Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2000)

The Committee notes the Government’s report and the comments made by the Trade Union Congress (TUC) in its communication dated 24 October 2005. It asks the Government to provide any observation that it may wish to make on the matters raised by the TUC.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee had observed that trafficking in slaves was prohibited under section 2 of the Slave Trade Act, 1824. It had also noted that section 145 of the National, Asylum and Immigration Act, 2002, makes it a criminal offence to traffic people into, or out of, the United Kingdom for the purpose of controlling them in prostitution. The Committee had further noted that, according to the White Paper entitled "Secure Borders, Safe Haven: Integration with Diversity in Modern Britain" of February 2002, the Government would introduce a new law on trafficking of persons for labour exploitation.

The Committee notes, with interest, the Government’s indication that the Asylum and Immigration Act, 2002, was amended in 2004 to make it an offence to traffic persons for purposes other than sexual exploitation, for instance, for domestic servitude or benefit fraud. Section 4 of the aforementioned Act, as amended in 2004, prohibits the trafficking of people into, inside or out of, the United Kingdom for the purpose of exploitation which includes: (a) subjection of persons to slavery or forced labour; (b) pressure on persons to commit criminal offences under legislation relating to human organ transplants; (c ) subjection of persons to force, threats or deception to induce them to provide services such as prostitution; and (d) using undue influence on vulnerable persons, including young persons.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had taken due note of the adoption of the Sexual Offences Act, 2003, which contains detailed provisions on the sexual exploitation of children. It had observed that, according to section 48 of the Sexual Offences Act, 2003, a person (A) commits an offence if: (a) that person intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world; and (b) either: (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. It had noted that similar wording is used in several other provisions such as section 49 (controlling a child prostitute or a child involved in pornography) and section 50 (arranging or facilitating child prostitution or pornography). It had noted with concern that a person who, for example, incites a child of 14 years to become a prostitute does not commit an offence in so far as that person reasonably believes the child is 18 years old. It had observed that only children under 13 years of age are protected, with certainty, from sexual exploitation.

The Committee notes the Government’s indication that prostitution and pornography are not illegal as such and it is conceivable that a person could cause another person to participate in one or other practice in the genuinely held and reasonable belief that they were over 18 and therefore acting legally. It adds that if the defendant can produce evidence to support that belief, then the police see little value in prosecuting an individual who has genuinely tried to stay within the law. It also notes the Government’s indication that since the Sexual Offences Act came into force on 1 May 2004, statistics are not yet available on prosecutions and convictions under this Act.

Noting the Government’s acknowledgement that it is difficult to ascertain the exact age of a young person, the Committee requests the Government to provide information on the evidence brought before the courts by persons prosecuted for having used, procured or offered persons under 18 years of age for prostitution or the production of pornography, on judicial decision relating to the admissibility of such evidence and the outcome of trials where such evidence is adduced.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. In its previous comments, the Committee had noted the Government’s indication that drug trafficking is prohibited under the Drug Trafficking Act, 1994, and that there is no separate offence of using a child for drug trafficking. It had also observed that under section 19 of the Misuse of Drugs Act, 1971, it is an offence for a person to incite another to commit such an offence, i.e. to import or export a controlled drug (section 3), to produce or supply a controlled drug (section 4). The Committee notes, with interest, that section 4A(4) of the Drugs Act of 2005, amending section 4 of the Misuse of Drugs Act, 1971, provides that it is an aggravation of an offence to use a courier who, at the time the offence was committed, was under the age of 18.

2. Causing or allowing children to be used for begging. The Committee had observed that, according to section 4(1) and (2) of the Children and Young Persons Act, 1933 (as amended by the Children Act, 1989), it is prohibited to cause or allow a person under 16 to be used for begging. The Committee takes note of the consolidated version of the text edited by the Department for Education and Skills (DFES) and sent by the Government. It also notes the Government’s indication that it does not intend to revise the definition of children to include all young persons up to age 18. The Committee notes that the Government does not provide any reasons for its standpoint and accordingly requests the Government to explain why the lack of a prohibition on begging in respect of children between the ages of 16 and 18 is in compliance with Article 3(c) read with Article 2 of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Hazardous work. The Committee had noted that Regulation 19 of the Management of Health and Safety at Work Regulations, 1999, places a duty on the employer to protect young persons (i.e. a person under 18 years of age) from risks to their health and safety and provides for a detailed list of occupations that young workers shall not perform. It had also noted from the Government’s report and available legislation that United Kingdom legislation identifies several types of work or activities that are likely to harm the health, safety or morals of children. Occupations considered to be hazardous for young persons are widespread in the legislation. The Committee had further observed that the TUC welcomed the progress made by the Government in extending the types of hazardous work and in laying them in a draft list. It had also noted that the Government intends to review periodically this list in consultation (on an annual basis) with the TUC and CBI. However, according to the TUC, the provisional list of hazardous work prohibited for children under 18 was not satisfactory. It had argued that underwater and underground work, manual handling of heavy loads, work in confined spaces, work at dangerous heights and deep-sea fishing were not included.

The Committee notes the Government’s indication that it is not aware that, in the United Kingdom, there is an issue regarding the employment of young people in the areas mentioned by the TUC, which would require additional health and safety interventions beyond the existing protections. It accordingly asked the TUC to provide evidence supporting their concerns in order for a more informed discussion to take place. The Committee asks the Government to provide information on the discussions held between the TUC and the Government on this issue.

Article 4, paragraph 2. Identification of hazardous work. The Committee had taken due note of the Government’s indication that there were specific regulations in identified areas of significant risks, e.g. relating to lead or ionizing radiation and agriculture. It had also noted that the Health and Safety Executive (HSE) identified key activities where attention is needed over and above the protection afforded by general regulation. These include agriculture, woodworking, construction, ceramics and metalworking. The Committee notes the Government’s indication that the HSE regularly meets with industry and topic groups to discuss the main health and safety issues facing a particular industry to consider ways of finding solutions. The Committee accordingly asks the Government to provide information on the findings of the HSE concerning the identification of where the types of hazardous work exist for persons under 18 years of age.

Article 5. Monitoring mechanisms. The Committee had taken due note of the Government’s indication that the first tripartite meeting on monitoring Convention No. 182 was held in May 2003. Participants included officials from various government departments as well as representatives from the TUC and CBI under the United Kingdom Tripartite Group on monitoring of ILO Convention No. 182. The Committee notes that the Tripartite Group meets on a regular basis and exchanges views on the measures taken and the areas of improvement to fully implement the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programme of action to combat the worst forms of child labour. The Committee had taken note of the United Kingdom draft programme of action to combat the worst forms of child labour provided by the Government. This programme aims at strengthening the legislative framework which contributes to combating child labour in the United Kingdom. It is also based on the monitoring and inspection of children’s welfare at work. The programme further focuses on raising awareness through the production and dissemination of good practices together with promoting Convention No. 182 nationally and internationally. The Committee had also noted that the TUC and CBI were consulted on this draft programme.

The Committee notes the Government’s indication that the Programme of Action was launched in 2002. According to the Government, its main achievements have been to serve as a basis for raising awareness of the requirements of the Convention across the many United Kingdom government departments with a policy interest; and to align current and future Government action and initiatives relating to child labour with the requirements of the Convention.

2. Project Reflex. In its previous comments, the Committee had noted that the Government initiated "Project Reflex" which is a practical multi-agency task force on organized immigration crime which includes people trafficking. It brings together all the key agencies involved in combating the problem, including the immigration service, the national criminal intelligence service, the security and intelligence agencies and key police forces. Under this project, a ground-breaking joint operational unit comprising the national crime squad and immigration services officers was set up. Its three main tasks are to develop intelligence leads for the operational arm, to carry out surveillance and to provide legal assistance to investigations with a view to future prosecutions. The Committee notes the Government’s indication that recent Reflex-funded successes have included the imprisonment of a Ukrainian gang master who was exploiting illegal immigrants working in British food factories and the arrest of people involved in enticing a Lithuanian girl into the United Kingdom and forcing her to work in a brothel. Reflex’s strategy is also to develop partnership with other countries to combat child trafficking; thus the United Kingdom cooperates through the Reflex project with Romania, the Czech Republic and the Netherlands. The Government further indicates that between April 2001 and March 2003 there were a total of 30 disruptions of criminal networks involved in organized immigration crime; a "disruption" being a temporary halt or setback which causes the criminals to be unable to operate at their normal level of activity. It adds that between April 2004 and March 2005 there was a significant increase with 149 disruptions. The Committee asks the Government to continue to provide information on the results achieved under the Reflex project especially with regard to the elimination of child trafficking.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Education. In its previous comments, the Committee had noted the Government’s indication that education in the United Kingdom is compulsory, free and universal between the ages of 5 (4 in Northern Ireland) and 16 years. It had also noted that the Government is committed to increasing the availability of free, high-quality, early education (i.e. for children under 4 or 5 years old); and encouraging more young people to continue in education and training beyond 16 years of age. The Committee notes the Government’s indication that it provides free schooling for all children under 18 in order to encourage children aged 16 to 18 to remain in education. The Government adds that the radical reforms announced in this year’s DFES five-year strategy and 14-19 White Paper will build on the strengths of the existing system to boost the proportion of 17 year olds in full-time education from 75 per cent to 90 per cent in the next ten years. The Committee asks the Government to provide information on the progress achieved in keeping children aged 17 in full-time education.

2. Awareness raising on child trafficking. The Committee had taken due note of the Government’s indication, in its first report, that a best practice guide on trafficking for immigration officers, police and others potentially dealing with trafficking was being developed. The Committee notes, with interest, that the guide raises awareness of the difference between trafficking and smuggling, and helps those concerned to treat victims of trafficking fairly.

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 had noted that the Government published the guidance on interagency working to safeguard and promote the welfare of children, which was reinforced and expanded by the "Safeguarding Children Involved in Prostitution Guidance - Supplementary Guidance on Working together to Safeguard Children" in 2000. It had also taken due note of the information provided by the Government concerning the National Plan for Safeguarding Children from Commercial Sexual Exploitation published in September 2001. The guidance includes paragraphs on child pornography and the Internet, and children involved in prostitution. It aims at reinforcing cooperation between all agencies and professionals to work together to: (a) recognize the problem of the sexual exploitation of children; (b) treat the children involved primarily as victims of abuse; (c) safeguard children and promote their welfare; (d) work together to prevent abuse and provide children with opportunities and strategies to exit from prostitution; and (e) investigate and prosecute those who coerce, exploit and abuse children through prostitution. The National Plan also provides for the establishment of Area Child Protection Committees (ACPCs). ACPCs bring together relevant statutory and voluntary bodies to consider both strategic planning and coordinating services to protect children from abuse, especially commercial sexual exploitation. The Committee had taken due note that the Department of Health commissioned a short-term project to provide basic quantitative data to measure the extent to which the guidance is being implemented throughout the United Kingdom. However, the Committee had observed that the data was not precise with regard to the number of children involved in prostitution. It solely shows that ACPCs are aware of children engaged in prostitution.

The Committee notes the Government’s indication that it does not collect data which would measure specific outcomes or achievements of the National Plan. The Committee accordingly asks the Government to indicate the measures taken to evaluate the outcome of the National Plan and to ensure that the Plan is efficient in combating child commercial sexual exploitation.

Clause (d). Identifying and reaching out to children at special risk. 1. Children used in drug trafficking. The Committee had noted the Government’s indication that the needs of children involved in drug trafficking were taken into account in the Home Office general guidance to police in respect of action to disrupt supply. However, no specific guidance was produced to date to encourage police to proactively identify children involved in trafficking. It had also noted the Government’s statement that the Home Office would ensure during 2002-03 that the support material for police forces includes specific reference regarding the need to work to reduce the numbers of children involved in trafficking through arrest and publicity of the risks involved in trafficking.

The Committee notes the Government’s indication that no measures were taken since it is not aware of any systematic use of children to traffic drugs into or from the United Kingdom. Since the Government’s previous and current statements are contradictory and that available information reveal that children are used from drug trafficking, the Committee requests the Government to take the necessary measures to ensure that a survey is conducted and data collected to assess the number of children used for drug trafficking in the country.

2. Child prostitution and pornography. The Committee had noted that, according to the National Plan for Safeguarding Children from Commercial Sexual Exploitation, appropriate responses to the needs of particularly vulnerable groups should be identified. The following are considered to be vulnerable groups: children in public care; children who go missing; refugees and asylum-seeking children; and children involved in the entertainment and sports industries. The Committee had observed that the Government financially supports voluntary organizations that provide services and support for young people at risk of becoming involved in prostitution.

The Committee had also observed that the Government increased the resources available to the police to investigate computer pornography and established a Task Force on Child Protection on the Internet. The Task Force is considering the adequacy of the criminal law to protect children on the Internet, information and public awareness. Noting the absence of information in the Government’s report on the findings of the Task Force, the Committee once again asks the Government to provide information on this point.

The Committee had further noted the Government’s indication that the Home Office crime reduction programme was funding four projects concerning children and young persons who are either at risk of, or actively engaged in, sex work and sexual exploitation. Noting the absence of information in the Government’s report on the findings of the Task Force, the Committee once again asks the Government to provide information on the concrete measures taken pursuant to the Home Office crime reduction programme and the results attained.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Department for Work and Pensions is responsible for coordinating the United Kingdom Government’s implementation of the provisions giving effect to the Convention. In doing so, it works with a range of other government departments and agencies, including the Department for Education and Skills, the Health and Safety Executive, the Department for International Development, the Home Office and the Ministry of Defence.

Article 8. 1. International cooperation. The Committee had observed that the Government provides substantial financial and technical assistance to ILO/IPEC and supports other international agencies such as UNICEF. It had noted with interest that the Government works with other governments and non-governmental organizations to address the problem of child labour. The Committee takes due note of the Government’s participation in various ILO/IPEC programmes of action aimed at combating the worst forms of child labour, and the support provided by the Department for International Development (DFID) to governments in numerous countries including South-East Asian countries, Nigeria, Ghana, Senegal, Togo, China, India, Pakistan and the Balkans. The Committee encourages the Government to continue to support countries worldwide to eliminate the worst forms of child labour.

2. Elimination of poverty. The Committee had noted that the United Kingdom was committed to the promotion of social and economic development, and the elimination of poverty. Indeed, the United Kingdom supports wide-ranging programmes for poverty elimination and development. These programmes focus on extending primary education, creating economic opportunities and improving governments’ ability to work for poor people. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee once again asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part V of the report form. The Committee had noted the Government’s and TUC’s indications that there was currently no accurate, reliable data in existence within the United Kingdom regarding the trafficking of children, the number of children involved in prostitution or in hazardous occupations in the United Kingdom. Thus, the Government had estimated that between 140 and 1,400 women and children are trafficked each year into the United Kingdom for the purposes of sexual exploitation. It had also noted that due to the hidden nature of trafficking it is difficult to have full and reliable data. The Committee notes the Government’s indication that it is giving consideration to the possibility of collecting data on trafficked children, child prostitutes and other children involved in the worst forms of child labour. The Committee trusts that the Government will take the necessary measures to collect such data and asks the Government to provide information in this regard in its next report.