Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Finland (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). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 3(1)(2) of the Penal Code which penalizes the offence of kidnapping children under 15 years of age for the purpose of trading in human beings. The Committee had requested the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation. The Committee notes the absence of information on this point in the Government’s report. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour and sexual exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the provisions under section 18 (Sale, manufacture or distribution of obscene pictures or recordings depicting children) and section 19 (Possession of obscene pictures of children) of Chapter 17 of the Penal Code, the Committee had previously requested the Government to provide information on the definition of a “child” under sections 18 and 19. The Committee once again requests the Government to provide a definition of the term “child” under sections 18 and 19 of Chapter 17 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. It had asked the Government to indicate the legislative provisions which apply in this regard. The Committee notes that the Government refers to the Young Workers’ Act (998/1993) and the Decree on Young Workers (508/1986). However, the Committee notes that these laws do not appear to have any provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs is prohibited.

Article 4, paragraph 3. Examination and periodical revision of the list of hazardous work. The Committee notes the Government’s information that the Decree on the Protection of Young Workers (508/1986), which provides a list of seven types of hazardous work prohibited to young workers (section 2), has been updated by Decree No. 475/2006. The Committee also notes the Government’s information that a tripartite committee to check the List of Examples of Jobs Hazardous for Young Workers (128/2002) will be launched towards the end of 2006.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s indication that the occupational safety and health authorities of the Ministry of Social Affairs and Health (MSAH), and the Occupational Safety and Health Offices of the Occupational Safety and Health Inspectorates monitor compliance with the occupational safety and health regulations. The Committee notes the Government’s information that, eight Occupational Safety and Health Offices of the Occupational Safety and Health Inspectorates work under the MSAH as the authority responsible for the regional supervision of occupational safety and health. The Committee further notes that, in 2004, the total staff of the Occupational Safety and Health Inspectorates was 470, out of which 389 took part in supervisions and inspections. The Committee notes that, in cases where there are justified reasons to suspect that an offence decreed as punishable in an act under the supervision of the occupational safety and health authorities, such as the Young Workers’ Act or Chapter 47 (Employment Offences) of the Penal Code, has taken place, the occupational safety and health authority shall report it to the police for preliminary investigation. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. 1. Commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s indication that the project entitled “Children and commercial sex” by the Research and Development Centre for Welfare and Health, was part of the National Action Plan on combating the commercial sexual exploitation of children. During the course of this project, a seminar including experts from the educational administration and social work, health sectors and child protection organizations were conducted. The seminar highlighted the issue of commercial sexual exploitation of children. Issues relevant to this theme were also included in a more comprehensive pilot study of student health services. A report compiling the results of this seminar and the study was used as learning material for the training of health-care professionals. The Committee takes note of this information.

2. Trafficking. The Committee notes the Government’s indication that, it adopted a plan of action against human trafficking on 25 August 2005. This plan of action aims to prevent human trafficking better and more efficiently, to protect and assist the victims of human trafficking, to ensure that those guilty of human trafficking are charged and to combat organized crime. This action plan also attempts to give guidelines to facilitate the identification of victims and proposes measures to increase information and awareness relevant to human trafficking. The Committee requests the Government to provide information on the concrete measures taken to implement the plan of action against human trafficking, its impact on combating child trafficking and on the results achieved.

3. Ombudsman for children. The Committee notes the Government’s indication that the Act on the ombudsman for children (No. 1221/2004) provides for an ombudsman for children to promote the realization of children’s rights and interests. The Committee also notes that the ombudsman for children annually submits a report to the Government and prepares a programme of action. The Committee requests the Government to provide information on the programmes of action prepared by the ombudsman for children, particularly with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 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. 1. National plan of action against human trafficking. The Committee notes the Government’s information that one of the aims of this action plan is to protect and assist the victims of human trafficking. The Committee notes that the Ministry of Labour, who is responsible for the preparation and coordination of activities to help the victims, set up a working group the task of which is to discuss and put forward measures to help the victims of trafficking, including child victims and to develop relevant legislation. With regard to child victims, much attention was given to the activation of the assistance system, such as tracing their guardians, organizing housing for those without a guardian, providing education on the same preconditions as Finnish citizens and placing them in foster care, if necessary. The Committee also notes that the Ministry of Labour set up a steering group on 17 February 2006 to monitor the implementation of this national plan. The Committee requests the Government to provide information on the impact of the National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking. The Committee also requests the Government to indicate the number of children withdrawn and rehabilitated pursuant to this national plan.

2. Victims of trafficking. The Committee notes the Government’s indication that the Aliens Act, as amended on 31 July 2006, provides for the granting of permits of residence to victims of human trafficking, and also contains a provision on a discretionary period during which the victim can recover and make a decision on cooperating with the authorities. The Committee notes with interest that the purpose of this amendment is to promote the solving and prevention of human trafficking crimes and to enable the protection of victims, and to help them against re-victimization.

Clause (d). Identify and reach out to children at risk. Street children. The Committee notes the Government’s indication that, since 2000, it has supported the ILO’s project entitled “Street children in St Petersburg; from exploitation to education”. According to the Government’s report, this project involves examining the position of street children who work, developing and applying in practice innovative models of social work with children who are part of the risk group, and training social workers in applying new rehabilitation methods and principles of work with families. The Committee also notes the Government’s information that this project lays particular emphasis on preventive and rehabilitative measures to especially vulnerable children, in particular girls. The Committee requests the Government to provide information on the impact of the above project in protecting the street children from the worst forms of child labour, and also to indicate the number of street children withdrawn and rehabilitated.

Article 8. Enhanced international cooperation and assistance. Regional cooperation. The Committee notes the Government’s information that Finland is involved in the following regional cooperation: cooperation between the European regional law enforcement authorities; acting president of the Baltic Sea Region Task Force (BSRTF) on Organized Crime until end of 2006, and also in charge of the BSRTF’s expert group “Trafficking in women and children”; and acting as the president of the border control cooperation in the Baltic Sea countries from 1 July 2006, which aims to deal with combating human trafficking as part of cross-border criminal activities.

Part III of the report form. The Committee had previously requested the Government to indicate any decisions taken by the courts of law or other tribunals involving questions of principle relating to the application of the Convention. The Committee notes the absence of information in the Government’s report. The Committee once again requests the Government to indicate in its next report whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Parts IV and V of the report form. The Committee notes the Government’s indication that that there are no separate statistics on the inspections conducted with regard to young workers. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.