Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Royaume-Uni de Grande-Bretagne et d'Irlande du Nord (Ratification: 2000)

The Committee notes the Government’s report. It also notes the comments made by the Trades Union Congress (TUC) in its communication dated 24 October 2005, and the Government’s reply thereto.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that, according to section 48 of the Sexual Offences Act, 2003, a person (A) commits an offence if: (a) that person intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world; and (b) either: (i) B is under 18, and A does not reasonably believe that B is 18 or over; or (ii) B is under 13. It had noted that similar wording is used in several other provisions of the same Act relating to controlling, arranging and facilitating child prostitution or pornography (sections 49 and 50). It had therefore observed that only children under 13 years of age are protected, with certainty, from sexual exploitation. The Committee had noted the Government’s indication that, as prostitution and pornography were not illegal as such, it was conceivable that A could cause B to participate in these practices in the reasonable belief that B was over 18. If the defendant could produce evidence to support that belief, then the police saw little value in prosecuting an individual who has genuinely tried to stay within the law. The Committee had requested the Government to provide information on the evidence brought before the courts by persons prosecuted for having used, procured or offered persons under 18 years of age for prostitution or the production of pornography, on judicial decisions relating to the admissibility of such evidence and the outcome of trials where such evidence is adduced.

The Committee notes the TUC’s contention that United Kingdom legislation presents a loophole whereby someone could escape possible conviction for the sexual exploitation of a child on the grounds that they “reasonably believed” that the child was over 18 years.

The Committee notes the Government’s statement that it does not collect information on evidence used in trials. It also notes the Government’s information that the Protection of Children and Prevention of Sexual Offences (Scotland) Act, 2005, has been adopted. This Act introduces a range of new offences, including: paying for the sexual services of children (section 9); causing or inciting children to provide sexual services or child pornography (section 10); controlling children providing sexual services or involved in pornography (section 11); arranging or facilitating the provision by children of sexual services or child pornography (section 12). The Committee observes that sections 9, 10, 11 and 12 are structured like sections 48, 49 and 50 of the Sexual Offences Act, 2003, to the extent that if B is under 18 years, A commits an offence only if he/she does not reasonably believe that B is aged 18 or over. The Committee observes that, according to the explanatory notes to the Sexual Offences Act, 2003, and the Sexual Offences (Scotland) Act, 2005, in cases where B is 13 or over, the Crown must prove that A did not reasonably believe that B was 18 or over. The Committee requests the Government to specify how the proof required by sections 48, 49 and 50 of the Sexual Offences Act, 2003, and sections 9, 10, 11 and 12 of the Sexual Offences (Scotland) Act, 2005, would work in practice. In this regard, it also requests the Government to provide information on any guidance issued for magistrates and the like on the subject.

Clause (c). Use, procuring or offering of a child for illicit activities. Causing or allowing children to be used for begging. The Committee had observed that, according to section 4(1) and (2) of the Children and Young Persons Act, 1933 (as amended by the Children Act, 1989), it is prohibited to cause or allow a person under 16 to be used for begging. It had noted that the Government did not intend to revise the definition of children to include all young persons up to age 18. It had requested the Government to explain why the lack of a prohibition on begging in respect of children between the ages of 16 and 18 is in compliance with Article 3(c) read with Article 2 of the Convention. The Committee notes the Government’s information that, while causing or allowing persons under 16 years to be used for begging is a criminal offence, begging itself is not illegal and neither is using a consenting party to help begging. Moreover, statute and common law provide that at 16 years of age children may give their consent for different acts. For these reasons, it is not considered appropriate to extend the offence to include all children under 18 years. Otherwise, the Government recognizes that, if a person coerces a 16- or 17-year-old to assist him/her in begging, this could involve various forms of offences. For example, if the coercion took the form of threats of physical harm, it would constitute “assault” under the common law.

Article 5. Monitoring mechanisms. 1. United Kingdom Tripartite Group on the Monitoring of ILO Convention No. 182. The Committee had previously noted that the first tripartite meeting of the United Kingdom Tripartite Group on the Monitoring of ILO Convention No. 182 was held in May 2003. Participants included officials from various government departments as well as representatives from the TUC and CBI. The Committee takes note of the minutes of the meetings of the Tripartite Group of 30 June 2005; 23 August 2005; 3 October 2005; 30 November 2006, supplied by the Government. It notes the Government’s statement that the meetings of the Tripartite Group have provided the opportunity for the social partners to discuss current policy directions and implementation directly with government policy experts, on issues such as child trafficking and the commercial sexual exploitation of children.

2. Health and Safety Executive (HSE). The Committee notes the Government’s information that the HSE contributed to the European Week of 2006 dedicated to the occupational safety and health of young people. It worked in partnership with the Institute of Occupational Safety and Health, the TUC, Learning and Skills Council, the Manufacturers’ Organization and the British Safety Council. The purpose of the partnership was to raise awareness on the occupational safety and health of young persons and included the joint production of guidance on a basic hazard awareness course.

3. Local Safeguarding Children Boards (LSCB) and other agencies safeguarding the welfare of children. The Committee notes the Government’s information that the LSCB were established in April 2006 with the role of coordinating work to safeguard children from commercial sexual exploitation in each local area.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Project Reflex. In its previous comments, the Committee had noted that the Government initiated “Project Reflex” which is a practical multi-agency task force on organized immigration crime which includes trafficking. The Committee notes the Government’s information that Project Reflex has driven forward successful, coordinated action to disrupt organized criminal gangs. In 2004–05, there were 149 disruptions of criminal activity and 1,456 arrests. The Committee further notes the Government’s information that Operation Pentameter – a multi-agency national operation aimed at tackling trafficking for purposes of sexual exploitation – ran from 21 February to 31 May 2006. The operation involved 55 police forces. Some 515 operations were conducted, 232 people arrested and 84 potential victims identified, 12 of whom were said to be minors. The Committee also notes the Government’s information that arising out of the Reflex Programme were the operation “Paladin Child” and the establishment of minors’ teams at Heathrow Airport.

2. Child trafficking. The Committee notes with interest that the Government has adopted a number of measures aimed at combating trafficking, including child trafficking: (a) launching of the United Kingdom Action Plan on Tackling Human Trafficking (23 March 2007), which focuses on four key areas: prevention, enforcement and prosecution, victim support, and child trafficking; (b) launching of the New Human Trafficking Centre (UKHTC, October 2006), in charge of developing and coordinating enforcement action in the United Kingdom; (c) launching of the new specialist Metropolitan Police Trafficking Team (March 2007), which will work with the UKHTC and NGOs in providing investigation and enforcement activity; (d) establishment of the Child Trafficking Steering Group to raise police awareness and combat child trafficking; (e) awareness-raising campaigns in cooperation with airline liaison officers on the vulnerability of children travelling into the United Kingdom and on risks presented to those children.

3. Child commercial sexual exploitation. The Committee notes with interest that the Government has adopted the following measures aimed at combating the commercial sexual exploitation of children: (a) publication of the “Coordination Prostitution Strategy” (January 2006), which focuses on preventing and combating all forms of commercial sexual exploitation; (b) establishment in April 2006 of the Child Exploitation and Online Protection Centre (CEOP), aimed at tackling every kind of online child sex abuses; (c) issue by the Home Office Task Force on Child Protection on the Internet (TFCPI) of a good practice guidance for search providers and for moderation services; (d) Home Office campaign (January–April 2006) aimed at advising 11–14 year-old children to advise them against giving personal information online to strangers.

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. Child victims of trafficking. The Committee notes the TUC’s statement that it welcomes the introduction of the new offence of trafficking for labour exploitation in the Asylum and Immigration (Treatment of Claimants) Act of 2004, as well as the introduction in the Sexual Offences Act of 2003 of a range of offences covering the commercial sexual exploitation of children, including trafficking for purposes of sexual exploitation. However, the conflation of immigration and asylum issues with trafficking may weaken effective protection of trafficked children by increasing the likelihood of their deportation rather than their protection. Moreover, the TUC points out that the legislative framework for the identification and protection of trafficking victims is weak.

The Committee notes the Government’s information that the United Kingdom Action Plan on Tackling Human Trafficking has a clear victim-centred approach. Central to the victim care and protection elements will be the role played by the LSCB in protecting child victims of trafficking. Moreover, the Home Office, the Department for Children, School and Family (DCSF), the Department of Health, local authorities, and local NGOs are working together to ensure protection to children trafficked who may have been traumatized and physically harmed by their experience. A child trafficking telephone line will be in place by October 2007 and will provide information to social workers, police and immigration officers coming into contact with children they believe may be victims of trafficking. The Government recognizes the importance of specifically identifying and safeguarding unaccompanied asylum-seeking children who may be trafficked. Appropriate safeguards for these children will include the availability of safe and secure accommodation to ensure that they do not fall into the hands of the traffickers again. Adequate reception arrangements in the country of origin must be in place before any child is returned. The interests of many separated children are best served by reunion with their families overseas, but any risk of re-trafficking needs to be considered carefully before a decision is made. In this regard, the Home Office is committed to ensuring that decisions on asylum claims are made by specially trained staff who work closely with social workers and children’s legal representatives. The Immigration service will only facilitate children’s return to their country of origin if it is safe to do so and appropriate reception and care arrangements exist in that country. The Committee requests the Government to provide information on the number of children who have been removed from trafficking and rehabilitated pursuant to the implementation of the United Kingdom Action Plan on Tackling Human Trafficking.

Clause (d). Identifying and reaching out to children at special risk. 1. Children used in drug trafficking. The Committee had noted the Government’s indication that no specific guidance was produced to encourage police to proactively identify children involved in drug trafficking. It had also noted the Government’s indication that no measures were taken since it was not aware of any systematic use of children to traffic drugs into or from the United Kingdom.

The Committee notes that, in its allegations, the TUC refers to the findings of an in-depth 20-month investigation by a team of criminologists and drug experts from King’s College, London, according to which more young people are becoming runners and spotters for dealers. Adult dealers increasingly enlist them as runners and lookouts because they believe their age makes them less likely to be caught.

The Committee notes that the Government provides statistical data on the offences committed in England, Wales and Scotland by children under 18 years involved in drug offences. However, the Government provides no data on the number of offences regarding the use of children under 18 years for drug trafficking. The Committee observes the Government’s statement that currently it has no plans to conduct a survey to assess the number of children used for drug trafficking. The Committee requests the Government to indicate the measures taken or envisaged to assess the number of children used for drug trafficking, in order for it to be able to adopt measures to protect children used in drug trafficking from the worst forms of child labour.

2. Commercial sexual exploitation of children. The Committee had previously noted the Government’s indication that the Home Office Crime Reduction Programme was funding four projects concerning children and young persons who were either at risk of being, or actively engaged in, sex work and sexual exploitation. It notes the Government’s information that a summary of the evaluation of these projects was published in the document: “Tackling street prostitution: towards an holistic approach Home Office research study” (2004). The findings of the evaluation contributed to the development of the Government’s “Coordination Prostitution Strategy”.

3. Missing children and street children. The Committee had previously noted that, according to the National Plan for Safeguarding Children from Commercial Sexual Exploitation (NPA against CSEC), appropriate responses to the needs of the particularly vulnerable groups, including children who go missing, should be identified.

It notes the TUC’s allegation that a recent Children’s Society report, published in October 2005, suggested that each year in Britain there were 100,000 runaway children aged between 14 and 16 years (12,000 in London) who were extremely vulnerable. Many of them lived on the street. This survey suggested that one in ten had subsequently begged, stolen, or had become involved in drugs or prostitution, and one in 12 said they were hurt or harmed while away from home.

The Committee notes the Government’s information that not all children who go missing from care or from home end up on the streets, but many do. For this purpose, guidance entitled “The management, recording and investigation of missing persons” was produced by CENTREX on behalf of the Association of Police Officers. Moreover, the document “Children missing from care and home – a guide to good practice” has been published following the Social Exclusion Unit’s report “Young Runaways”. This is statutory guidance which must be followed by local authorities. Furthermore, there is a multi-agency effort to tackle the problem of accompanied and unaccompanied Romanian and Bulgarian Roma children involved in petty crime, including theft and pickpocketing, controlled by organized criminal gangs. The Committee notes the Government’s information that a problem-solving approach to collection and analysis of information should be developed through multi-agency partnerships between the police and organizations that run care homes. The Committee requests the Government to provide information on any development made towards a problem-solving approach on collection and analysis of information regarding street children.

4. Refugees and asylum-seeking children. The Committee had previously noted that, according to the NPA against CSEC, appropriate responses to the needs of refugee and asylum-seeking children, amongst others, should be identified. It notes with interest that the Government has taken a number of measures aimed at preventing unaccompanied asylum-seeking children (UASC) from being trafficked, as well as measures aimed at caring and supporting them while they are in the United Kingdom. In March 2007, in particular, the Government set out, in a consultation paper, proposals for a UASC reform programme. This programme aims at improving the way the young persons are supported and cared for, and the ways in which their asylum claims are dealt with.

Article 8. Elimination of poverty. Following its previous comments, the Committee notes the Government’s information that the Department for International Development (DFID) programmes have made a significant impact in reducing income poverty and increasing school attendance. In this regard, it is estimated that each year DFID helps to reduce permanently the number of people living in poverty by 3 million and provides bilateral support to education programmes in over 30 developing countries. Particularly, DFID has contributed: in Viet Nam, to halve poverty in 14 years and helping to enable net enrolment of 94.6 per cent of children in primary schools; in Bangladesh, to build 14,000 new classrooms and recruit 12,000 teachers; in Mozambique, to reduce poverty from 70 per cent to 55 per cent between 2000 and 2005, and to double the number of children in schools.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the TUC’s indications that there were no accurate and reliable data in existence within the United Kingdom regarding the trafficking of children, the number of children involved in prostitution or in hazardous occupations in the United Kingdom. It had also noted the Government’s indication that it was giving consideration to the possibility of collecting data on trafficked children, child prostitutes, and other children involved in the worst forms of child labour. The Committee notes the Government’s information that in the first half of 2007, the Home Office and the Border and Immigration Agency worked with the CEOP on an intelligence gathering project to improve knowledge of the scope of child trafficking into and within the United Kingdom. It notes that the CEOP’s report, entitled “A scoping project on child trafficking in the United Kingdom” (June 2007), represents the first phase of a more in-depth study or “strategic threat assessment”. The CEOP’s report points out that there are no centrally held data on trafficking in the United Kingdom, but data collection is one of the actions contained in the United Kingdom Action Plan on Tackling Human Trafficking. This report indicates that the “research team” (composed of the relevant officers) identified 330 cases of children under 18 years fitting the profile used to identify victims of trafficking. Of the 330 children fitting the profile, 85 per cent of whom were between 15 and 17 years, 70 were categorized as level 1 (low possibility of trafficking); 70 as level 2 (medium probability); 85 as level 3 (high probability); and 105 as level 4 (very high). Moreover, 44 source countries were identified in the study, including some in South-East Asia, Central Asia, South Asia, West Africa, Eastern Europe and the Baltic States. The Committee notes the Government’s information that, separately, steps have been put into place to improve the recording and retention of data of children entering the country. New rules on child visas were introduced in February 2006 to ensure the identities of children and that of those travelling with them are verified and approved by their parents and guardians. It also notes the Government’s information that, in 2007, the Home Office published a literature review of all published information available concerning trafficking for the purposes of labour exploitation. The Committee encourages the Government to pursue its efforts in improving the collection of data on children involved in the worst forms of child labour, especially in trafficking, commercial sexual exploitation and drug trafficking.

The Committee notes the comprehensive data provided by the Government regarding convictions in England, Wales and Scotland, for the offences regarding child trafficking and child commercial sexual exploitation. Particularly, it notes that there have been over 69 convictions for the offence of trafficking for sexual exploitation under the new provisions of the Sexual Offences Act of 2003, resulting in sentences of up to 21 years’ imprisonment. Moreover, in England and Wales there have been 1,463 persons prosecuted in 2003, 1,097 in 2004, 1,101 in 2005, for the offences related to child pornography. In England and Wales, 124 offences have been recorded between 2005 and 2006, and 101 offences between 2006 and 2007, regarding the commercial sexual exploitation of children (for prostitution and pornography). Five offences regarding grooming of children for sexual offences have been recorded in the Scottish courts between 2005 and 2006. The Committee requests the Government to continue providing information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied regarding the involvement of children in the worst forms of child labour.