Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe. It also noted the Government’s information on the training and capacity-building activities in 2016 for the national police on trafficking in persons, and the investigations undertaken in 2015 regarding the application of section 149 of the Criminal Code on trafficking in persons, including six minors. The Committee requested the Government to provide specific information on the number of convictions and the penalties imposed on persons found guilty of trafficking children under 18 years of age.

The Committee notes an absence of information in the Government’s report on this issue. In this respect, the Committee refers to its comments on the application of the Forced Labour Convention, 1930 (No. 29) in which it notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice (in 2018, there were 291 investigations, 168 cases were brought to the courts, and 15 convictions were issued, with five prison sentences). The Committee notes, from the website of the State Judicial Administration, that these convictions concerned trafficking of five children. Referring to its comments on the application of Convention No. 29, the Committee strongly urges the Government to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It also once again requests the Government to provide specific information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the grave concern expressed by the CRC in its concluding observations at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of internet users of child pornography (5 million users per month).

The Committee notes the Government’s indication in its report in response to the Committee’s request that, to strengthen the protection of children from sexual exploitation, amendments were made to the Criminal Code in 2018, including to section 302(4), which now provides for a penalty of between five and ten years for maintenance of brothels or procurement in cases involving children. The Committee also notes that the Government refers to cases concerning the investigation of sexual acts involving children, but that the Government does not provide specific information as regards the use, procuring or offering of children for prostitution, production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to ensure the effective application of section 301 (import, manufacture, sale and dissemination of pornographic material), section 302 (maintenance of brothels and procurement) and section 303 (pimping or involvement of another in prostitution) of the Criminal Code as regards cases involving children, including the imposition of penalties constituting an effective deterrent. It once again requests the Government to provide statistical information on the number and nature of violations reported in this respect, investigations and prosecutions carried out, and convictions and criminal penalties imposed.

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. In its previous comment, the Committee noted from the report of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine (A/HRC/27/75) the suspension of school education in several towns of the Donetsk region due to the armed conflict in the country, and variations in school attendance where schools had remained opened. It further noted from that report that 35 per cent of the 155,800 internally displaced persons from the Donbas region and the Crimea, had been children who needed to be enrolled in school, and that an estimated 450,000 internally displaced persons, including children had been identified from the cities of Donetsk and Luhansk. The Committee had expressed its concern at the situation of children deprived of education in the climate of insecurity prevailing in the country.

The Committee notes the Government’s indication, in response to the Committee’s request, that between 2016 and 2019, the number of schools in rural areas increased significantly, and that much was done to enrol a number of children with disabilities in inclusive classes. The Committee also notes the Government’s reference, to Order No. 367 of 2018, which according to the Government provides for improved access of education to internally displaced children, including: (i) simplified school enrolment; (ii) distance and individual learning; (iii) the possibility to sit the final school examination without enrolment; (iv) access to a higher or professional (vocational) education institution following an independent evaluation; and (v) the possibility to obtain a secondary-education certificate in one year. In this context, the Committee also notes that the Committee on Economic, Social and Cultural Rights (CESCR) in its 2020 concluding observations remains concerned at the regional disparities in access to quality education, with remaining problems in the Donetsk and Luhansk regions. The Committee also notes that the CESCR expresses concern at the persistently high rate of illiteracy among the Roma population, the high dropout rates among Roma children in secondary education, and the under-representation of Roma children in secondary and tertiary education (E/C.12/UKR/CO/7, paragraph 44). While noting the measures already taken and the difficult situation prevailing in the country, the Committee strongly encourages the Government to continue to take measures to facilitate access to free basic education for all children, particularly children in areas of armed conflict and internally displaced children, as well as children from the Roma population. It requests the Government to provide information on the concrete results achieved in this respect.

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