Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

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

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

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

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

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

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

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

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

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