Worst Forms of Child Labour Convention, 1999 (No. 182) - Netherlands (Ratification: 2002)

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

Article 3 of the Convention. Worst forms of child labour Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted the entry into force on 1 January 2010 of legislation implementing the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, which tightened sexual offences legislation by introducing stricter penalties for involvement in child pornography, criminalizing the sexual corruption of children and criminalizing the practice of grooming. It also noted the Government’s information that the Bill to Regulate Prostitution and to Combat Abuses in the Sex Industry, which raises the minimum age for prostitution from 18 to 21 years, was approved by the Lower House of the Parliament and is currently before the Senate. The Committee notes the Government’s indication that the Bill in question is still before the Senate. In response to the request to provide information on the practical application of the newly adopted legislation, the Committee notes that according to the National Rapporteur on Trafficking in Human Beings the penalties imposed for child pornography are increasing. The number of sentences that included unconditional or partially conditional imprisonment increased from 24 per cent of all sentences in 2006 to 37 per cent in 2010. The Committee also notes the information that the sentences ordered by courts of appeal are higher than those from the courts of first instance.

Parts III and V of the report form. Application of the Convention in practice. The Committee previously expressed its concern at the number of children who are victims of trafficking and commercial sexual exploitation and noted the statistical information provided by the Government. In response to the request to provide further information on the prevalence of the worst forms of child labour in the country, in particular trafficking in children and the commercial sexual exploitation of children, the Committee notes that the National Rapporteur on Trafficking in Human Beings has not yet published the statistics for 2010 and 2011. The Committee notes the Government’s information provided by an NGO responsible for the registration of all potential victims of trafficking in human beings that in 2010 there were 152 under-age victims and 195 under-age victims in 2011. According to the 2012 report of the National Rapporteur on Trafficking in Human Beings in 2009, 25 criminal cases (18 per cent of the total cases registered) involving underage minors were registered; and in 2010, 38 cases (18 per cent of the total cases) were registered.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Following its previous comments, the Committee notes the Government’s statement that specific information on the enforcement of measures prohibiting the engagement of young persons under 18 in hazardous work is not available. However, the Committee notes the statistical information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), on the nature of violations detected by the labour inspectors in 2010 with regard to young workers. According to this information, 18 per cent of the offences relate to the working hours of children under 15 years, 28 per cent relate to the working hours of children of 15 years, 18 per cent relate to the working hours of other juveniles, and 18 per cent relate to risk assessment, instruction, information and supervision.

Article 6. Programmes of action. National plan of action against trafficking in human beings. Following its previous comments, the Committee notes the Government’s statement that the measures to prevent and combat trafficking of children are part of the overall policy to prevent and combat trafficking in human beings. It also notes the Government’s indication that the National Human Trafficking Action Plan which has been replaced by the Action Plan of the Task Force on Human Trafficking established a task force in 2008. This task force consists of representatives of the five ministries as well as the Public Prosecution Service, the police, the Immigration and Naturalization Service, the Royal Constabulary, the mayors of Alkmaar, Utrecht, Den Haag and Rotterdam, the judiciary, the National Rapporteur on trafficking in human beings and the NGO Comensha. The Task Force drew up a first Action Plan in 2008 and recently approved a new Action Plan for the period 2011–14. The Committee notes the Government’s information that the Ministry of Justice launched a child sex tourism awareness campaign in January 2010 and launched a special website for reporting child sex tourism. In 2009–11, the Dutch Border Police continued to check at the airport all the incoming passengers from source countries of child sex tourism on any possession of child pornography. The Committee further notes that in 2010, the mandate of the National Rapporteur on trafficking in human beings was extended to include child pornography and the first report on child pornography is expected in the summer of 2011. With regard to youth prostitution, training was given to social and prevention workers, police officers, local and provincial governments and schools. Furthermore, the Ministry of Education, Culture and Science provided funds for the sexual education of boys and for teaching children how to deal with messages coming from the media.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Youth prostitution. The Committee previously noted the Government’s information on the various initiatives taken to prevent youth prostitution as well as to address the problem of so-called “lover boys” (men who seduce young girls with the objective of getting them involved in prostitution). It requested the Government to continue its efforts and provide further information on the measures taken in this regard.

The Committee notes the Government’s information that one of the measures included in the Action Plan of 2011–14 by the Task Force concerns a project which was set up by the police in the region of Rotterdam-Rijnmond on “lover boys” and their victims. According to the Government’s report, measures are being taken to gather information about “lover boys” and to stop their activities by using social media, such as chat-sites or social networks. Special attention is being devoted to girls who are at risk of falling victims to “lover boys” by making them aware of such risks. The Committee also notes the Government’s information that the Action Plan of the Task Force also contains measures to improve the knowledge and facilities of law enforcement organizations to counter the use of the internet as a means for criminal activities, such as grooming of victims of “lover boys”.

Unaccompanied minor asylum seekers. The Committee notes the Government’s information that in order to protect unaccompanied minor asylum seekers who may fall victims to trafficking in human beings, a pilot project entitled “Protected reception” was started in January 2008. Under this project, possible victims of child trafficking are placed in secure shelters with extra safety measures and extra personnel and in situations where they are only allowed to go outside under supervision. The minors get special guidance and support and are informed about the risks of trafficking. The Committee notes the Government’s statement that as per the evaluation made by the Research and Documentation Centre of the Ministry of Security and Justice, the number of disappearances of unaccompanied minor asylum seekers in risk categories has diminished.

Parts III and V of the report form. Application of the Convention in practice. The Committee previously expressed its concern at the number of children who are victims of trafficking and commercial sexual exploitation. The Committee notes the statistical information provided by the Government from the report of the National Rapporteur on Trafficking in Human Beings, 2010. According to this data, in 2006, 25 criminal cases (12 per cent of the total cases registered) involving under age minors were registered; in 2007, 56 cases (20 per cent of the total cases) were registered; and in 2008, 26 cases (12 per cent of the total cases) were registered. The Committee requests the Government to provide further information on the prevalence of the worst forms of child labour in the country, in particular trafficking in children and the commercial sexual exploitation of children. It also requests the Government to indicate the number of infringements, investigations, prosecutions, and convictions with regard to the cases of trafficking in children and commercial sexual exploitation of children.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted the Government’s indication that it was in the process of tightening sexual offences legislation by introducing stricter penalties for involvement in child pornography, criminalizing the sexual corruption of children and criminalizing the practice of grooming. The Committee notes with satisfaction the Government’s indication that this legislation which was intended to implement the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse came into force on 1 January 2010. It also notes the Government’s information that the Bill to Regulate Prostitution and to Combat Abuses in the Sex Industry which raises the minimum age for prostitution from 18 to 21 years was approved by the Lower House of the Parliament and is currently before the Senate. The Committee requests the Government to provide information on the practical application of the newly adopted legislation which introduces stricter penalties for the provisions under the Dutch Criminal Code with regard to the offences related to child pornography, sexual corruption of children and grooming of a child for sexual acts.

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

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

The Committee notes the Government’s report and the comments made by the National Federation of Christian Trade Unions (CNV) in a communication dated 28 August 2009. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that legislation is currently being prepared to transpose and implement the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The Committee notes the Government’s indication that this is designed to tighten sexual offences legislation by introducing stricter penalties for involvement in child pornography, criminalizing the sexual corruption of children and criminalizing the practice of grooming. The Committee also notes the Government’s indication that a bill to regulate prostitution and combat abuses in the sex industry, including child prostitution, is currently before the Council of State. The Committee requests the Government to provide copies of the relevant legislation, once adopted.

Clause (c).  Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that, pursuant to sections 45–50 and 52 of the Penal Code anyone who uses, recruits or offers a child to commit criminal offences is generally guilty of criminal participation. The Committee requested the Government to indicate whether the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the international treaties, falls within the ambit of these provisions of the Penal Code. The Committee notes the Government’s statement that inciting a person, including a child, to commit a criminal offence falls under these general provisions of criminal perpetration. The Committee also notes the information in the Government’s report that the Opium Act, which makes it an offence to import or export a drug from Dutch territory, in addition to making it an offence to cultivate, prepare, manufacture, process, sell, deliver, supply, transport, have, store or produce a drug, applies to both adults and minors. The Committee further notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC), of 23 July 2008, that, to facilitate the effective enforcement of the Opium Act, the Public Prosecution Service issued revised guidelines, on 1 January 2001, for investigations and prosecutions, which contain special provisions concerning minors including special attention to the production of drugs by minors and sales to minors (CRC/C/NLD/3, paragraph 449).

Clause (d).  Hazardous work.  The Committee previously noted that the CNV indicated that youth under 16 years are involved in high-risk activities, such as cutting and sawing, and handling heavy loads and hazardous materials, and requested the Government to provide its comments on the matter. In a more recent communication dated 28 August 2009, the CNV questions if the prohibitions of these hazardous tasks for young persons below the age of 18 are contained in legally enforceable regulations. The Committee notes the Government’s statement that dangerous work such as sawing, carrying heavy loads and working with hazardous materials may not, in any case, be performed by a person under the age of 18. The Government also states that this prohibition is explicitly stated in the brochure on labour performed by young persons, published by the Ministry of Social Affairs and Employment in July 2007. The Committee also notes the Government’s statement that annual inspection projects are carried out by the labour inspectorate to ensure compliance in this regard. The Committee further notes the Government’s information submitted under the Minimum Age Convention, 1973 (No. 138), that between 1 July 2007 and 28 August 2009, two warnings (for serious violations) were issued in relation to a violation involving a worker under 18, pursuant to the Working Conditions Act (which sets out the prohibited types of hazardous work for persons under 18). The Committee requests the Government to continue to provide information on the enforcement of measures prohibiting the engagement of young persons under 18 in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Article 6. Programmes of action. National plan of action against trafficking in human beings. The Committee previously noted the National Human Trafficking Action Plan (NHTAP) prepared by the Dutch Government in December 2004, and that in 2006 supplementary measures focusing specifically on preventing under-age human trafficking and youth prostitution were adopted. The Committee requested the Government to continue providing information on the implementation of the NHTAP, and the results obtained. The Committee notes the Government’s information in its report submitted under the Forced Labour Convention, 1930 (No. 29) that the majority of the action points of the NHTAP have been implemented, including the establishment of a centre of expertise on human trafficking in the National Crime Squad, the provision of a separate budget within the Ministry of Justice for this purpose, and the establishment of good practices to combat trafficking. However, the Committee also notes that the CRC, in its concluding observations of 27 May 2009, expressed concern at the lack of a comprehensive national strategy to prevent trafficking and sexual exploitation specifically of children, and recommended several measures to the Government to strengthen its efforts to reduce and prevent the occurrence of sexual exploitation and trafficking of children and child sex tourism (CRC/C/NLD/CO/3, paragraph 73). The Committee requests the Government to provide information on measures taken pursuant to these recommendations. The Committee also requests the Government to continue to provide information on the implementation of the National Human Trafficking Action Plan and its role in the elimination of the trafficking and commercial sexual exploitation of children.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Youth prostitution. In its previous comments, the Committee noted the Government’s information on various initiatives focusing on the removal, rehabilitation and social integration of youth prostitutes, as well as the special focus paid by the Government to address the problem of so-called “lover boys” (men who seduce young girls with the objective of getting them involved in prostitution). The Committee requested the Government to provide information on these measures.

The Committee notes the information in the Government’s report that a comprehensive approach to address the problem of “lover boys” has been developed in a number of regions (such as Zeeland, Friesland and Gelderland) and cities (such as Amsterdam, Zwolle, the Hague, Rotterdam and Eindhoven). The Committee also notes the examples in the Government’s report of organizations that work to alleviate problems associated with youth prostitution, including an organization which provides residential assistance to girls who have been victims of prostitution, a project by the youth care organization Bureau Jeugdzorg Utrecht that focuses on girls who are at risk of being drawn into prostitution by their boyfriends, and an initiative by the Body Shop to set up a social and support network for girls fleeing violence from their ‘lover boys’. The Committee further notes the information in the Government’s report to the CRC on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) of 8 January 2008, that there is a national victim support organization subsidized by the Minister of Justice, that provides young victims with emotional, practical and legal assistance (CRC/C/OPSC/NLD/1, paragraph 61). The Committee encourages the Government to continue these efforts, and requests it to provide information in its next report on the functioning of these programmes, including information on the number of children who have been prevented from becoming victims of trafficking, as well as removed and rehabilitated, as a result of their implementation.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication in its written reply of 30 December 2008 to the list of issues of the CRC, in connection with the consideration of its initial report submitted for CRC-OP-SC that in 2006, there were 811 criminal investigations on charges relating to child pornography, 383 of which were handed over to the Public Prosecution Service because the
police believed that there was sufficient evidence for a conviction (CRC/C/OPSC/NLD/1, page 4).

The Committee notes the Government’s statement that the number of victims of commercial sexual exploitation and trafficking who have been rehabilitated is currently unavailable. The Committee also notes the information in the Government’s report that, in 2004, there were 220 registered criminal cases relating to human trafficking that involved victims who were legal minors, as well as 32 cases involving trafficking in conjunction with another charge, and 135 cases in 2005, with an additional 36 cases involving trafficking in conjunction with another criminal charge. The Committee further notes the information in the Government’s report that 20 victims of trafficking (in successfully concluded criminal investigations) who were legal minors were identified in 2003, and 34 such victims in 2004. In addition, the Committee notes the information in the sixth report of the Dutch National Rapporteur on Trafficking in Human Beings (Rapporteur Report), issued 1 October 2008, that 26 registered (possible) victims of trafficking between the ages of ten to 18 were identified in 2004, 24 victims in 2005 and 103 victims in 2006. Of these victims in 2006, ten were between the ages of ten and 14. The Rapporteur Report noted the striking increase in the number of registered under-age victims in 2006, particularly in the age group of 15–17 years.

The Committee notes that the CRC, echoing the comments of the
Committee on the Elimination on the Discrimination Against Women (CEDAW/C/NLD/CO/04, paragraph 23, 24 November 2008), expressed its concern about the number of women and girls who are victims of trafficking (CRC/C/NLD/CO/3, paragraph 73). Noting the sharp increase in the number of registered victims of trafficking under the age of 18 from 2004 to 2006, the Committee must also express its concern at the number of children who are victims of trafficking and commercial sexual exploitation in the Netherlands. The Committee urges the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years from trafficking, and to provide information on measures taken in this regard. The Committee also requests the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the comments made by the National Federation of Christian Trade Unions (CNV) in a communication dated 23 August 2007. It requests the Government to provide further information on the following points.

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. The Committee had previously requested the Government to indicate which legal provisions make it an offence to use, buy or offer a child for illegal activities. The Committee notes the Government’s information that, according to the provisions of the Penal Code, anyone who uses, recruits or offers a child to commit criminal offences is generally guilty of criminal participation (sections 45–50 and 52). It notes that section 47 of the Penal Code imposes penalties for the offences of procuring, complicity in and incitement to commit of a criminal offence, and sections 45, 46(a) and 48 deal with the offence of attempting to commit a crime, attempted complicity, and complicity in a crime, respectively. The Committee requests the Government to indicate whether the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the international treaties, falls within the ambit of these provisions of the Criminal Code.

Article 3. Clause (d). 1. Hazardous work. The Committee had previously noted that by virtue of sections 1.1(5a) and 1.37(1) of the Working Conditions Decree of 1997 as amended in 2000, young persons under 18 years of age working in undertakings shall receive adequate supervision. The nature and degree of supervision will depend on the risks, which according to the risk assessment may arise in the absence of any supervision. Section 137(2) of the above Decree states that supervision shall be provided when the risk assessment reveals that young people are required to carry out work which, considering their lack of experience, physical or mental immaturity, is likely to be hazardous. If such supervision cannot be provided, workers under 18 years of age shall not perform such work. The CNV, in its communication dated 23 August 2007 points out that youth under 16 years are involved in high-risk activities, such as cutting, sawing, heavy loads and hazardous materials. The Committee requests the Government to provide its comments on the matters raised by the CNV in its communication dated 23 August 2007.

2. Self-employed workers. The Committee had previously noted that section 9.5 of the Working Conditions Decree lays down certain prohibitions on hazardous work in respect of self-employed workers. The Committee had requested the Government to indicate whether these prohibitions apply to self‑employed workers under 18 years of age. The Committee notes the comments made by the CNV that in the above Decree the provisions which lay down the obligations to be complied by self-employed workers do not draw any distinction between those under 18 years and older. The Committee notes the Government’s information that the conditions applicable to self-employed workers apply to persons under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that sections 4.105 and 6.27 of the Working Conditions Decree prohibit certain hazardous activities to young persons under 18 years of age. It had noted, however, that these provisions do not include work which is likely to harm the morals of the young person. The Committee had requested the Government to take measures to ensure that children under 18 years of age do not perform such work. The Committee notes the Government’s information that according to section 3.5 of the Working Hours Act, the employer and the legal guardian of a minor must ensure that a child does not undertake work that is detrimental to the child’s physical or mental development. The Committee further notes the Government’s information submitted under Convention No. 138 that, according to section 24(2) of the Licensing and Catering Act, no children under 16 years shall work in the hospitality industry while alcohol is being served. Section 24(3) of the same Act provides that the minimum age to work in the hospitality industry may be raised to 18 years by order, if required. It also notes that child pornography and child prostitution are prohibited by virtue of sections 240(b) and 273 of the Penal Code.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s information that during the period from July to August 2006, the labour inspector investigated 1,660 enterprises employing vacation workers under the age of 18 years, and in 26 per cent of the enterprises one or more contraventions were noted.

2. Police. The Committee notes the Government’s information that, in the Netherlands, the fight against child pornography is led by 25 regional police forces and the National Police Service Agency which also has a special department devoted to child pornography on the Internet. This department carries out independent research on the Internet on child pornography, acts as a second line for the two hotlines on which child pornography could be reported, and is the contact point for foreign investigation agencies. Reports of child pornography will be referred to the police who conducts further investigations. The Committee notes the Government’s information that it is difficult to get the producers of child pornography and the investigations usually result in the arrest of people who are in possession of child pornography. It further notes that in 2006, 6,423 cases of child pornography were handled by the hotline, out of which 2,561 were officially registered and 71 cases of distribution of child pornography reported to the police.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. 1. National plan of action against trafficking in human beings. Following its previous comments, the Committee notes the Government’s information that the National Human Trafficking Action Plan prepared by the Dutch Government in December 2004, contains several policies in the area of human trafficking and is implemented in an integrated multidisciplinary manner. This action plan consists of 65 concrete actions in the areas of human rights, legislation, prevention and protection of victims of human trafficking, detection, prosecution, investigation and registration. In February 2006, supplementary measures focusing more specifically on preventing under-age human trafficking and youth prostitution were adopted. In 2004, combating human trafficking was designated as one of the six national key focus areas in the detection and prosecution of organized crime. Further, the Directive on Human Trafficking which sets out policy guidelines to benefit detection and prosecution also devotes special attention to under-age victims of human trafficking and describes procedures on handling them. The Committee requests the Government to continue providing information on the implementation of the abovementioned action plan and its impact on the elimination of the worst forms of child labour, in particular trafficking of children.

2. National Rapporteur on human trafficking. The Committee notes that the National Rapporteur on human trafficking, appointed by the Dutch Government has a broader approach in dealing with the issues related to trafficking and under‑age prostitutes which includes prevention, detection and prosecution, both nationally and internationally. It notes that according to the fourth report of the National Rapporteur, in 2003, a total of 20 under-age victims of trafficking were reported to the STV (Foundation against Trafficking in Women) which is less than in previous years. In 2003, 21 under-age persons were registered as possible victims in the Police Information Node System (IKP-S), whereas this number was 51 in 2002. It further notes that the number of investigations involving under-age victims of trafficking, including cross-border and domestic trafficking was 18 in 2001, 15 in 2002 and 14 in 2003. The number of cases of trafficking involving under-age persons registered in the Public Prosecution Service was 157 in 2001, 227 in 2002 and 195 in 2003. The Committee notes that the report for the year 2007 has been submitted to the Government. The Committee requests the Government to provide information on the number of cases of trafficking of under-age persons as per the report of the National Rapporteur for the year 2007.

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. Youth prostitution. The Committee notes the Government’s information that special attention has been paid to the problem of so-called “lover boys” who seduce young girls with the main objective of getting them involved in prostitution. Many communities have taken action against information on “lover boys” and provisions to help the victims within the framework of their preventive measures pursuant to the Public Health (Preventive Measures) Act and Social Support Act have been implemented. In addition, a lot of information on “lover boys” is being widely made available through the Internet site. It notes the Government’s information that as per the report of the Scientific Research and Documentation Centre of the Ministry of Justice, the number of minors found in licensed prostitution is less (in Amsterdam two 17-year-old girls in a period of three years), though there is not much evidence of minors involved in unlicensed prostitution. The Committee further notes the Government’s information that 35 central local authorities, designated under the Social Support Act (WMO), and provinces under the youth care provisions provide shelter and assistance to child victims of sexual abuse and prostitution and also provide for their rehabilitation and social integration. These are funded by the Ministry of Health, Welfare and Sport which also provides funds to the Youth Prostitution Expertise Centre which is the specialized centre in the rehabilitation and social integration of victims of youth prostitution. The Committee requests the Government to provide information on the measures taken by the local authorities, provinces and the Youth Prostitution Expertise Centre to ensure the rehabilitation and social integration of victims of youth prostitution. It further requests the Government to provide statistical data on the number of children who are in practice removed from prostitution and rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Unaccompanied minor asylum seekers. The Committee notes with interest the Government’s information that efforts are made to combat human trafficking of unaccompanied minor asylum seekers and various measures adopted to limit the disappearance of minors from asylum centres. Round-the-clock supervision and counselling has been introduced in the accommodation centres for young asylum seekers; staff are given training to identify signs of possible interference by human traffickers and to register and report them effectively. The Committee notes the Government’s information that a pilot project has been recently launched to facilitate the secure detention of unaccompanied minor asylum seekers. Under this project, at-risk youngsters will be accommodated in small-scale secure centres involving a high level of direct contact and close supervision. The Committee encourages the Government to continue its efforts to provide protection to the unaccompanied minor asylum seekers who are vulnerable to human trafficking.

Article 8. 1. International cooperation. The Committee notes the Government’s information that as the fight against child pornography on the internet is of global significance, considerable time and effort is put into international cooperation. The Netherlands actively cooperates with Interpol and Europol, and the Dutch hotline which is an active member of the International Association of Internet Hotlines has a large number of international contacts. This cooperation enables the countries to share reports and helps to effectively combat the distribution of images of child sexual abuse. The hotline is part of the European Commission’s Safer Internet Action Plan, and the hotline staff are actively involved in the European network and attend various conferences and meetings held in this field as well as the conferences organized by the Virtual Global Task Force and the Child Exploitation and On-line Protection Centre (CEOP) in order to know the work done by the police which would enable them to set up such collaborative ventures in the Netherlands.

2. Extraterritorial legislation. Following its previous comments, the Committee notes the Government’s information that with regard to the prosecution in the Netherlands of Dutch citizens who have committed offences abroad, a few dozen convictions take place per year. It also notes that the Dutch Ministry of Foreign affairs plays an important role in the provision of legal aid through its embassies and other channels.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice and to provide statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigation, prosecutions, convictions and penalties applied.

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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points. It also takes note of the communication of the Netherlands Trade Union Confederation (FNV) dated 18 November 2004.

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 with interest that the Penal Code was amended on 1 January 2005 so as to expressly prohibit the trafficking of human beings for exploitation and commercial sexual exploitation. Section 273(a), subsection 1 (1° and 2°) of the Penal Code, provides that a person who recruits, transports, transfers or traffics a person under 18 years of age for the purpose of exploitation or organ removal, commits an offence. The Committee observes that "exploitation" includes slavery and practices similar to slavery, forced or compulsory labour, prostitution and other forms of commercial sexual exploitation (section 273(a)(2) of the Penal Code). The Committee also observes that it is prohibited to recruit or abduct a person to perform sexual acts in another country (section 273(a)(1)(3) of the Penal Code). Section 253 of the Penal Code states that a parent or guardian, who gives their child to another person, knowing that the child will be used for begging, dangerous artistic performances or work that is likely to harm the child’s health, commits an offence. Section 274 of the Penal Code prohibits slave trading.

2. Debt bondage and serfdom and forced or compulsory labour. The Committee notes that, by virtue of section 282(a) of the Penal Code, it is prohibited to deprive a person of freedom with the intent to force that person to perform an act.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication to the Committee on the Rights of the Child that compulsory military service was abolished in 1997. The minimum age at which one can join the armed services is 17, and no military personnel under 18 years of age are deployed in peacekeeping or peace enforcement operations, or in other international operations in trouble spots (CRC/C/117/Add.1, 5 June 2003, paragraphs 239-240).

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee observes that section 273(a), subsection 1 (5° and 8°) of the Penal Code, as amended in January 2005, states that anyone who causes a person under 18 years to engage in a commercial sexual act or who intentionally profits therefrom, commits an offence. The Committee also notes that it is expressly prohibited to engage in a paid sexual act with a person aged 16 to 18 years (section 248(b) of the Penal Code). Sections 244 and 245 of the Penal Code provide that it is prohibited to engage in lewd acts (ontuchtige handelingen) with a person aged under 16 years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 240(b) of the Penal Code, it is prohibited to possess, disseminate, display, produce, transport, import or export pornographic material showing persons who appear to be under 18 years of age. The Committee also notes the Government’s indication that the provisions of the Penal Code on sexual abuses were amended on 1 October 2002 to raise the age limit for child pornography from 16 to 18 years as required by the Convention. Sections 273(a) and 273(1)(5°) of the Penal Code were also amended to prohibit the procuring of a person under 18 years of age for prostitution and for other sexual acts, including pornographic performances. It is also prohibited to cause a child by means of money, deception or threat, to commit illegal sexual acts or to permit such acts to happen (section 248(a) of the Penal Code). Section 248(c) of the Penal Code provides that a person, who attends pornographic performances or who watch pornographic films involving children under 18, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication that a person who uses, buys or offers a child for illegal activities (including the production of drugs) will be prosecuted for collusion with the main offender. It also observes that, according to section 253 of the Penal Code, it is an offence to cause a child to be used for begging. The Committee requests the Government to indicate which legal provision states that a person who uses, buys or offers a child for illegal activities is deemed to be the perpetrator of, or an accomplice to, punishable offences.

Article 3, clause (d). Hazardous work. The Committee notes that, by virtue of sections 1.1(5a) and 1.37(1) of the Working Conditions Decree of 1997 as amended in 2000, young persons under 18 years of age working in undertakings shall receive adequate supervision. The nature and degree of supervision will depend on the risks, which according to the risk assessment may arise in the absence of any supervision. Section 137(2) of the Working Conditions Decree states that supervision shall be provided when the risk assessment reveals that young people are required to carry out work which considering their lack of experience, physical or mental immaturity, are likely to be hazardous. If such supervision cannot be provided, workers under 18 years of age shall not perform such work.

2. Self-employed workers. The Committee observes that, according to section 9.5 of the Working Conditions Decree, certain provisions of the Decree apply to self-employed persons. The Committee notes however that no reference is made to the obligation for self-employed workers to comply with sections 137, 4.105 and 6.27 of the Working Conditions Decree which provides for the types of hazardous work that young persons under 18 years of age may not perform. The Committee consequently requests the Government to indicate the measures taken or envisaged to ensure that self-employed workers under 18 years of age do not perform work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee observes that the following activities shall not be performed by young persons under 18 years of age: (i) work involving exposure to dangerous materials or biological agents (section 4.105 of the Working Conditions Decree); (ii) work requiring diving (section 6.27 of the Working Conditions Decree); (iii) work involving exposure to harmful radiation or non-ionizing electromagnetic radiation (section 6.27 of the Working Conditions Decree); (iv) work involving exposure to a high level of noise (section 6.27 of the Working Conditions Decree); (v) work involving exposure to harmful vibrations (section 6.27 of the Working Conditions Decree); and (vi) delivering, transporting or handling insecticides (sections 3-5 of the Pesticides Decree). The Committee observes that the legislation does not appear to prohibit the employment of young persons under 18 years of age in work which is likely to harm their morals. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the morals of children, should be prohibited. The Committee accordingly asks the Government to take measures to ensure that children under 18 years of age do not perform work that is likely to harm their morals.

Article 4, paragraph 2. Identification of hazardous work. Agricultural and horticultural work. The Committee notes the Government’s indication that "the risk of occurrence of activities within the meaning of Article 3(d) of the Convention is the greatest in the industrial, agricultural and horticultural sectors". The Government states that, due to the relatively high number of children working in the agricultural and horticultural sectors, priority is given to those sectors for the enforcement of the relevant legal provision on hazardous work.

Article 4, paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes the Government’s indication that the legislation is amended when the labour inspectorate or the organizations of employers or workers report that certain legal provisions are not sufficiently precise and that dangerous situations may occur. The Government adds that the organizations of employers and workers are consulted on any envisaged amendments to the labour provisions concerning the employment of children.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate is responsible for ensuring the supervision and enforcement of both the Working Conditions Act and the Working Hours Act. It also indicates that specific inspectorates are in place in the following sectors: transport, shipping, air transport and mines. The Committee also notes that labour inspectors are entitled to enter workplaces, instigate investigations and impose fines (sections 24 and 27 of the Working Conditions Act).

The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/117/Add.1, 5 June 2003, paragraph 266) that labour inspectors often conduct inspections to monitor the implementation of the legal provisions on child labour. The Government adds that, since young persons are mainly employed during summer vacation and in the retail trade, catering or agricultural sector, inspections are conducted in these sectors during the summer vacation. About 1,500 inspections have been conducted each year in these sectors since 1997. According to the inspections carried out, 70 per cent of undertakings employ young people under 18 years of age, and about 45 per cent of them comply with the labour legislation. The main violations encountered concerned the nature of the work performed by children and young people, working hours and failure to use adequately the risk assessment and safety procedures. The Committee notes that, according to the information available on the labour inspectorate’s web site, a survey conducted in 2001 reveals that 2 per cent of young persons working in undertakings are engaged in occupations that require expert supervision due to the potential dangerousness of the work. The Committee asks the Government to continue to provide information on the labour inspectorate’s activities.

2. Police. The Committee notes the Government’s indication that the enforcement of the trafficking in human being legislation is one of the priorities of the Public Prosecutor’s Office. Every district Public Prosecution Office has a special public prosecutor for trafficking in human being issues. The Government adds that instructions were given to reinforce the cooperation between police, judicial and administrative actions. The Committee also observes that the Dutch police set up the prostitution and trafficking in human beings project. The Government also indicates that criminal investigations are carried on to control the managers and owners of sex establishments, conveyors and recruiters of sex workers. The Committee asks the Government to provide information on the number of investigations carried on by the police and the findings with regard to children involved in the worst forms of child labour, including trafficking, sexual and labour exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programme of action to prevent the engagement of children in the worst forms of child labour. The Committee takes note of the Government’s indication that a programme of action to prevent the engagement of children in the worst forms of child labour was submitted to Parliament for approval in 2001, and that it is currently being updated. The first programme of action consisted of: (i) a survey on the activities of the labour inspectorate; (ii) measures to combat sexual violence against children; and (iii) and overview of the international projects and programmes supported by the Netherlands. The Government adds that the programme was designed and implemented with governmental institutions, social partners and non-governmental organizations. The Committee requests the Government to provide information on the concrete measures taken under the updated programme of action to prevent the engagement of children in the worst forms of child labour and the results achieved.

2. National plan of action against trafficking in human beings. The Committee notes that, according to a 2004 study entitled "Joint East West Research on Trafficking in Children for Sexual Exploitation in Europe: The Sending Countries" (ECPAT, with the support of the European Commission, pages 42, 45, 48, 49, 50 and 53), the Netherlands is a destination country for trafficking. Children aged 13 to 18 are trafficked from Albania, Moldova and Ukraine to the Netherlands, mainly for prostitution or for the production of pornographic material. Children, in particular the youngest, are also trafficked for other purposes such as begging, forced labour or manual labour in the agricultural sector. The study reveals that Moldavian children are recruited by individuals and agencies involved in tourism, employment, modelling or marriage services and on occasion leave the country with their mothers. The Committee further observes that many Ukrainian girls are trafficked under the pretext of employment or marriage. A widely used method of attracting Ukrainian minors and forcing them into prostitution are marriage agencies or "lonely heart" advertisements. The Committee also notes that, according to the Dutch National Committee of UNICEF (Report on child trafficking in the Netherlands), child trafficking for the purposes of prostitution, domestic service, labour exploitation and criminal activities take place in the Netherlands. The researchers interviewed the police, public prosecutor, immigration service, and researchers identified the following obstacles that impeded their work: lack of capacity and cooperation, inadequate protection and support for victims.

The Committee notes that a National Rapporteur on human trafficking was set up to provide the Government with information on the extent and nature of the trafficking of human beings in the Netherlands and to provide recommendations. The Committee notes the Government’s indication that a national plan of action against trafficking in human beings was sent to the Parliament for approval in December 2004. The Committee accordingly asks the Government to provide information on the adoption of the national plan of action against trafficking in human beings, as well as the concrete measures taken pursuant to this plan to eliminate the trafficking of children under 18 years of age for labour or sexual exploitation.

Article 7, paragraph 1. Penalties. The Committee notes that sections 240(b), 248(b), 273(a), 273(1) and 282(a) of the Penal Code, provide for sufficiently adequate and dissuasive penalties for breach of the provisions prohibiting: sale and trafficking of children; forced labour; the use, the procuring or offering of a child for prostitution; the use, procuring or offering of a child for the production of pornography or for pornographic performances. It also notes that section 9.9(a) of the Working Conditions Decree read together with section 1(3) of the Act on Economic Offences, provides for sufficiently adequate and dissuasive penalties for the violation of the provisions prohibiting the employment of children under 18 years in work that is likely to harm their health, safety or morals. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/Resp.48, 16 December 2003, page 20) that 167 cases relating to the sexual exploitation of children (including prostitution and pornography) were reported to the Public Prosecution Service in 2001 and 213 cases in 2002. The Committee further notes the FNV’s statement regarding the absence of information in the Government’s report on prosecutions relating to the worst forms of child labour, especially forced labour, child prostitution and pornography, and the use of children for illegal activities. The Committee requests the Government to provide information on the practical application of the abovementioned provisions, including the penalties imposed in practice.

Article 7, paragraph 2. Time-bound measures. The Committee notes the absence of effective and time-bound measures: (c) ensuring access to free basic education for all children removed from the worst forms of child labour; and (e) taking into account of the special situation of girls. The Committee requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(c ) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/117/Add.1, 5 June 2003, paragraphs 198-200 and 207-208), that, by virtue of the Compulsory Education Act, education is compulsory and free for children aged 5 to 16 years. The Government adds that high priority is given to supporting children who experience problems at school and that the Compulsory Education Act expressly seeks to prevent truancy and dropouts. School attendance officers are responsible for monitoring school attendance and thus preventing students from dropping out of school.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. National plan of action on child sex abuse (NAPS). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/117, Add.1, 5 June 2003, paragraphs 279-280) that the NAPS’s objectives are to identify child prostitutes at an early stage and provide for their rehabilitation. The Committee also observes that the Ministry of Health, Welfare and Sport provides subsidies to non-governmental organizations combating the trafficking of women to allow them to provide proper care and assistance to victims of trafficking, including child prostitutes. The Committee asks the Government to provide information on the concrete measures taken under the NAPS to ensure the rehabilitation and social reintegration of child prostitutes under 18 years and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Government indicates in the explanatory memorandum concerning the proposal of ratification of the Convention to Parliament (the House of Representatives, 1999-2000, 27100 (R 1654), nr. 3, paragraphs 8-9) that services, day care centres, school doctors, schools and social-cultural services play an active role in identifying and reaching out to children at special risk and those engaged in the worst forms of child labour. The Committee asks the Government to provide information on the number of children identified as being at risk of engaging in the worst forms of child labour, and the reason for which they are considered to be at risk.

Article 8. 1. International cooperation. The Committee notes that the Netherlands is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that the Netherlands ratified the Convention on the rights of the child in 1995; the optional protocol on the involvement of children in armed conflicts and the optional protocol on the sale of children, child prostitution and child pornography in 2000; as well as the supplementary protocol to prevent, suppress and punish the trafficking in persons especially women and children in 2000.

The Committee notes the FNV’s statement that the Government’s report does not mention financial support given by the Government for activities undertaken by the Dutch trade unions and non-governmental organizations to eliminate the worst forms of child labour in developing countries. The Committee observes that poverty reduction is the main objective of Dutch development policy and has been a priority for several decades. The Netherlands allocates 0.7 per cent of its gross national product (GNP) for development cooperation and is a donor to ILO-IPEC. The Committee further notes the Government’s indication that it participates in the "Education for All" movement which was launched at the World Conference on Education for All in 1990. Governments, non-governmental organizations, civil society, bilateral and multilateral donor agencies and the media cooperate to provide basic education for all children, youths and adults. The Government plays an active role in 15 partner countries in promoting dialogue aiming at reaching joint agreements with governments and other donors concerning the implementation and financing of education programmes. The Committee also observes that the Netherlands financially supports the European Union’s STOP programme, which intends to prevent and combat trade in human beings and all forms of sexual exploitation. The Committee encourages the Government to pursue its efforts to support economic development, poverty reduction, universal education and elimination of the trafficking of children.

2. Extraterritorial legislation. The Committee notes the Government’s indication that the Penal Code was amended in 2002 to ensure that a Dutch national or a person who permanently resides in the Netherlands is liable to prosecution for any sexual abuse committed against a child outside the Netherlands. The Committee asks the Government to provide information on the practical application of this provision.

Part III of the report form. The Committee notes the Government’s indication that no major court rulings dealt with legal provisions giving effect to the Convention. The Committee would be grateful if the Government would supply a copy of any court decisions on breaches of the legislation relevant to the application of the Convention.

Part V of the report form. The Committee notes the absence of information in the Government’s report on data concerning children involved in the worst forms of child labour. It also notes that the Committee on the Rights of the Child (CRC/C/15/Add.227, 26 February 2004, paragraph 25) recommended that "the State party develop a system of data collection which is compatible with the Convention and collect data disaggregated by sex, age and other relevant indicators. Such a system should cover all persons under the age of 18 and pay particular attention to vulnerable groups, such as children deprived of a family environment, victims of abuse, sexual exploitation and trafficking in children in conflict with the law. Furthermore, the data should be used in the development of programmes and policies for the implementation of the Convention". The Committee accordingly asks the Government to provide information on the worst forms of child labour including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those 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 the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.