Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ukraine (Ratification: 2000)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the ILO/IPEC publication entitled “Child trafficking – the people involved. A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee had further noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee had observed that section 149 of the Penal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

The Committee notes with interest the Government’s information on the comprehensive measures adopted at various levels to prevent and combat child trafficking. These include:

(a)   the adoption in 2006 of amendments to the Criminal Code designed to increase the penalties imposed on persons committing the offences of human trafficking and involvement of children in prostitution (penalties increased to imprisonment for 5–12 years if victims are aged between 15 and 18 and to imprisonment for 8–15 years if victims are aged between 0–14 years);

(b)   the approval by the Cabinet of Ministers on 7 March 2007 of a Programme for Fighting Human Trafficking (2007–10) and consequent preparation by the Ministry of Internal Affairs (MIA) of a Plan of Action to implement the Programme, which contains measures to prevent child trafficking;

(c)   the adoption in June 2007 of the Law on the “State Programme/National Action Plan to Implement the Convention on the Rights of the Child until 2016” (the issues of child labour and child trafficking were mainstreamed into the National Action Plan);

(d)   elaboration by the Ministry of Family, Youth and Sport, in cooperation with the Ministry of Labour and Social Policy and the MIA of a draft National Programme containing sections regarding the prevention of illegal labour migration and forced labour and measures to protect child victims of trafficking;

(e)   measures taken at the educational level to prevent trafficking by involving teachers and parents of child students;

(f)    social inspections carried out to verify compliance with the requirements of legislation on protection of children’s rights;

(g)   awareness-raising events on prevention of child trafficking and commercial sexual exploitation organized among the security services and other enforcement bodies; and

(h)   rehabilitative services provided to child victims of trafficking or vulnerable to trafficking in five rehabilitation centres for victims of trafficking and 60 centres for child social protection.

The Committee also notes with interest that the Government has taken a number of measures to ensure that the legislation on trafficking is enforced and persons who traffic in children for labour or sexual exploitation are, in practice, prosecuted. These include:

(a)   establishment within the MIA of a Department to Combat Offences related to Trafficking in Persons;

(b)   inspections conducted by the MIA in 2006 among a number of agencies offering placements abroad (24 cases of fraud related to placement abroad, some of which related to the trafficking of women and minors to the UAE);

(c)   arrest by the police of a number of organized criminal groups involved in trafficking (one case regarded the transfer to Turkey of three minors in order to sell them to a pimp; another case concerned the sale of 25 minor girls for their sexual exploitation in Moscow); and

(d)   increased supervision by the state border patrol service on the illegal removal of minors from Ukraine without parental consent (3,200 cases in 2005).

The Committee notes the Government’s information that the Department to Combat Offences related to Trafficking in Persons has increased the efficiency of its work since 2005. In 2005, 415 criminal cases were investigated under section 149 of the Penal Code (prohibiting trafficking), of which 357 were taken to court (23 cases concerned children). This represents 54.3 per cent more than in 2004. In 2006, 376 cases were investigated under section 149 of the Penal Code, of which 317 were taken to court (38 cases concerned children). Moreover, in 2005, through the activity of the Department to Combat Offences related to Trafficking in Persons, 446 victims of trafficking, including 39 minors, have been identified and returned to Ukraine. In 2006, 393 victims, including 52 minors, were identified and returned to Ukraine.

However, the Committee notes that, according to the Report of the Special Rapporteur on the Sale of Children, Child Prostitution, and Child Pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), trafficking in children through and from Ukraine is a big problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates. Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, as waiters, and for sexual services.

One characteristic of child trafficking in Ukraine is that in most cases children are trafficked within the country. They are expected to provide sexual services or to beg, despite promises of work as cleaners, waiters or hawkers. The recruitment for trafficking often takes place when traffickers, to force their victims to work, trap children in debt bondage: to pay off the costs of their trip and related “services” such as food and accommodation, the children must stay and work. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. As of 30 June 2006, 120 unaccompanied children were repatriated from nine countries, mostly from the Russian Federation, Turkey and Poland. Finally, according to the Special Rapporteur, notwithstanding the very useful efforts undertaken by IOM in providing assistance to victims of trafficking, the figure of 2,345 persons assisted since 2000 is just the tip of the iceberg and many victims remain unaccounted for and unassisted abroad or when they return to Ukraine.

The Committee welcomes the comprehensive measures taken by the Government to prevent and combat the trafficking of children under 18 years, as well as to prosecute child trafficking offenders. It observes, however, that, despites these measures and although the trafficking of children under 18 years is prohibited by law, it remains a serious issue of concern in practice. The Committee requests the Government to redouble its efforts to combat and eliminate the trafficking of children under 18 years for labour and sexual exploitation. It further requests the Government to pursue its efforts to ensure that persons who traffic in children for labour and sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee had noted that, according to the Federation of Trade Unions of Ukraine’s (FTUU) allegations, children in Ukraine were involved in prostitution, pornographic activities and the sex industry. This not only concerned young people of 15 years of age, but also children of 10 years of age. The Committee had observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee notes with interest that the Government has taken a number of measures to combat the use, procuring or offering of children under the age of 18 for prostitution and pornography. In particular, the police and the MIA units collaborated to dismantle the networks of individuals and organized criminal groups involved in prostitution and pornography (22 groups discovered in 2005 and 65 in 2006). In addition, in order to prevent the commercial sexual exploitation of children, from 2005 onwards, the police carried out around 2,500 raids and verified the legality of nearly 750 photographic studios, 307 modelling agencies, some 3,000 night clubs, 375 massage parlours and 525 hotels. Examples of cases of arrests by the police of groups involved in child pornography include:

(a)   the case of a modelling agency producing pornographic material of children in Kiev and Kharlov and disseminating such material over the Internet;

(b)   the case of a person living in the Poltava region who forced children to take part in the production of pornographic material for distribution and sale; and

(c)   the case of an organized criminal group selling pornographic material involving minors in the Donetsk region.

The Committee notes the Government’s information that, in total, in 2005, 282 cases regarding the offence of procuring prostitution (section 303 of the Penal Code), were taken to court, of which ten involved children. In 2006, 2,248 of such cases were taken to court, of which nine involved children. Moreover, the MIA units referred to the court 1,343 criminal cases related to section 301 (pornography). In 2005, 318 cases regarding the offence of pornography were taken to court, of which seven concerned children. In 2006, cases of pornography numbered 449, of which only three concerned children. The Committee requests the Government to continue to take the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also requests the Government to continue to provide information on the measures taken to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programme on child trafficking – PROTECT CEE. Following its previous comments, the Committee notes that the ILO/IPEC programme launched in 2002 relating to child trafficking in the Balkans and Ukraine entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE) ended on 31 January 2007. Under Phase II of PROTECT CEE, two regions (Hersonskaya and Donetskaya oblasts) decided to carry out pilot projects in
2005–06 aimed at creating and testing mechanisms to monitor the worst forms of child labour, including the sale and trafficking in children. PROTECT CEE targeted child victims of trafficking and children vulnerable to trafficking. The Committee notes with interest the comprehensive information contained in the Government’s report regarding the implementation of the PROTECT CEE and the results achieved. According to the Final Report of PROTECT CEE of 12 March 2007, various action programmes have been implemented in Donetsk and Kherson regions.

The action programme “Capacity Building for the Improvement of Care of Victims of Trafficking and Direct Support to their Long-Term Reintegration” had the following main outcomes: (a) 37 psychologists and social workers were trained on psychosocial rehabilitation of child victims of trafficking (and a draft manual was prepared for social workers in charge of providing rehabilitative services to child victims of trafficking); and (b) 20 children at high risk were prevented from entering trafficking and 69 child victims of trafficking were withdrawn. Under the action programme “Support to existing Community-based Youth Centres in the pilot regions of Donetsk and Kherson to reduce vulnerability to trafficking, identify potential victims, and facilitate social inclusion of returnees”: (a) 52 peer educators were trained on provision of life skills; and (b) 722 children at risk were prevented from entering trafficking, and 57 child victims of trafficking were withdrawn. Finally, under the action programme “Promotion of youth employment in two pilot oblasts”: (a) 50 career/job counsellors from the Public Employment Service (PES), school psychologists and social workers from Donetsk and Kherson regions were trained on job counselling; (b) 420 children at risk were prevented from entering trafficking and 70 child victims of trafficking were withdrawn through the provision of educational activities, vocational training, counselling, career guidance, uniforms, stipends and job placement; and (c) 82 family members were provided with counselling sessions on education/vocational training and career guidance/job counselling. Noting that the PROTECT CEE Programme ended on 31 January 2007, the Committee requests the Government to continue to take measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

2. Programme to combat the commercial sexual exploitation of children. The Committee had previously noted that in July 2004 Ukraine signed an agreement of cooperation with ECPAT International (“End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes”) on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation was to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. It notes the Government’s information that ECPAT, and the NGO “La Strada-Ukraine” are implementing the Project on the “Development of the national system of assistance for child victims of trafficking and sexual exploitation”. The project is designed to elaborate the national and international framework of assistance for child victims of trafficking and commercial sexual exploitation. In 2005, ECPAT also started to introduce measures to prevent the use of children for the production of pornographic material. The Committee requests the Government to provide further information on the implementation of the ECPAT/La Strada-Ukraine Project “Development of the national system of assistance for child victims of trafficking and sexual exploitation” as well as the results achieved with regard to combating the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. 1. Child trafficking. The Committee had previously noted that the MIA of Ukraine prepared multilateral and bilateral agreements to promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking, with the Czech Republic, France, Hungary, Israel, Poland, Romania, Republic of Moldova, Sweden, Turkey, United Kingdom and the former Yugoslav Republic of Macedonia. It notes the Government’s information that the MIA ensures a constant exchange of information with the police in these countries concerning criminal groups and individuals involved in trafficking Ukrainian citizens, including minors, abroad for sexual or labour exploitation. As a result of the cooperation with these countries, the following results have been obtained:

(a)   between 2005 and 2006, 96 instances of Ukrainian women being trafficked to Turkey were identified, 71 Ukrainian women who were in a situation of sexual slavery in Turkey were returned to Ukraine, and six organized groups involved in trafficking of Ukrainian women to Turkey were dismantled;

(b)   in September 2005, as a result of joint action with Scotland Yard, the Ukrainian police arrested the members of a group with international connections involved in the sale and trafficking of young Ukrainian women for sexual exploitation in the United Kingdom;

(c)   in 2005, a network which sold and trafficked women to Bulgaria and Greece was dismantled and offenders prosecuted; and

(d)   a regional cooperation project to dismantle the international human trafficking networks with the law enforcement agencies of the Czech Republic was approved.

The Committee notes with interest the Government’s information that, taking into account the transnational nature of trafficking and the commercial sexual exploitation of children, Ukraine has established cooperation with Interpol, Europol, the Regional Centre of the South-East Cooperation Initiative for Cooperation against Transnational Crime (SECI), as well as international organizations and law enforcement agencies of other countries. The Committee requests the Government to continue to provide information on the impact of the international cooperation measures on the elimination of the trafficking of young persons under 18 for labour or sexual exploitation.

2. Commercial sexual exploitation of children. The Committee notes with interest that Ukraine cooperated at the international level to prevent and combat child pornography. Measures taken in this regard include:

(a)   bilateral cooperation with the United States to study advanced methods of documenting criminal activities related to the production and dissemination of child pornography through the Internet;

(b)   obtaining access to the Interpol database containing photos of child victims of commercial sexual exploitation, and to the International Registration Centre database containing data on missing children subject to exploitation; and

(c)   collecting a database, in cooperation with Interpol on 400 persons convicted in foreign countries for sex crimes committed against minors.

As a result of information exchange with the police of other countries, it was possible to conduct various cases regarding child pornography production and distribution, and prosecute the offenders.

The Committee is also addressing a request directly to the Government concerning other points.