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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kazakhstan (Ratification: 2003)

Other comments on C182

Observation

Direct Request

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Article 5 of the Convention. Monitoring mechanisms. 1. Trafficking. The Committee previously noted the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that the openness of the Kazakhstani borders and inadequate immigration legislation results in the uncontrolled entry of children into Kazakhstan. However, the Committee noted that only six persons had been prosecuted for trafficking in children pursuant to section 133 of the Criminal Code.

The Committee notes the Government’s statement that the Ministry of Internal Affairs carries out measures to detect, prevent and suppress cases of trafficking in persons and related crimes, including the trafficking of minors. The Government indicates that it implements an operational and preventive measure entitled “Stop Trafficking” four times a year, in order to identify and uncover crimes connected with trafficking in persons. The Government also indicates that in 2010, criminal proceedings related to the trafficking of minors were brought in 17 cases by the anti-trafficking department, and 14 such cases in 2011. The Committee observes that the Human Rights Committee, in its concluding observations of 19 August 2011, noted the Government’s efforts to combat trafficking in human beings, including the establishment of the Interdepartmental Commission against human trafficking, but also expressed regret at the increase in the number of reported crimes related to trafficking in human beings (CCPR/C/KAZ/CO/1 paragraph 16). The Committee further notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 June 2010, expressed deep concern that trafficking in women and children remained a serious problem despite efforts undertaken by the Government (E/C.12/KAZ/CO/1, paragraph 26). The Committee therefore urges the Government to take immediate measures to prevent and combat the sale and trafficking of persons under 18 years of age. In this regard, the Committee requests the Government to strengthen the relevant monitoring mechanisms, including border control, and to ensure the effective prosecution of those responsible for trafficking in children. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved, particularly with respect to the number of child victims of trafficking identified as well as the number of investigations, prosecutions, convictions and penalties imposed.

2. Labour inspection. The Committee previously noted the information from the ILO–IPEC that the National Child Labour Monitoring Mechanism had been drafted and submitted to partners for discussion, and that a round table on this matter was scheduled for autumn 2009. The Committee requested the Government to provide information on developments in this regard.

The Committee notes the information in the Government’s report that a guide on child labour monitoring was drafted with the ILO–IPEC assistance and submitted to the Ministry of Labour and Social Welfare. The Government indicates that this guide will help to coordinate the efforts of all governmental and non-governmental agencies concerned with addressing children’s involvement in work, including identifying children engaged in hazardous work. The Committee requests the Government to pursue its efforts to develop a guide on monitoring child labour, including in hazardous work. It requests the Government to continue to supply information on progress made in this regard, including the development of a child labour monitoring mechanism.

Article 7(1) and Part III of the report form. Penalties and court decisions. Commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also noted the Government’s statement that punishment for the exploitation of minors is very rarely administered.

The Committee notes the Government’s indication that an Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child was passed on 23 November 2010, and that this Act introduces criminal liability for trading pornographic images of minors and for the involvement of minors in performances of a pornographic nature. The Committee also notes the information in the Government’s report that in 2010, 22 female minors were identified as being forced to perform sexual services, and 14 such minors in 2011. However, the Committee notes an absence of information on the number of prosecutions, convictions or penalties applied related to these cases. In this regard, the Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of penal sanctions. The Committee requests the Government to provide, in its next report, information on the application of the relevant prohibitions of the involvement of children in commercial sexual exploitation, including the number of violations detected, prosecutions, convictions and penalties applied. It also requests the Government to provide a copy of the Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child of 2010, with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the 2009 information from UNESCO indicating that there was a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level. The Committee also noted that the “Road to School” action programme began in 2008 to provide support for children from low-income families in attending school.

The Committee notes the information in the Government’s report that during the “Road to School” campaign, held in 2010 and 2011 to encourage children to enrol in school, 150 children from poor families were provided with school materials. The Committee also notes the Government’s statement that the issue of the provision of secondary school education to the children of seasonal workers remains open, in view of the restrictions laid down in the Rules on the Provision of Pre-school, Elementary, Basic and General Secondary Education to Foreigners and Stateless Persons Permanently Residing in Kazakhstan. In this regard, the Committee notes the information from the ILO–IPEC, in a report of February 2011, that these Rules, while granting the right to attend school to children of foreign citizenship and stateless persons (such as refugees), limits school attendance for children of seasonal labour migrants. The ILO–IPEC indicates that this limitation on school attendance is likely to increase child labour. However, the Committee notes the Government’s indication that during a round table on the topic “Working conditions of persons employed in agricultural work”, organized by the Ministry of Labour and Social Welfare and the Kazakhstan Manufacturers and Exporters Union in Astana in October 2011, measures were discussed regarding how to provide children of migrant workers with access to secondary school. Nonetheless, the Committee notes that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers on tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27). Recalling that access to education contributes to preventing the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that all children, including children of migrant workers, have access to free basic education. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the Government’s statement that there were a number of reception centres for children who are the victims of trafficking and that crisis centres, run by the Department of Internal Affairs, provided legal and psychological help to child victims of trafficking.

The Committee notes the Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 3 November 2009, that there is an urgent need to rehabilitate victims of human trafficking, including through special crisis centres. The Government indicates in this report that funding has been earmarked for this purpose, and that it is working with NGOs to create crisis centres to temporarily house and rehabilitate victims of human trafficking (A/HRC/WG.6/7/KAZ/1, paragraph 92). The Committee urges the Government to pursue its efforts to provide for the removal, rehabilitation and social integration of child victims of trafficking. In this regard, it requests the Government to provide information on the number of child victims under 18 who have received services in shelters and children’s centres, or who have benefited from other appropriate services for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children and children engaged in begging. The Committee previously noted that the CRC, in its concluding observations of 8 June 2007, expressed its deep concern that adequate efforts had not been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61). The Committee also noted the Government’s indication that the programme, “Children in the City at Night” began in 2007, aimed at identifying cases of child neglect, homelessness and exploitation of child labour, involving 18,000 representatives from law enforcement agencies, educational authorities, child rights agencies, representatives from the media and NGOs.

The Committee notes the Government’s statement that the implementation of the “Children in the City at Night” programme continued and that over 10,000 checks were carried out through this programme, including at locations frequented by children and adolescents engaged in vagrancy and begging. The Government indicates that 122 cases of exploitation of child labour were identified. The Committee also notes that, according to the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 30 November 2009, homeless children in the country are prey to potential traffickers (A/HRC/WG.6/7/KAZ/2, paragraph 18). Recalling that street children are particularly vulnerable to the worst forms of child labour, including trafficking and begging, the Committee urges the Government to strengthen its efforts to identify and reach out to these children. It requests the Government to continue to provide information on the effective and time-bound measures taken to protect such children from the worst forms of child labour, including the number of street children who have benefited from initiatives taken in this regard.