Worst Forms of Child Labour Convention, 1999 (No. 182) - Iceland (Ratification: 2000)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 202(4) of the General Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse commits a punishable offence. The Committee further noted from the concluding observations of June 2006 on the Optional Protocol on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, that the Committee on the Rights of the Child (CRC) expressed concern “at the criminalization of child prostitutes” (CRC/C/OPSC/ISL/CO/1, paragraph 13). The Committee therefore requested the Government to ensure that child victims of prostitution were treated as victims rather than offenders.

The Committee notes the Government’s indication that, following the Committee’s concern regarding the abovementioned matter, the issue was forwarded to the responsible ministry. It notes the Government’s indication that, in 2007, the Penal Code was amended to decriminalize the act of prostitution and that, therefore, children under 18 engaged in prostitution cannot be treated as offenders. In this regard, the Committee notes that section 206 of the General Penal Code prohibits any person from deceiving, encouraging or assisting a child under the age of 18 to engage in prostitution, and that the provision stating that “anyone engaging in prostitution for own upkeep shall be subject to imprisonment for up to two years” was deleted.

Article 8. International cooperation. The Committee previously noted that, in its concluding observations of June 2006 on the Optional Protocol on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, the CRC expressed concern about the principle of “double criminality” in section 5 of the General Penal Code, which requires that a person who committed a serious or lesser offence abroad can be punished in Iceland only if the act is punishable under the law of the country in which it was committed. The CRC expressed further concern “that this requirement limits the possibility of the prosecution of offences” relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/ISL/CO/1, paragraph 14).

The Committee notes that the Government provides no information on this question. However, it notes that, in its concluding observations of 23 January 2012, the CRC reiterates its concern about the principle of “double criminality” in section 5 of the General Penal Code (CRC/C/ISL/CO/3-4, paragraph 54). Therefore, the Committee once again requests the Government to provide information on any measures taken or envisaged to address this issue, in its next report.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 202(4) of the Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse commits a punishable offence. The Committee further noted from the concluding observations of June 2006 on the Optional Protocol on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, that the Committee on the Rights of the Child (CRC) expressed concern “at the criminalization of child prostitutes” (CRC/C/OPSC/ISL/CO/1, paragraph 13). The Committee therefore requested the Government to ensure that child victims of prostitution are treated as victims rather than offenders.

The Committee notes the Government’s indication that, following the Committee’s concern regarding the abovementioned matter, the issue is being treated by the responsible ministry and no response has yet been received. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that children under 18 who are victims of prostitution are not liable to a criminal offence under national legislation and requests the Government to provide information on the progress made in this regard.

Article 8. International cooperation. The Committee had previously noted that, in its concluding observations of June 2006 on the Optional Protocol on the Rights of the Child on the sale of children, child prostitution and child pornography, the CRC expressed concern about the principle of “double criminality” in section 5 of the General Penal Code, which requires that a person who has committed a serious or lesser offence abroad can be punished in Iceland only if the act is punishable under the law of the country in which it was committed. The CRC expressed further concern “that this requirement limits the possibility of the prosecution of offences” relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/ISL/CO/1, paragraph 14). The Committee then requested the Government to provide information on this issue.

The Committee notes the Government’s indication that its request for information on this matter has been forwarded to the ministry in charge and that a response has not yet been received. In light of this fact, the Committee requests the Government to provide information on any measures, taken or envisaged, to address this issue in its next report.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 202(4) of the Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse commits a punishable offence. The Committee further noted from the concluding observations of June 2006 on the Optional Protocol on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, that the Committee on the Rights of the Child (CRC) expressed concern “at the criminalization of child prostitutes” (CRC/C/OPSC/ISL/CO/1, paragraph 13). The Committee therefore requested the Government to ensure that child victims of prostitution are treated as victims rather than offenders.

The Committee notes the Government’s indication that, following the Committee’s concern regarding the abovementioned matter, the issue is being treated by the responsible ministry and no response has yet been received. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that children under 18 who are victims of prostitution are not liable to a criminal offence under national legislation and requests the Government to provide information on the progress made in this regard.

Article 6. Programmes of action. Following its previous comments, the Committee notes the measures envisaged in the Parliamentary Resolution annexed to the Government’s report, on a four-year action plan, from 2007 to 2011, to improve the situation of children and young persons (Parliamentary Resolution 2007–11). The Committee notes that, in order to ensure the coordination and the implementation of the measures provided by the Parliamentary Resolution
2007–11, a consultative group consisting of representatives from various ministries shall be appointed. The Committee also notes that the proposals made by the consultative group shall be formulated in joint consultation with the State, the social partners and municipalities. The Committee notes that, Part VII of the Parliamentary Resolution 2007–11 referring to “measures to protect children and young persons against sexual offences”, includes such objectives as the implementation of an action plan in collaboration with non-governmental organizations in order to draw up preventive measures against child pornography, and supporting the work of the Children’s House (Barnahús), as an interdisciplinary centre for handling sexual offences against children, particularly in regard to the taking of statements from children and the professional treatment they receive. The Committee notes the Government’s indication that considering the provisions in Icelandic legislation and regulations, child labour is not seen to be a problem and is therefore not addressed in the action plan.

Article 8. International cooperation. The Committee had previously noted that, in its concluding observations of June 2006 on the Optional Protocol on the Rights of the Child on the sale of children, child prostitution and child pornography, the CRC expressed concern about the principle of “double criminality” in section 5 of the General Penal Code, which requires that a person who has committed a serious or lesser offence abroad can be punished in Iceland only if the act is punishable under the law of the country in which it was committed. The CRC expressed further concern “that this requirement limits the possibility of the prosecution of offences” relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/ISL/CO/1, paragraph 14). The Committee then requested the Government to provide information on this issue.

The Committee notes the Government’s indication that its request for information on this matter has been forwarded to the ministry in charge and that a response has not yet been received. In light of this fact, the Committee requests the Government to provide information on any measures, taken or envisaged, to address this issue in its next report.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted with interest the Government’s information that section 202(4) of the Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse commits a punishable offence. The Committee notes that, in its concluding observations of June 2006 on the Optional Protocol on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child (CRC) expressed concern “at the criminalization of child prostitutes” (CRC/C/OPSC/ISL/CO/1, paragraph 13). The Committee is concerned at the statement that children who are victims of sexual exploitation, particularly prostitution, are at risk of being regarded as criminals. The Committee therefore requests the Government to ensure that child victims of prostitution are treated as victims rather than offenders. In this regard, it requests the Government to take the necessary measures to ensure that children under 18 who are victims of prostitution are not liable to a criminal offence under national legislation.

Clause(c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had requested the Government to indicate whether the use, procuring or offering of a child for the production and trafficking of drugs constitutes a crime within the meaning of section 99(2), of Child Protection Act No. 80/2002, which states that inciting a child to crime, promiscuity, use of alcohol or drugs, or leading the child astray by other means is punishable with a fine and up to four years’ imprisonment. The Committee takes due note of the Government’s statement that the use, procuring or offering of a child for the production and trafficking of drugs does constitute a crime within the meaning of this section.

Article 6. Programmes of Action. The Committee notes the information provided in the annual report issued by the Ombudsman for Children in Iceland in 2007. This report states that the Government has approved a proposal for a parliamentary resolution concerning a four-year action plan for the years 2007–11, for the purpose of bolstering the position of children and youth (page 6). The Committee requests further information on this action plan, specifically regarding measures designed to address the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously noted the Government’s information that the Working Group for Cooperation of Children at Risk decided to launch a two-year project on the training of professionals to work with children who are victims of trafficking. The Committee requested the Government to provide information on the implementation of the project. It had also asked the Government to provide information on the number of children withdrawn from trafficking pursuant to the implementation of this project, and on measures taken to rehabilitate and reintegrate these children. The Committee notes the Government’s detailed information on the Working Group for Cooperation of Children at Risk. The Committee notes further the Government’s statement that there have been no reports of children withdrawn from trafficking.

Clause (d). Identifying and reaching out to children at special risk. Children in need of protection. In its previous comments, the Committee noted the Government’s information that the aim of the Child Protection Act is to ensure that children who live in unsatisfactory conditions and children who jeopardize their own health and development receive the necessary assistance. The Committee requested the Government to provide information on any relevant results of the measures applied by the child welfare committees on protecting children in need from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes the Government’s statement that no cases of the worst forms of child labour have been reported.

Article 8. International cooperation. The Committee notes that, in its concluding observations of June 2006 on the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, the CRC noted with appreciation the Government’s bilateral and international technical cooperation activities aimed at preventing the involvement of children in armed conflict (CRC/C7OPAC/ISL/COL/1, paragraph 4). The Committee also notes that, in its concluding observation of June 2006 on the Optional Protocol on the Rights on the Sale of Children, Child Prostitution and Child Pornography, the CRC expressed concern about the principle of “double criminality” in section 5 of the General Penal Code, which requires that a person who has committed a serious or lesser offence abroad can be punished in Iceland only if the act is punishable under the law of the country in which it was committed. The CRC expressed further concern “that this requirement limits the possibility of the prosecution of offences” relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/ISL/CO/1, paragraph 14). The Committee requests the Government to provide information on any measures, taken or envisaged, to address this issue.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation as a matter of urgency. The Committee notes with interest the Government’s information that section 227(a) of the Penal Code, as amended by Act No. 40/2003, states that anyone who, for the purpose of sexual exploitation or forced labour, procures, removes, houses or accepts a person under 18 years of age, is guilty of the offence of “trafficking in human beings”.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes with interest the Government’s information that section 202, paragraph 4, of the Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse, commits a punishable offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 210 of the Penal Code, as amended by Act No. 126/1996, punishes the possession of pornographic material, but does not apply to the use, procuring or offering of a child for pornographic performances. The Committee notes the Government’s information that section 210 of the Penal Code, as amended by Act No. 39/2000 and Act No. 14/2002, punishes anyone who produces or imports for distribution purposes, sells, hands out or distributes in another manner pornographic material. If the material shows children in a sexual or pornographic manner, the penalty is increased. The Committee further notes that, according to section 93(3) of Child Protection Act No. 80/2002, children under 18 years are not permitted to take part in striptease displays or other displays of such nature. The organizers of such displays are responsible for ensuring that participants have attained the required age.

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 absence of information on this point in the Government’s report. It once again requests the Government to indicate whether the use, procuring or offering of a child for the production and trafficking of drugs constitutes a crime within the meaning of section 99 of Child Protection Act No. 80/2002.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the Administration of Occupational Safety and Health (AOSH) is directly involved in decisions on measures relating to the content of the Convention as regards the protection of children and young people in hazardous work. It also notes the Government’s information that an amendment to Act No. 46/1980, which took effect in May 2003, added a new provision covering matters including risk assessment. As a result of this amendment, the AOSH has increasingly demanded that employers of young persons draw up a risk assessment, taking into account the threats posed to their safety and health and risk factors in the working environment. If the risk assessment indicates that there is a threat to the health and safety of the employees, the company is required to draw up a written schedule providing for preventive measures to prevent damage to the health of workers. The Committee notes the Government’s information that the AOSH and the Children’s Ombudsman, together with the Directorate of Labour, sent a circular to employers in May 2006 drawing attention to the rules in force in Iceland regarding work by children and young persons.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code establishes effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the offences of procuring a child to make a living from sexual promiscuity (section 206); and possessing and disseminating pornographic material showing children (section 210). It had also noted that section 99 of the Child Protection Act establishes effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the incitement of a child to illicit activities. It had further noted that section 99 of the Act on Working Environment, Health and Safety in the Workplace No. 46/1980 punishes by fines the non-compliance with the provisions of this law and the regulations that are issued accordingly. The Committee notes the Government’s information that section 227(a) of the Penal Code punishes the offence of trafficking of persons under 18 years of age for sexual or labour exploitation by up to eight years’ imprisonment. It also notes that section 202, paragraph 4, of the Penal Code, punishes child prostitution by up to two years’ imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. Child victims of trafficking. The Committee notes the Government’s information that the Working Group for Cooperation of Children at Risk decided to launch a two-year project on the training of professionals to work with children who are victims of trafficking. The Committee requests the Government to provide information on the implementation of the project. It also asks the Government to provide information on the number of children withdrawn from trafficking pursuant to the implementation of this project, and on measures taken to rehabilitate and reintegrate these children.

Clause (d). Identifying and reaching out to children at special risk. Children in need of protection. The Committee notes the Government’s information that the aim of the Child Protection Act is to ensure that children who live in unsatisfactory conditions and children who jeopardize their own health and development receive the necessary assistance. The Committee notes the Government’s information that all local authorities in Iceland have child welfare committees, the role of which includes investigating the living conditions and conduct of children and assessing the needs of those children who can be considered to live in inadequate conditions or face social difficulties. By virtue of section 16 of the Child Protection Act, anyone who has reason to suspect that a child lives in unsatisfactory circumstances for his/her development, or is seriously jeopardizing his/her own health and development, is obliged to report to the child welfare committees. Moreover, section 17 of the same Act provides that subjects institutionally dealing with children have the duty to inform the child welfare committees when they find children in need of protection. The child welfare committees are expected to apply the most appropriate remedies to promote good conditions for children, including helping their parents, and providing them with the necessary support. If these measures fail, the child welfare committees are able to place children in care for a period of time. The Committee notes the Government’s information that the Child Protection Agency exercises overall supervision on homes and institutions where the child welfare committees place children in need. The Committee requests the Government to provide information on any relevant results of the measures applied by the child welfare committees on protecting children in need from the worst forms of child labour and providing for their rehabilitation and social integration.

Parts IV and V of the report form. The Committee notes the absence of information on this point in the Government’s report. It therefore once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringement reports, investigations, prosecutions, convictions and penalties applied.

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation as a matter of urgency. The Committee notes with interest the Government’s information that section 227(a) of the Penal Code, as amended by Act No. 40/2003, states that anyone who, for the purpose of sexual exploitation or forced labour, procures, removes, houses or accepts a person under 18 years of age, is guilty of the offence of “trafficking in human beings”.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes with interest the Government’s information that section 202, paragraph 4, of the Penal Code, as amended by Act No. 14/2002, states that anyone who pays a child under 18 years in return for having sexual intercourse, commits a punishable offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 210 of the Penal Code, as amended by Act No. 126/1996, punishes the possession of pornographic material, but does not apply to the use, procuring or offering of a child for pornographic performances. The Committee notes the Government’s information that section 210 of the Penal Code, as amended by Act No. 39/2000 and Act No. 14/2002, punishes anyone who produces or imports for distribution purposes, sells, hands out or distributes in another manner pornographic material. If the material shows children in a sexual or pornographic manner, the penalty is increased. The Committee further notes that, according to section 93(3) of Child Protection Act No. 80/2002, children under 18 years are not permitted to take part in striptease displays or other displays of such nature. The organizers of such displays are responsible for ensuring that participants have attained the required age.

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 absence of information on this point in the Government’s report. It once again requests the Government to indicate whether the use, procuring or offering of a child for the production and trafficking of drugs constitutes a crime within the meaning of section 99 of Child Protection Act No. 80/2002.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the Administration of Occupational Safety and Health (AOSH) is directly involved in decisions on measures relating to the content of the Convention as regards the protection of children and young people in hazardous work. It also notes the Government’s information that an amendment to Act No. 46/1980, which took effect in May 2003, added a new provision covering matters including risk assessment. As a result of this amendment, the AOSH has increasingly demanded that employers of young persons draw up a risk assessment, taking into account the threats posed to their safety and health and risk factors in the working environment. If the risk assessment indicates that there is a threat to the health and safety of the employees, the company is required to draw up a written schedule providing for preventive measures to prevent damage to the health of workers. The Committee notes the Government’s information that the AOSH and the Children’s Ombudsman, together with the Directorate of Labour, sent a circular to employers in May 2006 drawing attention to the rules in force in Iceland regarding work by children and young persons.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code establishes effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the offences of procuring a child to make a living from sexual promiscuity (section 206); and possessing and disseminating pornographic material showing children (section 210). It had also noted that section 99 of the Child Protection Act establishes effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the incitement of a child to illicit activities. It had further noted that section 99 of the Act on Working Environment, Health and Safety in the Workplace No. 46/1980 punishes by fines the non-compliance with the provisions of this law and the regulations that are issued accordingly. The Committee notes the Government’s information that section 227(a) of the Penal Code punishes the offence of trafficking of persons under 18 years of age for sexual or labour exploitation by up to eight years’ imprisonment. It also notes that section 202, paragraph 4, of the Penal Code, punishes child prostitution by up to two years’ imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. Child victims of trafficking. The Committee notes the Government’s information that the Working Group for Cooperation of Children at Risk decided to launch a two-year project on the training of professionals to work with children who are victims of trafficking. The Committee requests the Government to provide information on the implementation of the project. It also asks the Government to provide information on the number of children withdrawn from trafficking pursuant to the implementation of this project, and on measures taken to rehabilitate and reintegrate these children.

Clause (d).  Identifying and reaching out to children at special risk. Children in need of protection. The Committee notes the Government’s information that the aim of the Child Protection Act is to ensure that children who live in unsatisfactory conditions and children who jeopardize their own health and development receive the necessary assistance. The Committee notes the Government’s information that all local authorities in Iceland have child welfare committees, the role of which includes investigating the living conditions and conduct of children and assessing the needs of those children who can be considered to live in inadequate conditions or face social difficulties. By virtue of section 16 of the Child Protection Act, anyone who has reason to suspect that a child lives in unsatisfactory circumstances for his/her development, or is seriously jeopardizing his/her own health and development, is obliged to report to the child welfare committees. Moreover, section 17 of the same Act provides that subjects institutionally dealing with children have the duty to inform the child welfare committees when they find children in need of protection. The child welfare committees are expected to apply the most appropriate remedies to promote good conditions for children, including helping their parents, and providing them with the necessary support. If these measures fail, the child welfare committees are able to place children in care for a period of time. The Committee notes the Government’s information that the Child Protection Agency exercises overall supervision on homes and institutions where the child welfare committees place children in need. The Committee requests the Government to provide information on any relevant results of the measures applied by the child welfare committees on protecting children in need from the worst forms of child labour and providing for their rehabilitation and social integration.

Parts IV and V of the report form. The Committee notes the absence of information on this point in the Government’s report. It therefore once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringement reports, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that, according to section 206 of the Penal Code, it is an offence to encourage any person to leave or enter Iceland for the purpose of making a living from sexual promiscuity if the person concerned is under the age of 21 years or is unaware that this constitutes a purpose of the journey. The Committee also notes the information provided by the Government concerning measures to prevent and suppress trafficking in persons for the purpose of sexual exploitation. In this regard, the Committee notes the practical measures undertaken by the Government to combat trafficking in persons, in collaboration with the governments of the Nordic and Baltic countries, in particular the Nordic-Baltic Campaign Against Trafficking in Women and the cooperation between the police in Iceland and its counterparts in the Nordic and Baltic countries. The Committee also notes that, according to the declaration made by the Government representative at the Informal Nordic-Baltic Ministers’ Meeting in Stockholm on 9 April, 2003, Iceland decided to put in place a number of concrete measures for the long-term practical cooperation between countries in the struggle against trafficking in persons, especially women and children. Moreover, the Committee notes the Government’s statement that it is hoping soon to introduce national legislation against trafficking in human beings. The Committee requests the Government to provide information on the activities of the working group set up in connection with the Nordic-Baltic Campaign Against Trafficking in Women, especially when these activities relate to measures taken to prohibit the trafficking of children under 18. It also requests the Government to provide a copy of the legislation against trafficking in persons, as soon as it is adopted.

The Committee observes that there appears to be no legislation that specifically addresses the sale and trafficking of children less than 18 years of age for labour exploitation in Iceland. Consequently, it requests the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation as a matter of urgency.

2. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that Iceland ratified ILO Conventions Nos. 29 and 105 on forced labour, as well as the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and the Institutions and Practices Similar to Slavery. According to article 68 of the Constitution, no one shall be required to perform compulsory labour and no one shall be subjected to torture or to inhuman or degrading treatment or punishment.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to article 75 of the Constitution, all men capable of bearing arms are obliged personally to take part in the defence of the country, in accordance with further provisions which may be made in law. In this regard, it notes the information provided by the Government in its initial report to the Committee on the Rights of the Child in May 1995 (CRC/C/11/Add.6, paragraphs 350 and 351) that no wars have ever been fought in Iceland and article 75 of the Constitution has never been put to the test. The Government also indicated that the term "men capable of bearing arms" in this provision would doubtlessly be interpreted with the age of 18 years as an absolute minimum.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 206 of the General Penal Code, it is an offence to beguile, encourage or assist a young person under the age of 18 to make a living from sexual promiscuity. The Committee observes that section 206 of the Penal Code does not cover the use or offering of a child for the purpose of prostitution. It recalls that Article 3(b) of the Convention also applies to the use or offering of a child for the purpose of prostitution. The Committee also recalls that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. It consequently requests the Government to take the necessary measures to prohibit the use and offering of children under 18 years of age for the purpose of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, for the purpose of criminalizing the possession of material containing child pornography, Act No. 126/1996 amended General Penal Code No. 19/1940. Thus, according to section 210 of the Penal Code, it is an offence for a person to: (i) possess photographs, cinema material or similar things exhibiting children under the age of 18 years in a sexual or pornographic manner; or (ii) possess material of such nature exhibiting children in sexual acts with animals or using objects in a pornographic manner. The Committee observes that section 210 of the Penal Code, as amended by Act No. 126/1996, covers the possession of pornographic material and does not apply to the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee recalls that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances, and sanctions envisaged as a matter of urgency.

Finally, the Committee notes from the concluding observation made by the Committee on the Rights of the Child in January 2003 (CRC/C/15/Add.203, paragraph 38) that a new law on child pornography has been adopted. The Committee requests the Government to provide a copy of this new law.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the information provided by the Government that Act No. 10/1997 amended Act on Drug Abuse No. 65/1974 regarding the definition of drug offences. Thus, the importation, exportation, sale, purchase, exchange, delivery, reception, preparation and possession of equipments, parts and materials for use in the unlawful cultivation, production or preparation of drugs of habituation and dependence are now prohibited. The Committee also notes that section 99 of Child Protection Act No. 80/2002 makes it an offence to incite a child (under the age of 18 years) to crime, promiscuity, use of alcohol or drugs, or to lead the child astray by other means. The Committee requests the Government to indicate whether the use, procuring or offering of a child for the production and trafficking of drugs constitutes a crime within the meaning of section 99 of the Child Protection Act No. 80/2002. Il also requests the Government to provide a copy of the Act on Drug Abuse No. 65/1974, as amended.

Article 3(d) and Article 4, paragraph 1. Hazardous work. The Committee notes that, according to section 62 of the Act on Working Environment, Health and Safety in the Workplace, No. 46/1980, young persons (persons under the age of 18, section 59(2)) may not be engaged in work that is carried out under the following conditions: (a) work that is likely to be beyond their physical or mental capacity; (b) work that is likely to cause permanent damage to health; (c) work that involves the risk of hazardous radiation; (d) work involving risk of accidents which it can be assumed that children and teenagers could have difficulty in identifying or avoiding due to their lack of awareness or lack of experience or training; and (e) work that involves hazards to their health due to excessive cold, heat, noise or vibration.

The Committee notes that sections 10-14 of the Regulations regarding the work of children and adolescents (No. 426/1999) set forth in detail those types of work for which youths under the age of 18 years may not be recruited. According to section 10 of the Regulations, youths may not be hired to work with equipment, or on projects, listed in Appendix 1A, or to conduct work that represents similar hazards. Appendix 1A lists the following equipment and tasks, which youth under 18 years may not work with or in: (1) machine, pneumatic or hydraulic equipment; (2) operating tractors, mobile machines, work machines and other motor-driven equipment; (3) operating motor-driven lifting equipment and conveyor or belts; (4) work in control, maintenance and repairs of machines and equipment; (5) working with hand tools, which vibrate and with an oscillation rate above 130 dB; (6) risk of high-voltage shock; and (7) welding and burning. By virtue of section 11 of the Regulations, youths are not permitted to work with or may not be placed in jeopardy because of the substances listed in Appendix 2, which are as follows: (1) substances in Regulation No. 236/1990 on the grading, labelling and handling of toxic substances, dangerous substances and products that contain such substances; (2) substances mentioned in Regulation No. 236/1990 that are marked with the hazard label Xn; (3) substances that are also in Regulation No. 236/1990 and are marked with the hazard label Xi, and also substances marked as H 43, which may cause allergic reaction on contact with the skin; (4) substances categorized as H 12 that are very inflammable; (5) substances which, in Regulation No. 401/1989 on indicative limit values and measures to reduce pollution, are listed as causing cancer; (6) substances containing 0.1 per cent of the substances that are listed in paragraph 5; and (7) category 3 in Regulation No. 554/1996 on the protection of workers from risk related to exposure to biological agents at work. Additionally, section 12 states that youths may not handle heavy weights that may, in the short or long run damage their health and development. Any unnecessary physical strain of youths must be avoided in their work, as well as incorrect physical work postures or movements. Under section 13 of the Regulations, young persons may not be engaged for work involving a particular risk to their physical or mental development unless they work with adults or persons who have reached the age of 18. This applies particularly to work in kiosks, video stores, fast-food restaurants, petrol stations and similar places. Moreover, under section 14 of the Regulations, youth are not permitted to work under conditions specified in Appendix 3, or under similar conditions that represent a risk to their health and safety. Appendix 3 lists the following: (1) work deemed too difficult for their physical or mental abilities; (2) work which may be expected to cause permanent damage to health; (3) work where there exists a risk of accidents and where it may be expected that children and adolescents have difficulty in realizing the danger or avoiding it because of their lack of awareness or lack of experience or training; (4) work entailing risk to the health of the youths because of unusual cold, heat, noises or vibration; (5) work in the production and handling of fireworks or other items containing explosives; (6) working with tanks, tubs, containers or bottles containing hazardous chemicals such as those listed in Appendix 2. The Committee requests the Government to communicate further information on the application in practice of these provisions of the Regulations.

Furthermore, the Committee notes the Government’s information that Child Protection Act No. 80/2002 states that children under the age of 18 may not work in places that are licensed to sell alcoholic beverages. It also notes that, under section 8 of the Tobacco Control Act, 2002, only people aged over 18 may sell tobacco. Section 9 of the Certification of Marine Engineers Serving on Board Icelandic Ships Act No. 113/1984, as amended, requires persons to be over 18, and to have the necessary qualifications and experience to work on board as engineers. Finally, section 11 of the Certification of Masters and Deck Officers Serving on Board Icelandic Ships Act No. 112/1984, as amended, requires a person to be 20 to be employed as a deck officer.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It notes that the list of the types of dangerous work so determined by the Act on Working Environment, Health and Safety in the Workplace, No. 46/1980, and the Regulations regarding the work of children and adolescents (No. 426/1999) were adopted before the ratification of the Convention. It draws the Government’s attention to Article 4, paragraph 3, of the Convention according to which the list of the types of hazardous work so determined by national legislation shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken or envisaged to review as necessary the list of hazardous work so determined, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. According to the government report, the Administration of Occupational Safety and Health (AOSH), was established by the Act on Working Environment, Health and Safety in the Workplace, No. 46/1980, as the authority entrusted with the monitoring of compliance with the conditions regarding safety and health in workplaces throughout Iceland. The Board of the AOSH includes representatives of the organizations of the social partners. The Committee notes that sections 73 to 89 deal with the supervision of working environment, health and safety in workplaces. Thus, the Act requires the employees of the AOSH, during their inspection of the enterprise, to contact the employer, the safety representative of the employees, their trade union representative and the safety committees of the enterprise. The board of the AOSH shall prepare specific instructions concerning the organization and execution of measures aimed at added safety and improved working conditions and health within the enterprises. Safety committees are established in special fields of the enterprises with the purpose of working towards solutions of problems concerning working environments, health and safety within each special field. These safety committees also have the task to provide employers and employees with information on rules and provisions applicable in that special field. The safety committees can send their proposals to the board of AOSH suggesting changes in rules, which deal with the special field in question. The AOSH may, if required, request the employer to initiate a survey or to carry out an inspection through specialists to ensure that the working conditions fulfil the provisions of the law concerning the working environment, health and safety.

Furthermore, all employees of the AOSH shall have free access at any time of the day to any workplace covered by this legislation, provided that they do not disturb the employer unduly outside the normal working day. The inspectors can ask for the necessary information related to their duties from the employer and any employee, who is or has been working there for the past three months. They shall be permitted to investigate any documents and reports that are supposed to be available according to the Act. If required, police officers may assist the inspection. If the AOSH considers that there is considerable danger to the life and health of the employees or others, it can demand that immediate action be taken to improve the lack of security, or can stop the part of the operations in question. The Committee requests the Government to provide information on the work of the AOSH for the monitoring and effective implementation of the provisions giving effect to the Convention, and any extracts or reports or documents prepared by it related to the elimination of the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that this Article is not applicable to Iceland. The Committee notes, however, that, according to the information available at the Office, on 30 October 2000, Barnaheill-Save the Children Iceland launched the Icelandic Hotline against Child Pornography on the Internet, with the purpose of helping to eliminate child pornography on the Internet by reporting on it at the Hotline. Moreover, the Government, in 1994, established the Office of the Children’s Ombudsman in the Prime Minister’s office, with a mandate to protect children’s rights, interests and welfare by, among other things, exerting influence on legislation, government decisions and public attitudes. The Committee reminds the Government that, even where the worst forms of child labour do not appear to exist, the Convention requires ratifying member States to keep monitoring whether these worst forms of child labour exist in order to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages to develop programmes of action to detect and prevent as a priority the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that Chapter XXII of the General Penal Code No. 19/1940 deals with the penalties for sexual offences. According to section 206, any person who: (i) beguiles, encourages or assists a young person under the age of 18 to make his or her living from sexual promiscuity; or (ii) encourages or assists a young person under the age of 18 to make his or her living from sexual promiscuity, or encourages a person under 21 years to leave or enter Iceland for the purpose of making his living from sexual promiscuity commits an offence and shall be imprisoned for four years. By virtue of section 210, anyone who: (i) possesses photographs, cinema materials or similar things exhibiting children in a sexual or pornographic manner; or (ii) possesses material of such nature exhibiting children in sexual acts with animals or using objects in a pornographic manner shall be fined or imprisoned for up to two years. Moreover, the Child Protection Act No. 80/2002, under Chapter XVIII, lays down the penalty provisions. Under section 99 of this Act, if a person incites a child to crime, promiscuity, use of alcohol or drugs, or leads the child astray by other means, entails fines or imprisonment up to four years. Finally, as per section 99 of the Act on Working Environment, Health and Safety in the Workplace No. 46/1980, non-compliance with the provisions of this law and the Regulations that are issued accordingly are punishable by fines, unless heavier punishment is applicable through other legislation. It observes that section 99, which provides for fines for non-compliance with the provisions of the law and the Regulation does not indicate the applicable amount. The Committee consequently requests the Government to indicate the amount of those fines.

Paragraph 2. Effective and time-bound measures. The Committee notes that in its reports the Government refers to Articles 3 and 4 of the Convention. It observes however that the information does not focus specifically on concrete measures taken against the worst forms of child labour. The Committee reminds the Government that by virtue of Article 7, paragraph 2(a) to (e), of the Convention, effective and time-bound measures shall be taken to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide 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; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, paragraph (2)(a) to (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government that the Ministry of Social Affairs is in charge of child protection issues and undertakes planning and policy decision in this field. The Ministry is also in charge of safety measures in places of work, including those where young persons work. The Government also indicates that the Ministry of Justice and Ecclesiastical Affairs is in charge of custody and judicial issues and undertakes planning and policy decision in this field, and that the Child Protection Committees, which function under the Child Protection Act No. 80/2002, monitor the general protection of children. This includes ensuring that their safety and welfare is never jeopardized by their work. Moreover, the Government Agency for Child Protection, that operates under the Child Protection Act No. 80/2002, is in charge of the day-to-day supervision of child protection issues. This agency is responsible for the coordination and enhancement of child protection work, including that of the child protection committees. Finally, the Government indicates that the Children’s Ombudsman, under the Children’s Ombudsman Act No. 83/1994, is to work to ensure that the administrative authorities, individuals, societies and other organizations and representatives of legal persons take full account of the rights, needs and interests of children. The Children’s Ombudsman is to make recommendations and suggestions on improvements with a bearing on the interests and position of children in all areas of society. The Committee requests the Government to provide information on the methods by which each of the authorities listed in the report supervise the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation and/or assistance. The Committee notes that, according to the Government’s report, the Icelandic Church established the Church’s Helping Institution, which has many projects in helping people in need, both in Iceland and elsewhere in the world. For the last 12 years this institution has worked with United Church of Christ of India (UCCI), which runs special schools in India for poor children. Since 1998, the institution has worked on a special project in India to help children in forced and compulsory labour to obtain freedom. This project is carried out in cooperation with the Social Action Movement (SAM). The Committee also notes that Iceland is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. The Committee asks the Government to supply information on the worst forms of child labour through 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, investigations, prosecutions, convictions and penal sanctions. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.