagers living under no parental guardianship.

The Committee notes that the ILO–IPEC action programme for child labour prevention among children deprived of family care (orphans) provided 169 residents of children’s boarding institutions with occupational training, in addition to another 43 children deprived of family care. The Committee also notes the information in the Government’s report that Resolution No. 103 of the Kazakhstan Government was adopted on 2 February 2009. This resolution provided for the hiring of 368 adoption and fostering service specialists in district education departments for the purpose of identifying disadvantaged children, and providing these children with material assistance in addition to facilitating their placement in foster families or children’s institutions.

The Committee notes the information in the Government’s report that there are approximately 46,126 orphaned and abandoned children in Kazakhstan, of whom 28,113 had been placed with guardians or foster parents, 2005 had been provided with vocational training and 13,156 were in educational institutions. The Committee also notes the Government’s indication that there are approximately 16,000 children living in children’s homes. The Government’s report indicates that children who have lost one or both parents receive financial assistance (159,187 children received assistance in 2008), in addition to free accommodation, food, uniforms, textbooks and health care. The Committee further notes the information in the Government’s report that there are 33,000 “social orphans” in the country (children who have been abandoned, or whose parents are in prison or under long-term hospital care). The Committee notes that approximately 2,500 pastoral care teachers have been appointed in schools, to aid in the early detection of such situations, and that, in 2007, 4,870 social orphans were placed in care or foster homes, and 2,773 such children were adopted. However, the Committee notes the information throughout the Government’s report of instances where children placed in residences for children were still engaged in the worst forms of child labour, such as the four girls who disappeared from a school for orphans in North Kazakhstan who were found to be engaging in prostitution by force. Furthermore, the Committee notes the information in the Government’s report that, in 2007 in the district of Ualikhanov, staff of a child residence facilitated the employment of children in hazardous work, resulting in the death of a 16-year-old child. The Government indicates that the head of the residence who facilitated the child’s employment was dismissed and the student residence was closed, while disciplinary proceedings were taken against six employees of the student residence. Recalling that children deprived of family care (orphans) are at a heightened risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure their protection from these worst forms, and to ensure that such children placed in the State’s care are not further subject to exploitation in children’s institutions. It also requests the Government to provide information on the programmes implemented in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that studies on child labour were carried out in Kazakhstan which revealed that children are mostly engaged in the informal and the agricultural (tobacco and cotton) sectors. However, it observed that very little information was provided on the situation of children engaged, more specifically, in the worst forms of child labour. Furthermore, it noted that, in its concluding observations of 8 June 2007, the Committee on the Rights of the Child expressed its regret that disaggregated data were not available with regard to children involved in commercial sexual exploitation, including prostitution, pornography and trafficking, as well as children working and/or living in the streets (CRC/C/KAZ/CO/3, paragraph 20).

The Committee notes the Government’s statement that, in the context of inspection raids, child labour was detected in car washes (in conditions of extreme humidity and low temperatures), in carrying of goods in markets, in agricultural work (particularly related to tobacco and cotton, which is prohibited work for persons under 18), and as attendants in petrol stations, often at night. The Committee also notes that, through the National Road to School Action, 104 cases of child labour exploitation were detected. The Committee further notes the information in the Government’s report that the district prosecutor’s office has, following inspections, begun administrative proceedings in several instances related to work performed by children at the behest of their school, and work carrying loads above the maximum prescribed limits.

The Committee takes due note of this information in the Government’s report, though observes that this information does not relate to the worst forms of child labour. Therefore, the Committee once again urges the Government to take measures to ensure that sufficient data on the worst forms of child labour is available, particularly with respect to the commercial sexual exploitation of children, child trafficking, street children (particularly children engaged in begging) and children working in hazardous work (particularly in tobacco and cotton farms). In this regard, the Committee requests the Government to provide information on the nature, extent and trends of these 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the state labour inspectors collect and periodically submit information on the use of child labour in Kazakhstan to the Ministry of Labour and Social Protection of the Population. Thus, with the objective of identifying cases of the worst forms of child labour, the state labour inspectors inspected car washes, bazaars, public transportation, service stations and other such places in the city of Almaty, in March 2006. These inspections, as well as inspections in the city of Astana and in the regions of Atyrauskaya, Manghistauskaya and Aktyubuinskaya, have revealed no cases of children working in the worst forms of child labour. However, an inspection in the town of Lisakovsk has revealed that three minors were engaged on a construction site, where they carried out longer hours than legally permitted. The Government indicates that relevant instructions were given to the employer and administrative punishment imposed. Furthermore, the Committee observes that several ILO–IPEC action programmes were adopted in 2006 and 2007 regarding the worst forms of child labour within which measures are being taken to improve child labour monitoring, such as establishing and maintaining the child labour monitoring system through a helpline and direct contact with the children involved in worst forms of child labour. However, it notes that, according to the Summary Outline for the 2007 ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures targeting working children and at-risk children in Almaty City and Almaty oblast, there is currently a lack of child labour monitoring systems and a need to consolidate efforts of state institutes, non-governmental organizations, social partners and international organizations in the area of detecting children engaged in the worst forms of child labour. Consequently, the Committee urges the Government to redouble its efforts to ensure that appropriate mechanisms to monitor the implementation of the provisions of the Convention are established. Furthermore, it once again requests the Government to indicate whether monitoring mechanisms other that the labour inspectorate have been established to monitor the application of Articles 3(a)–(c) of the Convention, which concern crimes of a penal nature.

Article 6. Programmes of action. The Committee had previously noted that Kazakhstan is one of the countries participating in the ILO–IPEC project “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour” (hereinafter “ILO–IPEC CAR project”), aimed at contributing to the elimination of the worst forms of child labour in Central Asian countries. Under this project, started in 2004, the activities in Kazakhstan fall under the following five categories:

(a)   building the knowledge base on child labour;

(b)   awareness raising and dissemination of information;

(c)   support to targeted interventions for prevention, withdrawal and rehabilitation;

(d)   creating linkages and networks; and

(e)   formulation, implementation and enforcement of policies and legislation.

The Committee notes that Kazakhstan continues to adopt and implement programmes to combat child labour and its worst forms within the scope of the ILO–IPEC CAR project. Among others, the ILO–IPEC Action Programme “National awareness-raising and social mobilization campaign against the worst forms of child labour in Kazakhstan” was implemented in May 2006 and extended to December 2007, and aims to communicate to the general public a clear message regarding the problem of child labour and its worst forms. Furthermore, the National Coordinating Council to combat the worst forms of child labour was established in March 2006 and includes the representatives of the ministries and State bodies, of the social partners and of non-governmental organizations. The tasks of the Council include the coordination and guidance of the activities in the field regarding the eradication of the worst forms of child labour, the dissemination of information and the integration of the issue of child labour and its worst forms in the activities of various organizations. Finally, the Committee notes the establishment of the National Information and Resource Centre on the Problems of Child Labour (NIRC), in March 2007, at the Republican Research Institute on Labour Protection of the Ministry of Labour and Social Protection of Population with the support of ILO–IPEC. According to the Summary Outline for the 2007 ILO–IPEC Action Programme on the NIRC, a national informational and resource centre on the problems of the worst forms of child labour is also planned to be established. This centre will coordinate the collection of disparate pieces of information on child labour, reports on research findings and documents of experience of pilot projects. The Committee requests the Government to continue providing information on the measures taken within the framework of the ILO–IPEC CAR project, as well as on other measures, and on the results achieved.

Article 7, paragraph 1, and Part III of the report form. Penalties and court decisions. In its previous comments, the Committee had noted that the Criminal Code provided for sufficiently effective and dissuasive penalties. It notes the Government’s information that, in 2006, 16 criminal cases were registered under section 128 of the Criminal Code (recruitment of minors for sexual or other exploitation, including for purposes of trafficking and transit), and two cases were registered under section 133 of the Criminal Code (purchase and sale of a minor). For example, a man who was found guilty of violations of the abovementioned sections of the Criminal Code was sentenced to seven years and six months’ imprisonment in December 2006. Furthermore, the Committee notes that, for a period of six months in 2007, three cases of violations of section 128 of the Criminal Code involving minors were registered, four cases of violations were registered under section 133 and two cases of violations were registered under section 270 (procuring for prostitution). However, the Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient (CRC/C/KAZ/CO/3, paragraph 9) and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraph 65). The Committee also observes that the Government acknowledges, in its report, that punishment for the exploitation of minors is very rarely administered. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. Accordingly, the Committee requests the Government to take immediate measures to ensure that persons who use, procure or offer children in the worst forms of child labour and, particularly, for trafficking and commercial sexual exploitation, are prosecuted and that the sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Free basic education. Following its previous comments, the Committee notes the Government’s indication that the realization of every citizen’s right to quality education was identified as one of the priorities in the 2003–06 Government Programme for the Republic of Kazakhstan. The Committee also notes the adoption of the 2005–15 State Programme for the Development of Education in Kazakhstan, as well as the 107.5 per cent increase in budget allocation for education from 2003 to 2006. Furthermore, the Committee on the Rights of the Child added, in its concluding observations of 8 June 2007, that compulsory education was expanded to grades 11 and 12 of secondary school, that efforts are being undertaken to increase the enrolment in kindergarten and other early childhood facilities and that a compulsory pre-school year was introduced (CRC/C/KAZ/CO/3, paragraph 57). However, the Committee on the Rights of the Child also expressed its concern that education for many children is not free of cost and that a small but significant percentage of children are not enrolled in schools or leave secondary school before completion. Indeed, according to the Government’s statement, 92.9 per cent of children attended primary school at the age of seven in 2006, the region with the lowest attendance rate being Vostochno-Kazakhstanskaya, with 80.4 per cent. Moreover, the Committee notes that, according to the Summary Outline for the 2006 Action Programme on the elimination of the worst forms of child labour through education and employment of youth aged 14–18, UNICEF data showed that only 75 per cent of children from 7 to 11 regularly attend school and do not miss classes without reason. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to provide information on the impact of these programmes and measures on improving the quality of free basic education and, in particular, on reducing the school drop-out rates.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking and commercial sexual exploitation. In its previous comments, the Committee had noted that, according to the information available at the Office, Kazakhstan is a source, transit and destination country for people trafficked for the purposes of sexual exploitation: men, women and children are trafficked to the United Arab Emirates, Turkey, Israel, South Korea, Greece, Cyprus, Russian Federation, Syria and Western Europe. It had noted that, according to the same source, Kazakhstan’s interagency National Working Group on Trafficking in Persons had made progress in implementing the National Action Plan for fighting, prevention and protection against human trafficking adopted in 2004, but that prosecution numbers remained low relative to the size of the problem. The Committee notes that the Committee on the Rights of the Child reiterated this concern in its concluding observations of 8 June 2007 (CRC/C/KAZ/CO/3, paragraph 65). It also notes that, in continuity with the 2004 National Action Plan, a subsequent plan was adopted for 2006–08. Furthermore, an ILO–IPEC action programme to mobilize the community to combat the worst forms of child labour was implemented from May to December 2007 in the South Kazakhstan oblast. This action programme aims to benefit children working in the worst forms of child labour, including those engaged for commercial sexual exploitation, by applying four strategies: (a) community mobilization; (b) direct assistance to the children and their families; (c) awareness raising and advocacy; and (d) child labour monitoring. The Committee notes, however, that, despite these efforts, the Committee on the Rights of the Child remained concerned at the prevalence of national and cross-border trafficking in Kazakhstan (CRC/C/KAZ/CO/3, paragraph 67). Consequently, the Committee urges the Government to redouble its efforts to withdraw children from trafficking, commercial sexual exploitation and prostitution, and rehabilitate them. It requests the Government to provide information on the concrete impact of the measures implemented on withdrawing children from being engaged in those types of worst forms of child labour, and on the results attained.

2. Hazardous work. The Committee notes the Government’s information that the Zabota Crisis Centre implemented a programme to monitor the worst forms of child labour in the city of Almaty and the Almatynskaya region from April to December 2006. The objective of the programme was to provide education and rehabilitation to children identified as being involved in the worst forms of child labour. The Committee also notes that an ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures targeting working children and at-risk children in Almaty City and Almaty oblast was implemented in 2007. The programme, which targets at least 600 children, aims to benefit children involved in hazardous work like carrying heavy weights in the markets, car washing and workers at gas stations by offering social rehabilitation and adaptation courses at the Zabota Crisis Centre. The Committee requests the Government to provide information on the number of children who were withdrawn from the worst forms of child labour and rehabilitated as a result of the abovementioned programmes.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 10 July 2006, at the increasing number of street children and inappropriate policies and programmes implemented by the juvenile affairs services to address the situation (CRC/C/15/Add.213, paragraph 74). The Committee notes that the Committee on the Rights of the Child expressed, in its concluding observations of 8 June 2007, its deep concern that no adequate efforts have been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61). The Committee on the Rights of the Child urged the State party to intensify its efforts to provide protection and assistance to children living in the streets, considering their vulnerability to trafficking and economic and sexual exploitation, on the basis of comprehensive studies. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that they are protected from the worst forms of child labour and, in particular, from trafficking and prostitution. It requests the Government to provide information on the progress made in this regard.

2. Children deprived of family care (orphans). The Committee notes that an ILO–IPEC action programme for child labour prevention among children deprived of family care (orphans) through improving their access to professional education was implemented in 2007. According to the summary outline of this programme, the number of children without parental care in Kazakhstan is on the increase. In 2007, there were about 100,000 children registered as orphans. More than 17,000 children live in orphanages, youth houses and boarding schools. Furthermore, the summary outline indicates that, according to the alternative report of Kazakhstani non-governmental organizations on the implementation of the UN Convention on the Rights of the Child, the prostitution of minors is widely spread in Kazakhstan, with 40 per cent of girls having received money for their sexual services, and that a significant part of this category of children is constituted of teenagers living under no parental guardianship. In this regard, the action programme aims to prevent orphan children aged 13–18 from falling into the worst forms of child labour through access to education and ensuring proper employment. The Committee requests the Government to provide information on the number of children deprived of family care who were protected and prevented from being engaged in the worst forms of child labour as a result of this action programme.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the Government’s report, studies on child labour were carried out in Kazakhstan which revealed that children are mostly engaged in the informal and agricultural (tobacco and cotton) sectors. However, it observes that very little information was provided on the situation of children engaged, more specifically, in the worst forms of child labour. Furthermore, it notes that, in its concluding observations of 8 June 2007, the Committee on the Rights of the Child expressed its regret that disaggregated data are not available with regard to children involved in commercial sexual exploitation, including prostitution, pornography and trafficking, as well as children working and/or living in the streets (CRC/C/KAZ/CO/3, paragraph 20). The Committee urges the Government to take measures to ensure that sufficient data on the commercial sexual exploitation of children, child trafficking and street children is available. The Committee also requests the Government to continue providing information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those 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 penal sanctions applied. To the extent possible, all information should be disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 128 of the Criminal Code, as amended on July 2003, provides for penalties for the offences related to the recruitment of juveniles (i.e. under 18 years) for sexual or other exploitation, or for purposes of trafficking and transit beyond the borders of, and through the territory of, Kazakhstan. It further notes that section 133(1) of the Criminal Code punishes the purchase and sale of a juvenile, or the commission of other transactions with regard to a juvenile in the form of transfer or possession of the juvenile. The offence is more severely punished where the same act is committed with the illegal export of a juvenile outside of, or his illegal import into, the Republic of Kazakhstan (section 133(2)(e)); for the purpose of involvement of the juvenile in the commission of a crime (section 133(2)(f)).

2. Forced and compulsory labour. The Committee notes that article 24 of the Constitution guarantees the freedom to work and the free choice of occupation and profession. Forced labour is prohibited except under a court sentence or in a state of emergency or war. The Committee also notes that section 6 of the Labour Law of 1999 prohibits forced labour, except under a court sentence or a state of emergency or martial law.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that, according to article 36 of the Constitution, defence of the Republic of Kazakhstan is the sacred duty and responsibility of every citizen, and citizens must perform military service. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child of 24 September 2002 (CRC/C/41/Add. 13, paragraph 65), under the 1993 Law on Universal Military Duty and Military Service, the minimum age for obligatory and voluntary service is 18. It also notes that, according to the information available at the Office, the 2001 Law on Military Service on a contract states that the minimum voluntary recruitment age is 19 years, but that boys and girls may sign up for voluntary military service to study in the academies at the age of 17.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that section 132 of the Criminal Code punishes the involvement of a juvenile, amongst others, into prostitution. Furthermore, section 270 provides that it constitutes an offence to draw into prostitution, by way of violence or a threat to apply it, the use of a dependent position, blackmail, destruction or damaging property or by way of deceit. Section 271 punishes the organization or maintenance of whorehouses and pandering. The Committee further notes that, according to the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (hereinafter initial report to the CRC on the Optional Protocol) of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 7), the Rights of Children Act of 2002 guarantees protection for children from prostitution and pornography (section 40). The Committee requests the Government to supply copies of the relevant provisions of the Criminal Code and the Rights of Children Act of 2002.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 273 of the Criminal Code prohibits the manufacture and distribution of pornographic material for the purposes of distribution or advertisement, as well as illegal trade in pornographic publications, video or pictures. It also notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 76), section 115 of the Code on Administrative Offences of 2001 prohibits a person from involving minors in the production of articles with erotic content, and in the dissemination, advertisement and sale of said articles.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee notes that section 132 of the Criminal Code imposes penalties on any person who involves a minor in the commission of antisocial acts, including the use of drugs and alcohol, prostitution, vagrancy or begging.

Clause (d). Hazardous work. The Committee notes the Government’s information that, by virtue of section 11 of the Labour Act, persons younger than 18 years of age may not be admitted to hard work, nor to work in harmful or hazardous conditions. The prohibition to employ persons younger than 18 years to do hard work or work in harmful (especially harmful) and hazardous (especially hazardous) working conditions is also set forth in section 15(1) of the Safety and Protection at Work Act.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that, in pursuance of the provisions of section 15(2) of the Act 528 on Safety and Security at Work, the Ministry of Labour and Social Protection issued Order No. 45 of February 2005 “on the approval of the list of works and professions in the sphere of hard physical works and works with harmful (specifically harmful), hazardous (specifically hazardous) labour conditions in which it is prohibited to employ persons who do not attain 18 years of age”. The Committee notes with interest that this Order sets out a comprehensive list of industries and occupations involving hard work, or work in harmful working conditions, in which the employment of persons younger than 18 years is prohibited.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that, under section 102 of the Labour Law, state control compliance with this Law and other normative legal acts on labour is exercised by state labour inspectors from the competent authority. It also notes that section 103 of the Labour Law specifies the functions of the labour inspectors and section 104 spells out the powers of the labour inspectors. The Committee also notes the Government’s information that, by virtue of section 4 of the Safety and Protection at Work Act, the competent authority and its legal offices exercise control and surveillance of safety and protection at work. The Committee requests the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. Moreover, as Article 3(a) to (c) of the Convention concerns crimes of penal nature, the Committee requests the Government to indicate whether monitoring mechanisms other than the labour inspectorate have been established to monitor the application of provisions of the Conventions.

Article 6. Programmes of action. The Committee notes that Kazakhstan is one of the countries participating in the ILO/IPEC project “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour”, aimed at contributing to the elimination of the worst forms of child labour in central asian countries. Under this project, started in 2004, the activities in Kazakhstan fall under the following five categories: (1) building the knowledge base on child labour; (2) awareness raising and dissemination of information; (3) support to targeted interventions for prevention, withdrawal and rehabilitation; (4) creating linkages and networks; and (5) formulation, implementation and enforcement of policies and legislation. A number of activities have been already implemented with the support of ILO/IPEC and the engagement of the Government, trade unions, employers and NGOs, including: (a) a workshop on child labour organized in October 2005 by the Union of Agricultural Workers of Almaty oblast mostly aimed at identifying the sector and region specific worst forms of child labour to be eliminated; (b) the integration of the Child Labour Module in the Multiple Indicators Cluster Survey (data collection started in 2006); (c) the organization, with the support of UNICEF, of the Conference “Protection of Rights of the Child – New Strategy of the State”, which includes a section on the elimination of the worst forms of child labour; (d) the conduct by the Association of Young Leaders, jointly with governmental and non-governmental partners, of informal exploratory micro-research activities, aimed at engaging children in the combat against the worst forms of child labour; (e) a seminar on child labour and corporate social responsibility promoted by the National Confederation of Employers; (f) legal review and proposals aimed at promoting compliance with Conventions 138 and 182; (g) organization of a workshop entitled “Mass Media on Combating Child Labour” by the Association of Women of Intellectual Labour, which has engaged journalists from all regions of Kazakhstan; (h) a number of meetings and events aimed at the elimination of the worst forms of child labour involving the Ministry of Labour and Social Protection, the ombudsman, and other key partners. The Committee requests the Government to continue providing information on the implementation of the “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour” and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Code provides sufficiently effective and dissuasive penalties of imprisonment for the following offences: recruitment of minors for sexual or other exploitation, including for purposes of trafficking and transit (section 128); purchase and sale of a minor (section 133); involvement of minors in the commission of prostitution (section 132); drawing into prostitution (section 270); and dissemination of pornography (section 273). It also notes that section 115 of the Code on Administrative Offences of 2001 punishes, by fines, the involvement of minors in the production of pornographic material and dissemination of such material. Furthermore, sections 148 and 152 of the Criminal Code respectively punish by fines, the violation of labour legislation and, by fines and imprisonment, the violation of the rules of labour safety. The Committee requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking and commercial sexual exploitation. The Committee notes the Government’s information that, in pursuance of the Government’s Action Plan for fighting, prevention and protection against human trafficking for 2004-05, adopted through Decree No. 219 of 2004, the Ministry of Labour and Social Protection of the Population and the ILO/IPEC in 2005 jointly started a three-year programme for the eradication of the worst forms of child labour. It also notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 16), an inter-agency commission headed by the Minister of Justice has been established to combat the unlawful transfer of persons abroad, transfer of persons in the country and trafficking in persons. The Committee notes that, according to the information available at the Office, Kazakhstan is a source, transit and destination country for people trafficked for the purposes of sexual exploitation: men, women and children are trafficked to the United Arab Emirates, Turkey, Israel, South Korea, Greece, Cyprus, Russia, Syria and Western Europe. According to the same source, Kazakhstan’s interagency National Working Group on Trafficking in Persons made progress in implementing the National Action Plan adopted in 2004, but prosecution numbers remain low relative to the size of the problem.

The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 30), in Kazakhstan child prostitution continues to be a serious problem and reports show that it has increased considerably. It also notes that, in its concluding observations of 10 July 2003 (CRC/C/Add.213, paragraph 72), the Committee on the Rights of the Child expressed concern at the growing involvement of children in the sex industry and the apparent indifference of society towards the issue of child prostitution, including reports of parents themselves reportedly forcing their children to earn money through prostitution. The Committee expresses its concern at the situation described above and strongly encourages the Government to take effective and time-bound measures to prevent children from being engaged in trafficking, sexual exploitation and prostitution.

2. Ensuring access to free basic education. The Committee notes that, by virtue of section 30 of the Constitution and the Education Act of 1999, secondary education (i.e. until 17 years) is compulsory and free for every citizen in state-run educational institutions. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child of 24 September 2002 (CRC/C/41/Add.13, paragraph 274), the realization of the constitutional right of all citizens to receive a general secondary instruction is a priority. The Government to this end has undertaken a number of initiatives, including the creation of new educational methods and infrastructures. Firstly, the establishment of the “Universal Education Foundation” played a significant role in providing assistance to deprived and large families for the education of their children. Furthermore, the Ministry of Education and Science, jointly with other Ministries, is taking serious steps to ensure that all children of school age attend school and a plan of action has been adopted to this purpose. According to the same source, following the adoption of the Education Act, textbooks for forms 1 to 11 have been made available for retail sale from the 1999-2000 school year. Furthermore, there is free provision of textbooks for pupils in state general schools and boarding schools who are from large families as well as from families who are in target groups for the receipt of social assistance, orphan children and children left without parental care. The Committee, however, notes that, in its concluding observations of 10 July 2003 (CRC/C/15/Add.213, paragraph 61), the Committee on the Rights of the Child expressed its concern, amongst others, at the increasing dropout rates in secondary and vocational education and at the important regional disparities in the number of educational establishments and in quality of education, with rural areas being at particular disadvantage. The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It requests the Government to provide further information on the abovementioned measures, and their impact on improving the access of children to free basic education. It also asks the Government to supply data on the enrolment and dropout rates in school.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the absence of information on this point in the Government’s report. It requests the Government to provide information on the effective and time-bound measures taken or envisaged to remove child victims of trafficking and prostitution from the worst forms of child labour and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that, in its concluding observations of 10 July 2003 (CRC/C/15/Add.213, paragraph 74), the Committee on the Rights of the Child expressed its concern at the increasing number of street children and inappropriate policies and programmes implemented by the juvenile affairs services to address this situation. The Committee recommended to the State party to undertake a study to assess the scope and the cause of the phenomenon and consider establishing a comprehensive strategy to address the high and increasing number of street children, with the aim of preventing and reducing this phenomenon. The Committee asks the Government to provide information on the effective and time-bound measures taken or envisaged with the aim of protecting street children from the worst forms of child labour. It also requests the Government to supply a copy of the study regarding street children, as soon as it becomes available.

Article 8. International cooperation. The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 135 and 136), the UNDP, ILO, UNICEF, the United States Agency for International Development (USAID), the World Bank, the European Development Bank and other international organizations provide technical assistance to Kazakhstan in its efforts to carry out economic reforms, ensure social development and security and reduce poverty. Furthermore, in July 2003 the Government and the Asian Development Bank signed a partnership agreement to reduce poverty.

Part III of the report form. The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraphs 13 and 14), in 2002 investigations were conducted in Kazakhstan in connection with five criminal cases involving trafficking in minors. Four of them were in south Kazakhstan oblast and one in Almaty oblast. According to statistical data, in 2003 Kazakh courts convicted eight persons, seven of whom were women, for offences covered by section 133 (trafficking in minors) of the Criminal Code. In 2003 the courts did not hear any criminal cases involving offences covered by section 270 of the Criminal Code (recruitment for prostitution) in which the victims were minors.

Parts IV and V of the report form. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including studies and inquiries and, where such statistics exist, 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.