Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République de Moldova (Ratification: 2002)

The Committee notes the Government’s first and second reports and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 30 of the Law on the Rights of the Child obliges the State to take all necessary measures to protect children (defined in the Law as persons up to the age of 18) against kidnapping and trafficking. It also notes that section 165 of the Criminal Code prohibits trafficking in human beings. The Committee further notes that section 206 of the Criminal Code deals specifically with the trafficking of children, defined as the recruitment, transportation, transfer, harbouring, receipt or the giving of a child for the purpose of: (a) sexual exploitation, exploitation in prostitution and in the pornographic industry; (b) exploitation in forced labour or services; (c) exploitation in slavery and slave-like conditions; (d) use in armed conflicts; (e) use in criminal activity; (f) removal of organs or tissues for transplant. It also notes that section 207 of the Criminal Code prohibits the transportation of a child abroad using falsified documents or by other illegal means. It requests the Government to indicate the definition of the term "child" for the purposes of sections 206 and 207 of the Criminal Code.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 44 of the Constitution of the Republic of Moldova prohibits forced labour. It also notes that sections 166-168 of the Criminal Code prohibit illegal deprivation of liberty, slavery and conditions similar to slavery and forced labour. In particular, section 168 provides for penalties for "forcing a person to perform a labour against his/her will or forcing a person to compulsory labour, keeping a person in servitude for the repayment of a debt; obtaining labour or services through coercion, deception, force or threat of force".

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 28 of the Law on the Training of Citizens for the Defence of the Motherland of July 2002, male citizens of the Republic of Moldova who have attained the age of 18 years are liable for recruitment into military service. It also notes that the Government ratified the Optional Protocol to the CRC on involvement of children in armed conflict in 2004 with a declaration, confirming that the minimum age for recruitment into military service in the Republic of Moldova is 18 years. The Committee further notes that section 210 of the Criminal Code provides for penalties for instigating minors to participate in military action.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 208 of the Criminal Code prohibits the encouragement of minors into immoral acts. It also notes that section 220 of the Criminal Code penalizes the offence of pimping. Subsection 2(a) of section 220 specifies a higher penalty where this offence is committed against a minor. The Committee requests the Government to indicate the definition of term "minor" for the purposes of these provisions of the Criminal Code.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 6 of the Law on the Rights of the Child puts an obligation on the State, in particular, to protect a child from use for the production of pornography. However, it notes that violation of provisions of the Law cannot lead to a prosecution solely based on the Law. Section 32 states than perpetrators are brought to justice in accordance with legislation. The Committee further notes that there appear to be no provisions in the Criminal Code prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 208 of the Criminal Code forbids the instigation of minors into criminal activities. It also notes that subsection 2(a) of section 302 of the Criminal Code punishes anyone who involves minors in begging. It further notes that section 217 of the Criminal Code prohibits the production and trafficking of drugs and psychotropic substances. The Committee requests the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3. Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that the Law on the Rights of the Child (section 11(3)) puts an obligation on the State to protect children from economic exploitation and from performing work that can be harmful for their health and development. It also notes that, pursuant to section 255 of the Labour Code, persons under the age of 18 are forbidden to perform heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, manufacture, transportation and trade in alcoholic drinks, tobacco products, narcotic and toxic products). Lifting and carrying weights, exceeding the established limits is prohibited. Sections 103 and 105 of the Labour Code prohibit the employment of persons under the age of 18 for night work and overtime work.

2. Self-employed workers. The Committee notes that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract. Therefore, the Labour Code appears to exclude children who work under other kinds of contractual arrangements such as self-employment from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1. Determination of hazardous work. The Committee notes that the hazardous types of work have been determined by a list, approved by Government Decision No. 562 of 7 September 1993. The list includes types of work that are performed in 32 branches of the economy, in particular, underground work, metallurgical manufacture, work with electric power, petrochemical manufacture, microbiological manufacture, work in the industry of building materials, manufacture of glass and products from glass.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the labour market survey, carried out by the Department of Statistics and Sociology, included findings in respect of child labour in the informal sector. The first results should have been published at the end of 2004. The Committee therefore requests the Government to provide the results of the labour market survey in respect of existing hazardous types of work performed by persons under the age of 18.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to section 372 of the Labour Code, labour inspection under the Ministry of Labour and Social Protection is the central body of public administration executing the state control over the observance of the labour legislation, including working conditions of minors and women. Pursuant to section 374(2) of the Labour Code, labour inspectors have the right to apply administrative sanctions for the infringement of the provisions of the national legislation. The Committee also notes that, while exercising their supervisory functions, labour inspectors have, in particular, the right to visit, at any time of the day or night and without preliminary notification, an employer and workplaces; request and obtain from employers the required documents and data; give an order to suspend the operation of enterprises, shops, buildings and technological equipment, as well as to stop the execution of works and technological processes, which are not in conformity with the labour protection standards; demand to eliminate immediately or within a certain period of time the violations revealed. The Committee requests the Government to provide further information on the functioning of the labour inspection, including any extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

2. National Council for Child Rights Protection. The Committee notes that, according to the Government’s initial report to the Committee of the Rights of the Child (CRC/C/28/Add.19 of 3 May 2002, paragraphs 78-83), the National Council for Child Rights Protection was created by the Government Decision No. 106 of 30 January 1998. The Council is a governmental body and one of its basic responsibilities is to elaborate governmental policies with a view to the implementation of children’s rights at the national level, in particular in the field of child protection. In its activity, the Council collaborates with ministries and departments, and local public administration bodies, as well as with international organizations and non-governmental structures (UNICEF, UNDP, the World Bank, the European Trust for Children and Save the Children). The Committee requests the Government to provide further information on the National Council for Child Rights Protection, in particular on its achievements in eliminating the worst forms of child labour.

3. National Committee against Trafficking and Anti-Trafficking Directorate within the Ministry of Interior Affairs. The Committee notes the Government’s information that the National Committee to Combat Trafficking in Persons was established in 2001 as a permanent advisory body, which is in charge of the implementation of the national policy in this field. It also notes the existence of a special anti-trafficking directorate within the Ministry of Interior Affairs. The Committee requests the Government to provide information on the activities of these bodies aimed at combating the trafficking of children and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action to Combat Trafficking in Persons. The Committee notes the Government’s information that the National Plan of Action to combat Trafficking in Persons was approved by Government Decision No. 1219 of 9 November 2001. The National Plan of Action contains objectives such as awareness raising, harmonization of the national legislation and preparation of personnel authorized to enforce the legislation. It also notes the Government’s indication that a draft working plan is being elaborated, which includes, in particular, the following objectives: identification of the reasons and forms of trafficking in children, as well as the categories of children exposed to risk of becoming victims of trafficking, and rendering assistance to them and their families; prevention of the abandonment of children; identification of the difficulties in the national legislation and in its application in this sphere. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 20), many elements of the National Plan still have not been implemented. In particular, the national legislation on assistance and protection of victims is not enforced accurately and there is a lack of efficient collaboration between the pertinent bodies. The Committee encourages the Government to redouble its efforts to combat child trafficking. It requests the Government to continue providing information on the concrete measures taken to implement the National Plan and on the progress made in the elaboration of the draft working plan on child trafficking.

2. National Action Plan in the Field of Human Rights for 2004-08. The Committee notes the Government’s information that in 2003 the Parliament of the Republic of Moldova approved the National Action Plan in the Field of Human Rights for 2004-08. Under this Plan it is envisaged to develop a draft Law on the Measures to Prevent and Combat Trafficking in Persons and to elaborate programmes providing social security assistance to the victims of trafficking and ensuring their protection and social and economic integration. The Committee asks the Government to provide information on the implementation of this Action Plan and on the progress made in developing the draft law on trafficking.

Article 7, paragraph 1. 1. Penalties in general. The Committee notes that sections 167, 168, 208, 210 and 220 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting slavery and conditions similar to slavery, forced labour, instigation of minors into criminal activities, instigation of minors participating in military action and pimping. It also notes the Government’s information that section 41(3) of the Code on Administrative Offences provides for the imposition of a fine for "involvement of the persons under age in work endangering their health, or constituting an obstacle to receiving education, or causing damage to their physical, mental, spiritual and social development". It further notes that section 183 of the Criminal Code provides for penalties for the breach of the labour protection rules resulting in an accident or other grave consequences. The Committee requests the Government to provide information on the application of these penalties in practice.

2. Penalties for trafficking in children. The Committee notes that section 206 of the Criminal Code imposes a penalty of imprisonment of ten to 15 years for the offence of trafficking in children. It notes however that, according to the results of the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 8), approximately 5,000 girls every year are trafficked for sexual exploitation to the Russian Federation alone. The Committee also notes that, according to the same survey, in 2003, only 150 cases of trafficking had been filed and 36 people convicted. The Committee notes that the actual enforcement of the existing penalties is quite ineffective. It 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. The Committee accordingly asks the Government to take the necessary measures to ensure that persons who traffic in children under the age of 18 for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibition on the trafficking of children for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to section 10 of the Law on the Rights of the Child, every child has the right to free education. It notes however that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 41) expressed concern with the declining expenditure on education and with the drop in the quality and accessibility of education with a consequent decrease in enrolment across all levels of compulsory education as well as increase of drop-out rates. According to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 12), the number of unschooled children is growing and it is estimated that such children represent 11 per cent of all 5-16 year-olds. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that the National Plan "Education for All" for 2004-08 was adopted in May 2004. It envisages, inter alia, providing services to children who find themselves in particularly difficult situations, including speech therapy, psycho-pedagogical and specialized medical aid and services of pedagogical and psychological rehabilitation. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 46), "Moldovan society is very skeptical and intolerant, especially of girls trafficked for prostitution. They are marginalized and are not offered any chance of re-entering society. Support services for the girls are limited and there is no specialized service for victims who need long-term rehabilitation." The Committee requests the Government to provide information on the time-bound measures taken for the rehabilitation and social integration of child victims of trafficking especially girls trafficked for prostitution.

Clauses (d). Identifying and reaching out to children at special risk. 1. Child victims of trafficking. The Committee notes that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 5), Republic of Moldova has become one of the main suppliers of the sex trade in Europe. Children are trafficked mostly for sexual exploitation and into labour, including begging. Destination countries of trafficking of children are Albania, Bosnia and Herzegovina, Cyprus, Greece, Israel, Lebanon, The former Yugoslav Republic of Macedonia, Russian Federation, Serbia and Montenegro, Turkey, United Arab Emirates, Ukraine and others. The Committee also notes that Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 45) expressed deep concern about the serious proportions of trafficking of girls from the Republic of Moldova. The Committee invites the Government to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken to combat child trafficking.

2. Street children. The Committee notes that the Government’s Decision No. 233 was adopted on 28 March 2001 on certain measures to reduce such social phenomena as begging, vagabondage and "street children". These measures include: creation of the centres for rendering necessary social assistance to child-vagabonds; involvement of charity organizations in the process of providing support and assistance to the persons engaged in begging and vagabondage; keeping a record of the persons without livelihood (including beggars, vagabonds and street children). The Committee requests the Government to supply a copy of the abovementioned Decision and to provide information on the impact of the above measures on protecting street children from the worst forms of child labour.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that the Republic of Moldova is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Republic of Moldova ratified the Convention on the Rights of the Child in 1993. The Committee further notes that the Republic of Moldova signed in 2000, but has not yet ratified the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

2. Regional cooperation. The Committee notes that the Republic of Moldova is a participating State of the Regional Centre for Combating Trans-border Crime (the South-Eastern European Cooperative Initiative). It also notes that a subregional project has been initiated by ILO/IPEC on "Combating Trafficking in Children for Labour and Sexual Exploitation in the Balkans and Ukraine", which covers four countries: the Republic of Moldova, Albania, Ukraine and Romania. The Committee requests the Government to provide information on the impact of the abovementioned measures of cooperation and assistance on eliminating the trafficking of children for labour or sexual exploitation.

Part III of the report form. The Committee notes the Government’s information that in 2004 under section 206 of the Criminal Code (trafficking of children) 25 cases were initiated of which nine were directed to the courts. Under section 208 of the Criminal Code (involvement of minors in criminal activities) 200 cases were initiated, including 170 cases, which were directed to the court. Under section 220 of the Criminal Code (pimping, only in respect of minors) ten cases were initiated, including five cases, which were directed to the court. The Committee encourages the Government to continue to supply information on courts decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore 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. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, 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.