Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - San Marino (Ratificación : 2000)

The Committee notes with regret 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 5. Monitoring mechanisms. The Committee notes the Government’s indication that the International Labour Office is the authority primarily responsible for monitoring the actual application of the provisions of the Convention in question. The Office issues employment authorization documents provided that the relevant requirements are met, including those relating to the minimum working age and compulsory education. In addition to those carried out by the International Labour Office, inspections are also conducted by the Employment Commission, which is responsible for monitoring the implementation of labour legislation and standards, in collaboration with the Labour Inspectorate. The Committee notes the Government’s statement that the monitoring system established by Act No. 31 of 18 February 1998, “Framework Act on Occupational Safety and Health” is applicable to the recruitment of minors for hazardous work. It also notes the Government’s information that this Act not only establishes the employer’s responsibilities within the enterprise and the health checks to be carried out by the enterprise’s occupational health physician, but also provides for a public monitoring system run by the Environment Hygiene Service, which is under the authority of the Civil Protection Service. Any violation is referred to the judicial authority, which proceeds according to the provisions of the Penal Code. The Committee asks the Government to provide information on the inspections carried out by the International Labour Office and the Employment Commission regarding infringements of the national provisions giving effect to the Convention and to supply a copy of any reports and documents showing the functioning and accomplishments of these mechanisms in monitoring the worst forms of child labour. It also asks the Government to indicate the consultations held with the employers and workers’ organizations in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee notes the Government’s information that section 11 of the “Declaration of the rights of citizens and of the fundamental principles of the laws of San Marino”, as modified by Decree No. 79 of 8 July 2002, states that the Republic has amongst its main objectives the promotion of the personal development of young people through education, employment, sporting and recreational activities. This development is essential to prepare young people for the free and responsible exercise of fundamental rights. The Committee requests the Government to provide information on the programmes of action adopted or envisaged to eliminate, as a priority, the worst forms of child labour. It also requests the Government to indicate the consultations held with the relevant employers’ and workers’ organizations and, if appropriate, the views of other concerned groups taken into consideration.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes the Government’s indication that, with regard to the worst forms of child labour, the Republic of San Marino has adopted a preventive approach, undertaking a number of social and cultural initiatives to eliminate poverty, which forms the basis of the phenomenon addressed by this Convention. The Committee asks the Government to provide information on these initiatives and on the manner in which they contribute to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children form the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that Act No. 61 of 30 April 2002, established to deal with the increase in the sexual exploitation of minors, has considerably widened the scope of action of the judicial and administrative authorities responsible for eliminating the sexual exploitation of minors. It notes the Government’s statement that section 6 of the Act of 2002 provides that the Law Commissioner (Commissario della Legge), in his or her capacity as the judge responsible for guardianship matters Giudice Tutelare, after having received notification of one of the offences considered in the Act, in agreement with the Service for Minors and in order to protect the personal and mental welfare of the minor, must initiate an investigation and adopt all the necessary measures to protect, assist and rehabilitate the minor. If necessary, the Giudice Tutelare will appoint a guardian to offer supervision and assistance during the process of social reintegration. The Committee further notes that, according to the Government, section 7 of the same Act provides that during investigations designed to identify and eliminate the offences provided by the Act or to collect evidence, the Law Commissioner can give specialized agents from the police force the authorization to: simulate the purchase of pornographic material; be involved in intermediary activities; take part in touristic activities (at home and abroad) related to the sexual exploitation of minors; use coverage information to set up Internet sites; participate in exchanges on the Internet. The Committee notes the Government’s indication that main and most far-reaching investigative powers granted by the Act of 2002 do not, however, override the requirement to protect the psychophysical integrity of the minor, which is still a priority. According to the Act of 2002, for this purpose it is provided that any confrontation between the minor and the accused or witnesses take place through mirrored glacé or with the use of an intercommunication system or other technical equipment that guarantees the privacy of the minor.

The Committee notes the absence of information in the Government’s report on effective and time-bound measures: (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Paragraph 8. Enhanced international cooperation and/or assistance. The Committee notes that San Marino ratified the United Nations Convention on the Rights of the Child in 1991. The Committee 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 these provisions of the Convention.

Part III of the report form. The Committee notes the Government’s indication that no sentences have been handed down by the judicial tribunals concerning the application of Convention No. 182. It asks the Government to provide information in its future reports on any decisions of tribunals which would involve questions of principle relating to the application of the Convention.

Part V. The Committee notes the Government’s information that no cases of child labour have ever been reported. It asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied. To the extent possible, all information provided should be disaggregated by sex.