Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Fédération de Russie (Ratification: 2003)

Article 5. Monitoring mechanisms. The Committee had previously noted that, according to sections 354–365 of the Labour Code, the Federal Labour Inspectorate carries out supervision and monitors compliance with the labour legislation and other regulations containing labour law standards by means of inspections, investigations, the issue of binding instructions and the institution of proceedings against guilty parties in accordance with the federal law. The Committee had also noted that chapter 58 of the Labour Code refers to the protection of employees’ labour rights by trade unions. It had noted that, in this regard, section 370 formulates that the trade unions shall have the right to monitor compliance by employers and their representatives with the labour legislation and other regulations containing labour law standards. The Committee once again requests the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action. 1. Federal programme “Children of Russia”. Following its previous comments, the Committee notes that the Federal targeted programme “Children of Russia” for 2003–06 was extended from 2007 to 2010 by Government Decree No. 79-r of 26 January 2007. According to the Government’s information, the programme includes the implementation of measures aimed at the prevention of child neglect and juvenile crime, which should help reduce the proportion of neglected children to 2.17 per cent of the total child population and increase the proportion of children who receive social and rehabilitative services in specialized institutions to 83.3 per cent of the total number of neglected and homeless children. The Committee notes that the Ministry of Health and Social Development was designated as State Coordinating Director of the federal programme and that a Coordinating Council was established to ensure its implementation. The Committee requests the Government to provide information on the impact of the federal programme “Children of Russia” on the effective elimination of the worst forms of child labour and, more specifically, on preventing homeless and neglected children from being engaged in such forms of child labour.

2. Government Commission on Child Affairs and Protection of their Rights. The Committee notes from the Government’s report that the Government Commission on Child Affairs and Protection of their Rights was established by Government Decree No. 272 of 6 May 2006. The Commission is divided into three sections: (a) the one responsible for improving the situation of neglected children and those involved in juvenile crime; (b) the one that deals with the coordination of the State activities in the fields of health, education and social and legal protection of children; and (c) the one that collaborates with non-governmental organizations, businesses and educational and sports organizations for children and young persons. According to the Government’s report, the Commission’s significance is shown through the active measures adopted in the framework of national projects. The Committee notes that, according to the 2005 Final Self-Evaluation report for the ILO/IPEC Action Programme “Enhancing the Capacity of the Leningrad Region Government to Coordinate the Child Labour Campaign”, one such measure is the establishment of a Child Labour Working Group within the Commission as a prototype for a Child Labour Unit, which coordinates the campaign against child labour in the Leningrad region. The Committee requests the Government to provide information on the impact of the Child Labour Working Group as well as the impact of any other measures taken by the Government Commission on Child Affairs and Protection of their Rights on protecting children under 18 years of age from the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted that the Criminal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of several provisions concerning the worst forms of child labour. The Committee notes the Government’s information that amendments were made to the Criminal Code in Federal Bill No. 108017-3. These amendments aim, in particular, to strengthen measures concerning the criminal liability of persons recruiting children in the worst forms of child labour, especially in prostitution. The Committee requests the Government to provide a copy of Federal Bill No. 108017-3 and to clearly indicate the provisions which increase the criminal liability of persons who engage children in the worst forms of child labour and, more specifically, in prostitution. It also, once again, requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Time-bound and effective measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that an ILO/IPEC Action Programme “School-Based Awareness-Raising Campaign against the Worst Forms of Child Labour in Moscow” was implemented in 2004 and 2005. According to the programme’s Final Self-Evaluation report of 2005, the Action Programme introduced a new approach towards prevention of child labour and its worst forms at the school level by raising awareness with school children and their parents. Within the scope of the programme, 619 children between the ages of 10 and 17 were directly reached and sensitized about the worst forms of child labour with, among other things, an information kit which includes a book for students, a brochure for parents and manuals for pedagogues, social workers and school psychologists. The Committee also notes that an ILO/IPEC Action Programme “School-Based Child Labour Monitoring System Established in the Vyborg District of the Leningrad Region” was implemented in 2007. According to the progress report for the period of 18 June 2007 to 28 December 2007, the Action Programme aimed to establish an effective district-wide mechanism for the prevention of child labour at the school level, with the possibility of extending the model to other districts. The Committee notes that this Action Programme has already reached 120 children at risk of being engaged in child labour and its worst forms, and that 30 parents are cooperating with schools in order to prevent children from being engaged in such types of child labour. The Committee encourages the Government to continue its efforts to prevent children under 18 years of age from being engaged in the worst forms of child labour. It requests the Government to provide information on the progress made in the establishment of the mechanism for the prevention of child labour at the school level and on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result.

Clause (d). Identifying and reaching out to children at special risk. Street children.  In its previous comments, the Committee had noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 74) expressed its concern at the increasing number of street children and their vulnerability to all forms of abuse and exploitation, as well as the fact that these children do not have access to public health and education services. The Committee had also noted that in January 2000, the Government of the Russian Federation collaborated with the ILO/IPEC on a project to assess the situation of street children in St. Petersburg. This project was launched in January 2000 and scheduled for three years, but the Committee had noted that it was still ongoing. The development objective of this project was to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The Committee had noted that by early 2004, 2,503 working street children (1,171 girls and 1,332 boys) were withdrawn and 1,664 potential child labourers (798 girls and 866 boys) were prevented from exploitative work.

The Committee notes that the technical progress report of the second phase of the ILO/IPEC project “Street children of St. Petersburg: From Exploitation to Education” of December 2005 (1 July 2005 to 31 December 2005), indicates that the activities undertaken in the first phase of the project were followed up in the second phase. According to the technical progress report, 300 working street children were provided with medical services, additional nutrition and schooling opportunities and 500 children were prevented from re-entering street labour during the reporting period. Furthermore, 192 working street children were provided with vocational skills or training, 87 with legal assistance, 192 with counselling services, 192 with health services, 140 with nutrition and 106 with other incentives, such as tickets to cultural events, to withdraw them from child labour. The Committee also notes that ILO/IPEC intervention has extended to the Vyborg district of the Leningrad region with the implementation of an Action Programme “Comprehensive Rehabilitative Model for Working Street Children and Their Families”. According to the Action Programme progress report for the period of 13 April 2007 to 17 December 2007, the programme aims to rehabilitate working street children by delivering a wide range of social aid through the local institutions and by giving direct support to the identified working street children, at-risk children and their parents. During the reporting period, 20 families with children engaged in child labour and children at risk were rehabilitated and educated on child labour prevention. Considering that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to protect them from such labour. It asks the Government to provide information on measures taken to this end.

Clause (e). Taking into account the special situation of girls. Working street girls. The Committee notes that an ILO/IPEC Action Programme “Mainstreaming Gender in the Child Labour Policy of the Primorsky, Admiralteisky and Moskovsky Districts of St. Petersburg” was implemented from 2004 to 2006. According to the Action Programme Final Self-Evaluation report of 27 July 2005 to 27 May 2006, 52 working street girls were identified and provided with continuous individual and group psychological counselling. Furthermore, the girls were provided with vocational training in textile painting, wood painting, leatherwear or computer graphics. Of these 52 girls, 45 completed the training courses and received letters of reference and four were reintegrated into the educational system. During the course of the Action Programme, awareness-raising activities were held to continuously inform the public about the progress made by the programme and its impact on the identified girls. The Committee also notes that an ILO/IPEC Action Programme “Time-Bound Measures Introduced to Rehabilitate Working Street Girls and to Support Their Families in Selected Districts in St. Petersburg” was implemented in 2007. According to the summary outline of 25 June 2007, the Action Programme aimed to support and develop rehabilitative structures for working street girls at the district and local levels, thus incorporating the gender issues in their social work. To achieve this objective, rehabilitative centres for working street girls will be established in the Vassileostrovsky, Tsentralny and Primorsky districts in the already existing Vocational Training Centres. Furthermore, the programme aims to rehabilitate at least 50 working street girls and their families and providing them with psychological support and training. On a longer-term basis, the intended beneficiaries of the Action Programme are 6,000 working street girls in St. Petersburg. The Committee requests the Government to provide information on the progress made in the establishment of the rehabilitative centres for working street girls and on the number of girls under 18 years of age who are effectively withdrawn from the worst forms of child labour and rehabilitated as a result.

Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.