Worst Forms of Child Labour Convention, 1999 (No. 182) - Latvia (Ratification: 2006)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Programme for Prevention of Human Trafficking. Following its previous comments, the Committee notes the detailed information provided by the Government on the measures taken to combat trafficking in children within the framework of the Programme for Prevention of Trafficking in Human Beings 2009–13. These measures include: organizing several workshops for State police and State labour inspectorate; developing guidelines for the law enforcement institutions and NGOs on identifying victims of trafficking; and measures to promote adequate protection and rehabilitation services for victims of trafficking. The Committee also notes from the Government’s report that in 2011, 14 victims of trafficking received social rehabilitation services and during the first five months of 2012, 12 victims of trafficking received social rehabilitation services.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted that the Government implemented an initiative entitled “Teachers’ Assistants of Roma nationality” (implemented within the framework of the National Programme on Roma in Latvia 2007–09), whereby 20 teachers’ assistants of Roma nationality were trained in order to integrate them into educational institutions attended by children from the Roma community. The Committee notes with interest the Government’s information that a set of measures for Roma integration, including educational, social and health services was developed by the Ministry of Culture in consultation with representatives from other ministries, local government, educational institutions, NGOs operating in the field of protection of the rights of Roma, as well as representatives of the Roma community. Within the framework of these set of measures, several inclusive measures were initiated with the aim of increasing the level of education of Roma children, promoting their school attendance and motivating their parents to support their children in the educational process. Moreover, Latvian language programmes and teaching methodology were adopted for Roma children. The Committee further notes from the Government’s report that within the framework of the Latvia–Swiss Co-operation Programme January 2011 to June 2012, two projects were introduced, namely “School and Community for Inclusion of Roma Children” and “Establishment of the Community Centre for Children Friendly Maskava’s Suburb”. The School and Community for Inclusion of Roma Children project involves and supports five teachers’ assistants of Roma nationality in inclusive classes and provides social and psychological support to Roma children, including home visits, creative classes, alternative art classes, school for practical skills and camps for minor offenders. The Establishment of the Community Centre for Children Friendly Maskava’s Suburb project aims to facilitate the development of civil society in one of the most unfavourable territories by reducing social differences, ensuring quality life of socially vulnerable and poor children, including Roma children and developing individual skills and creative abilities of children. In addition, the projects entitled “Set of Alternative Social Rehabilitation Services and Support Services for Children and Young people of Ventspils Evening Secondary School” and “Social Rehabilitation Programme for Families of Roma Nationality with Children of School Age residing in Jelgava City” were initiated in order to develop social rehabilitation services and reduce the social exclusion of people of the Roma community by involving them in education and employment. The Committee encourages the Government to pursue its efforts to promote access to, and attendance in, education for Roma children, thereby preventing them from being engaged in the worst forms of child labour. It requests the Government to provide information on the results achieved through the implementation of the above projects in terms of the number of Roma children enrolled and retained in schools as well as the number of Roma children who have benefited from the rehabilitation programmes.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the comments of the Special Rapporteur on the sale of children, child prostitution and child pornography, in her report of 13 June 2009 concerning her mission to Latvia, that while the number of reported cases of child prostitution and trafficking of children for sexual purposes is low, this does not necessarily reflect the actual scope of the phenomenon (A/HRC/12/23/Add.1, paragraph 25). The report of the Special Rapporteur also indicated that child sex tourism and child pornography was on the rise in the country (A/HRC/12/23/Add.1, paragraph 26).

The Committee notes from the Government’s report that according to the data recorded by the Information Centre of the Ministry of Interior regarding the criminal proceedings undertaken during the period from June 2011 to June 2012, eight criminal proceedings under section 165 (living on the avails of prostitution) of the Criminal Code were commenced; seven criminal proceedings under section 166 (importation, production and distribution of pornographic materials) were commenced; 31 criminal proceedings under section 146 (violation of labour protection provisions) involving five persons under the age of 18 years were commenced; and 620 criminal proceedings under section 253 (manufacture, storage and transportation of narcotic drugs) involving 31 persons under the age of 18 years were decided upon. The Committee further notes the Government’s indication that during the years 2011–12, no cases of trafficking of children were detected. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the worst forms of child labour in Latvia, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously requested the Government to indicate the measures prohibiting the sale and trafficking of all children under 18 years of age for labour and sexual exploitation within Latvia.

The Committee takes due note that section 154.1 of the Criminal Law prohibits human trafficking and that section 154.2 specifies that human trafficking means the recruitment, conveyance, transfer, concealment or reception of persons for the purpose of sexual and labour exploitation or for holding a person in slavery or servitude. The Committee also notes that section 154.1 of the Criminal Law provides for increased penalties if the victim of the crime is a minor.

Article 6. Programmes of action to eliminate the worst forms of child labour. Programme for Prevention of Human Trafficking. The Committee previously noted the implementation of the State Programme for Prevention of Human Trafficking 2004–08, and requested information on the impact of this Programme.

The Committee notes the information in the Government’s report that the State Programme for Preventing Human Trafficking 2004–08 received insufficient funding, which prevented the full implementation of some of the planned tasks. However, the Government indicates that through the programme, targeted preventive and educational measures were implemented, as well as support services for victims of human trafficking. The Committee also notes that the Programme for the Prevention of Human Trafficking for 2009–13 was approved in August 2009; it consists of measures to prevent and combat trafficking. The Committee further notes the Government’s indication that the action plan “Latvia – Suitable for Children, 2010–2012” includes measures to prevent, combat and punish the sexual exploitation and trafficking of children. In addition, the Committee notes the information in the Government’s report that it continues to implement measures to raise awareness among children regarding the risks of human trafficking. While taking due note of these measures, the Committee notes the information from UN High Commissioner of Refugees submitted to the UN Human Rights Council for the Universal Periodic Review of 17 February 2011, that, as of 2010, the incidence of human trafficking continued to increase in Latvia (A/HRC/WG.6/11/LVA/2, paragraph 33). The Committee therefore requests the Government to pursue its efforts to combat the trafficking of children, within the framework of the Programme for the Prevention of Human Trafficking for 2009–13, and to ensure that sufficient funds are allocated for this purpose. It requests the Government to provide information on the impact achieved through the measures.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee previously noted that victims of human trafficking could receive social rehabilitation services, financed from the state budget. It noted that this included medical, psychological and legal services, material financial support for personal needs, services to replace personal identification documents, vocational or educational training, and a safe place of residence, as well as repatriation services, including travel costs, and support during criminal proceedings in foreign states. The Committee requested the Government to continue to provide information on the removal, rehabilitation and social reintegration of child victims of trafficking.

The Committee notes the information in the Government’s report that the State continues to provide state-financed social rehabilitation services to victims of trafficking, and that between 2009 and 2010, this service was provided to five minors. The Government indicates that it allocated 28,264 Latvian lat (LVL) (approximately US$53,711) in 2009 and LVL34,238 (approximately $65,064) in 2010 for the purpose of social rehabilitation services. The Government indicates that LVL22,680 (approximately $43,099) is planned for these services in 2011. The Committee also notes the Government’s indication in its report to the UN Human Rights Council for the Universal Periodic Review of 14 February 2011 that all victims of trafficking are informed of their right to receive rehabilitation services (A/HRC/WG.6/11/LVA/1, paragraph 97). Lastly, the Committee notes the Government’s indication that, in addition to preventive measures, the Programme for the Prevention of Human Trafficking 2009–13 will include measures regarding the response of law enforcement authorities and measures to provide qualitative social rehabilitation services to victims of human trafficking.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted that the Committee on Economic, Social and Cultural Rights. in its concluding observations of 7 January 2008, expressed concern that a high percentage of Roma children drop out of school, often at early stages (E/C.12/LVA/CO/1, paragraph 31). However, the Committee also noted the numerous measures taken, within the National Programme on Roma in Latvia 2007–09, to raise enrolment rates among Roma children.

The Committee notes the Government’s statement that through the initiative entitled “Teachers’ Assistants of Roma nationality”, (implemented within the framework of the National Programme on Roma in Latvia 2007–09), 20 teachers’ assistants of Roma nationality were trained. The Government indicates that due to the economic conditions in the country, only two local governments continued to ensure the work of these assistants in inclusive classes after the project’s completion in May 2010. The Committee also notes the Government’s indication that since the end of the National Programme on Roma in Latvia, several ongoing initiatives on the education of Roma children have continued at the local level and in individual schools. The Government indicates that within the project “School and Community for the Inclusion of Roma Children”, five teachers’ assistants of Roma nationality work in inclusive classes. In this regard, the Government states that both teachers and Roma parents have assessed the work of these assistants as positive, and that the European Council identified the project as a best practice. The Government also indicates that measures were taken to train 30 teachers who work in schools attended by Roma children and to promote the participation of Roma parents in school life. In addition, the Committee notes the information in the Government’s report that a study entitled “Roma Right to Education: Implementing Situation in Latvia” indicated that while approximately 60 per cent of parents of Roma nationality are aware of the Latvian regulatory enactments regarding a parents’ duty and responsibility with respect to a child’s education, many do not promote the acquiring of education by their children. The Committee takes due note of the measures taken by the Government, and encourages the Government to pursue its efforts to promote access to, and attendance in, education for Roma children, thereby preventing them from being engaged in the worst forms of child labour. It requests the Government to continue to provide information on concrete initiatives implemented in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information in the Government’s report that in 2008, a criminal procedure was initiated regarding the sending of two minors to Riga from another Latvian city for the provision of sexual services, but that the accused was acquitted in June 2011. The Government indicates that in 2009, one criminal procedure was initiated against a person accused of sending 16 minors (all female) to Italy for compulsory work and sexual exploitation. The Committee also notes the comments of the Special Rapporteur on the sale of children, child prostitution and child pornography, in her report of 13 June 2009 concerning her mission to Latvia, that while the number of reported cases of child prostitution and trafficking of children for sexual purposes is low, this does not necessarily reflect the actual scope of the phenomenon (A/HRC/12/23/Add.1, paragraph 25). The report of the Special Rapporteur also indicates that child sex tourism and child pornography was on the rise in the country (A/HRC/12/23/Add.1, paragraph 26). The Committee requests the Government to strengthen its efforts to combat the worst forms of child labour, including child trafficking and child commercial sexual exploitation. It also requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the worst forms of child labour in Latvia, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 previously noted that section 154.1 of the Criminal Law provides for penalties for the offences related to human trafficking of a minor to a foreign state, and that section 154.2 specifies that human trafficking means the recruitment, conveyance, transfer, concealment or reception of persons for the purpose of sexual and labour exploitation or for holding a person in slavery or servitude. It also noted that section 165.1(2) of the Criminal Law provides penalties for the offence of sending a minor to a foreign State for sexual exploitation. It observed that these provisions appeared to prohibit only the trafficking of minors to a foreign State, and not children trafficked domestically (trafficking of a child within Latvia), or trafficked into Latvia from another State.

The Committee notes an absence of information in the Government’s report with regard to legislative prohibitions of domestic trafficking or trafficking of children to Latvia. While observing that Latvia is primarily a country of origin for victims of trafficking, the Committee notes the information in the Government’s report that in 2008 repatriation services were provided to four persons who had been trafficked from foreign states into Latvia. The Committee also notes the indication in the UNODC report on human trafficking released in 2009 that some women receiving support services were likely victims of domestic trafficking. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, whether or not the victim is trafficked across a border, and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of all children under 18 years of age for labour and sexual exploitation within Latvia or from a foreign State.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes the information in the Government’s report that a department focusing on action against trafficking in human beings was established within the police department. The Committee also notes the Government’s indication that a service for the inspection of cases involving minors has also been partially developed in the structure of the state police, within the framework of the State Programme for Prevention of Human Trafficking 2004–08 (Trafficking Programme 2004–08). The Committee further notes that specialized training on trafficking was given to police officers, prosecutors, judges, social workers, educators and consular officials and that in 2008 funding was provided for the training of 120 specialists.

2. Labour inspectorate. The Committee previously requested the Government to provide information on the inspections carried out by the State Labour Inspectorate (SLI) and the State Inspectorate for the Protection of Children’s Rights (SIPCR), including extracts of inspection reports. The Committee notes the Government’s information that complaints to the SIPCR regarding the employment of children are sent to the SLI. The Committee also notes that the SLI has not detected any violations related to the involvement of children and adolescents in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. State Programme for Prevention of Human Trafficking 2004–08. The Committee previously noted the Government’s information that the Trafficking Programme 2004–08 had the objective of providing educational support and other services to the victims of human trafficking, and requested the Government to provide information on the measures taken within this framework with regard to child victims of trafficking. The Committee notes the information in the Government’s report that the Trafficking Programme 2004–08 has resulted in a variety of measures with regard to the prevention of human trafficking, including the improvement of the legal framework to address this issue, the accession to several international conventions in this regard, the strengthening of the framework for the monitoring of trafficking and the start of research programmes on the phenomenon. The Committee also notes that information to raise awareness among youth as to the risks of trafficking has been included in school curriculums. The Committee further notes the operation of a web site (www.trafficking.lv) that contains information concerning trafficking, including regulatory enactments and awareness campaigns. The Committee requests the Government to provide information on the impact of the State Programme for Prevention of Human Trafficking 2004–08 with respect to the trafficking of children. It also requests the Government to provide information on any follow-up measures, taken or envisaged, to continue the work of the State Programme for Prevention of Human Trafficking after 2008.

Article 7, paragraph 1. Penalties. The Committee previously noted that the SLI may impose penalties for the violations of the Labour Law and the Labour Protection Law, pursuant to section 41 of the Administrative Offence Code. It requested the Government to provide a copy of this provision, in addition to information on the application of the penalties imposed in practice. The Committee notes that section 41(1) of the Latvian Administrative Violations Code of 7 December 1984 states that in the case of a violation of regulatory enactments governing employment relations, a warning shall be issued or a fine imposed on the employer. Section 41(1) further states that the fine for a natural person or an official is between 25 and 250 lats (LVL) (approximately US$53–530), and that the fine for a legal person is from LVL50 to 750 (approximately US$106–1,590). The Committee also notes the Government’s statement that, as no cases of children employed in the worst forms of child labour were detected, no administrative punishments have been imposed. Nonetheless, orders have been issued for the prevention of violations of regulatory enactments governing employment legal relations and labour safety.

Article 7, paragraph 2. Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. Clause (a). Education. The Committee previously noted that, by virtue of section 112 of the Constitution and section 4 of the Educational Law, basic education or acquisition of basic education until the age of 18 years, is free and compulsory. It noted that in its concluding observations of 28 June 2006 the Committee on the Rights of the Child expressed its concern at the reported rates of non-attendance from primary, secondary and vocational schools as a result of, inter alia, hidden costs, poverty, inadequate transportation, closure of schools in sparsely populated areas, voluntary truancy, the lack of parental interest in education, and bullying in school (CRC/C/LVA/CO/2, paragraph 50). The Committee requested the Government to provide information on the measures taken or envisaged to improve access to free basic education for those categories of children who have been identified by the Government as having difficulties in gaining access to such education. The Committee notes the Government’s indication that it must ensure access to education, as paragraph 1 of the General Education Law of 10 June 1999 states that the acquisition of a basic education is mandatory. The Committee also notes the Government’s indication that it has taken several measures in this regard, including the provision of social work services to underprivileged families and the provision of evening and correspondence classes, for individuals who did not complete basic education.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee previously noted that the Government funded rehabilitation centres for child victims of criminal offences. The Committee requested the Government to continue to provide information on the number of children who have been removed from the worst forms of child labour and rehabilitated in these centres. The Committee notes the Government’s information that in 2008, eight victims of trafficking received rehabilitation services in the “shelter safe house”, and two victims of trafficking received services from the Resource Centre for Women (Marta). The Committee also notes that these victims received medical, psychological and legal services, material financial support for personal needs, services to replace personal identification documents, vocational or educational training, and a safe place of residence. The Committee further notes that four persons also received repatriation services, including travel costs, support during the process of repatriation and support during criminal proceedings in foreign states.

The Committee notes the Government’s information that in 2008, in accordance with the procedures prescribed by Cabinet Regulation No. 889 of 31 October 2006, the Regulations regarding the procedures by which victims of trafficking in human beings receive social rehabilitation services, and the criteria for the recognition of a person as a victim of the trafficking in human beings, 12 victims of human trafficking were identified and received social rehabilitation services, financed from the State Budget. In 2008, six persons continued to receive these services, and that LVL35,422 (approximately US$75,243) were spent on the provision of social rehabilitation services to victims of trafficking in human beings. The Committee requests the Government to continue to provide information on the removal, rehabilitation and social reintegration of child victims of trafficking, and to indicate the number of victims of trafficking receiving these rehabilitation services who are under the age of 18.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 January 2008, expressed concern that a high percentage of Roma children drop out of school, often at early stages, though noted the efforts made by the Government to increase educational opportunities for Roma children through the National Programme on Roma in Latvia 2007–09 (National Programme on Roma) (E/C.12/LVA/CO/1, paragraph 31). The Committee notes that the National Programme on Roma is a mid-term policy paper for the period of three years, and that following the completion of the first stage, it will be followed up by a second stage for another three years. The Committee notes that the measures taken, within the framework of the National Programme on Roma, to raise enrolment rates among Roma children include:

–           the provision of preparatory classes for Roma available in all regions inhabited by Roma;

–           the introduction of inclusive principles into the education programme to reduce separated classes and promote the integration of Roma into ethnically diverse schools and classes;

–           the improved enforcement of the Education Law in order to motivate Roma parents to ensure stable and continuous education for their children; and

–           the offering of opportunities for Roma to return into the educational system following drop-out.

The Committee encourages the Government to continue to take concrete measures within the framework of the National Programme on Roma in Latvia 2007–09 to promote access of Roma children to education, thereby preventing them from being engaged in the worst forms of child labour. It requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of Roma children.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that trafficking of children has declined since the 1990s, and that between 2004 and 2008, 13 child victims of trafficking were identified. The Committee notes that in 2007 two criminal investigations into trafficking were conducted, pursuant to section 154.1 of the Criminal Code and five victims under the age of 18 were identified. Two criminal investigations were conducted in 2008, revealing four child victims. These victims were girls who were aged 16 and 17. The Committee requests the Government to continue to provide information on the application of the Convention in practice, 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that subsection (2) of section 154.1 of the Criminal Law provides for penalties for the offences related to human trafficking with respect to a minor to a foreign state. According to section 154.2 of the Criminal Law, human trafficking means the recruitment, conveyance, transfer, concealment or reception of persons for the purpose of sexual and labour exploitation or for holding a person in slavery or servitude. It also notes subsection (2) of section 165.1 of the Criminal Law which provides for penalties for the offence of sending a minor to a foreign State for sexual exploitation. The Committee notes that section 64 of the Criminal Law which deals with “Liability of minors”, refers to a “minor” as a person under 18 years of age. The Committee notes, however, that subsection (2) of section 154.1 and subsection (2) of section 165.1 of the Criminal Law are limited to trafficking of minors to a foreign state. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for labour and sexual exploitation into the country from a foreign state or within the country.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee notes that article 106 of the Constitution of the Republic of Latvia prohibits forced labour. Subsection (2) of section 15 of the Protection of the Rights of the Child Law (Child Rights Law) further states that the child has the right to be protected from physical and mental exploitation, and from any other forms of exploitation which may be harmful to the child. A child, according to section 3 of the Child Rights Law, is a person who has not attained the age of 18 years.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that Latvia ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict on 19 December 2005. According to the Office of the United Nations High Commissioner for Human Rights, at the time of ratification, Latvia declared that according to section 17(1) of the Mandatory Military Service Law of 1997, citizens from the age of 19 years shall be liable for mandatory military services, and as per subsection (2) of section 17, male and female persons from the age of 18 years may enlist voluntarily for mandatory active military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that subsections (3) and (4) of section 164 of the Criminal Law punishes any person who induces or compels a minor to engage in prostitution, or provides premises to minors for purposes of prostitution. It also notes that, procuring persons for prostitution is an offence under section 164(2) of the Criminal Law. Moreover, living on the avails of prostitution by minors is punishable under section 165(2) and (3) of the Criminal Law.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that according to section 166(2) of the Criminal Law, any person who commits the importation, production, public demonstration, advertising or distribution or keeping of pornographic or erotic materials related to children or portrays the sexual abuse of children shall be punished. Subsections (3) and (4) of section 166 further imposes penalties on any person who uses or procures minors in the production of pornographic or erotic materials.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that Section 172 of the Criminal Law makes it an offence for any person to involve a minor in a criminal offence. It also notes that sections 253, 253.1 and 253.2 of the Criminal Law make it an offence for any person to carry out the unauthorized manufacture, acquisition, storage, transportation and conveyance of narcotic and psychotropic substances for sale or for other purposes.

Clause (d). Hazardous work. The Committee notes that, by virtue of section 37(4) of the Labour Law, it is prohibited to employ adolescents (persons between the ages of 15 and 18), in jobs which are associated with an increased risk to their health, safety, morals and development. According to section 15 of the Child Rights law, children have the right to be protected from economic exploitation, and from employment conditions that are dangerous or harmful to their health or physical, psychological development, or in night work or during such working periods as to hinder their education.

Article 4, paragraph 1. Determination of hazardous work. According to subsection (4) of section 37 of the Labour Law, the work in which the employment of adolescents is prohibited and exceptions where employment in such jobs is permitted in connection with the occupational training of the adolescent shall be determined by the Cabinet. The Committee notes that Regulation No. 206 of 2002 (Regulation regarding work in which employment of adolescents is prohibited and exceptions where employment in such work is permitted in connection with the vocational training of adolescents), adopted pursuant to section 37(4) of the Labour Law, contains a comprehensive list of types of hazardous work prohibited for adolescents and a list of work environment risk factors for which it is prohibited for adolescents to be subjected.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that according to section 3 of the State Labour Inspection Law of 19 June 2003, the Labour Inspectorate is entrusted with the task to take measures to ensure the effective implementation of state policy in the field of employment and labour protection. Section 5 of the State Labour Inspection Law further states that the labour inspectors have the right to visit and inspect, at any time of the day and without prior notification or permission, all workplaces and carry out examinations and investigations or request the necessary information in order to verify that the requirements of regulatory enactments are observed and to impose, in accordance with the procedures prescribed for the examination of administrative violations, administrative sanctions on employers and other persons. The Committee also notes that according to the provisions of Regulation No. 898 of 2005 entitled “By-law of the State Inspectorate for the Protection of Children’s Rights” (hereinafter the By-law), the State Inspectorate for the protection of children’s rights supervises the observance of the Protection of the Rights of the Child Law and other regulatory enactments, and examines the cases of violations and imposes penalties in accordance with the Administrative Offence Code. The functions of the State Inspectorate for the protection of children’s rights include: compiling of statistical data and information obtained as a result of inspections; providing recommendations for the prevention of violations; providing consultations and psychological support to children in crisis situations; and informing the public of the activities of the inspectorate. The Committee requests the Government to supply extracts of the inspection reports of the Labour Inspectorate and the State Inspectorate for the Protection of Children’s Rights, specifying the extent and nature of violations detected involving children under 18 years of age in the worst forms of child labour.

2. Police and judiciary. The Committee notes the Government’s information that the Latvian Judicial Training Centre in cooperation with the United States embassy and the Ministry of Interior organized several seminars in Daugavpils, Riga and Liepaja on the elimination of trafficking of children. It also notes that various courses and seminars with regard to the protection of the rights of children were conducted for the officials of the State Police. The Committee notes the Government’s information that the Police Academy of Latvia conducted five seminars for 73 officials; 7 seminars for the professional development of the police; and the Regional Department of the State Police College conducted a seminar for 15 officials. In December 2006, the Prosecutor General’s Office organized a two-day seminar on issues related to child rights protection for 25 prosecutors.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Programme for the Elimination of Human Trafficking, 2004–08. The Committee notes the Government’s information that the National Programme for the Elimination of Human Trafficking, approved by the Ministry of Interior on 2 March 2003 had the objective of providing educational support and other services for the victims of human trafficking. The Committee requests the Government to provide information on the impact of the National Programme for the Elimination of Human Trafficking 2004–08 in so far as the trafficking of children is concerned. It also requests the Government to indicate the number of child victims of trafficking under the age of 18 years who have been provided with educational support and other services under this national programme.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Law provides sufficiently effective and dissuasive penalties of imprisonment for the following offences: trafficking of minors (section 154.1(2)); inducing or compelling a minor into prostitution (section 164(3)); living on the avails of prostitution of minors (section 165(2)); importation, production and distribution of pornographic materials portraying sexual abuse of minors (section 166(2)); and using or procuring a minor in the production of pornography (section 166(3)).

The Committee also notes the Government’s statement that the Administrative Offence Code contains penalties for the violation of the provisions on legal employment rights. It further notes the information provided by the Government in its report on the Convention on the Rights of the Child (CRC/C/83/Add.16, 24 August 2005, paragraph 430) that, if the employer breaches provisions of the Labour Law concerning the employment of children, the State Labour Inspectorate is entitled to impose administrative penalties in accordance with section 41, Part One of the Administrative Offence Code. The said provision provides that the State Labour Inspectorate can impose a pecuniary penalty for up to 250 lats (LVL) on the employer or official for the breach of the Labour Law or the Labour Protection Law. The Committee requests the Government to provide a copy of section 41 of the Administrative Offence Code. It also requests the Government to provide information on the sanctions applied in practice in cases of violation of the provisions on the employment of young persons and with regard to the violation of the provisions giving effect to Article 3(a) to (c) of the Convention.

Article 7, paragraph 2. Effective and time bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that, by virtue of article 112 of the Constitution and section 4 of the Educational Law, basic education or acquisition of basic education until the age of 18 years, is free and compulsory. It also notes that, according to the Government’s second periodic report to the Committee on the Right of the Child of 24 August 2005 (CRC/C/83/Add.16, paragraphs 351 and 352), the results of registration in schools show that 2,512 children between 5 and 15 years of age have not attended school in 2002, including 1,755 children from 7 to 15 years. The highest number of non-attending children in 2002 was registered in Riga where 665 children of mandatory education age were not attending any schools, followed by Liepaja with 292 children, Jelgava with 278 children, and Ventspils with 103 non-attending children between the ages of 7 and 15 years. The Committee also notes that in its concluding observations of 28 June 2006 (CRC/C/LVA/CO/2, paragraph 50) the Committee on the Rights of the Child welcomed the fact that education is one of the priorities of the National Development Plan 2007­2013 and noted with appreciation the increase in the enrolment rates of children in education. However, the Committee on the Rights of the Child expressed its concern at the reported rates of non-attendance from primary, secondary and vocational schools as a result of, inter alia, hidden costs, poverty, inadequate transportation, closure of schools in sparsely populated areas, voluntary truancy, the lack of parental interest in education, and bullying in school. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to provide information on the measures taken or envisaged to improve access to free basic education for those categories of children who have been identified by the Government as having difficulties in gaining access to such education.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that in 2006 there were seven rehabilitation centres in the country which provided services for child victims of criminal offences from the state budget resources. It also notes the Government’s indication that, in 2006, 1,660 children received social rehabilitation services, and 256 child victims of criminal offences received rehabilitation services in these rehabilitation centres. The Committee requests the Government to continue to take effective and time-bound measures to remove children under the age of 18 years from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to continue providing information on the number of children who have been removed from the worst forms of child labour and rehabilitated in the rehabilitation centres.

Article 8. International cooperation. The Committee notes that Latvia ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in 2005, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2006. It also notes the Government’s information that Latvia has signed an agreement on legal assistance in civil, family and criminal matters with countries such as: Kyrgyzstan (in 1997); Uzbekistan (1995); Ukraine (1995); Poland (1994); Belarus (1994); Moldova (1993); Russian Federation (1993); Estonia and Lithuania (1992).

Part V of the report form. Application in practice. The Committee notes the Government’s information that according to the data of Central Statistical Bureau 2,304 cases of criminal offences against children were registered in 2006, compared to 2,355 such cases in 2005. The Committee requests the Government to indicate how many of the cases registered with the Central Statistical Bureau concerns the offences related to the worst forms of child labour. It further requests it to indicate how many of such cases led to prosecutions, convictions and penalties being applied on the perpetrators. Finally, the Committee requests the Government to provide information on the application of the Convention in practice, 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.