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

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

Article 3, Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the 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 reminds the Government that, by virtue of Article 3(c) 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. Therefore, the Committee once again requests the Government to indicate the measures adopted or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

Article 3(d). Hazardous work. Self-employed workers. Noting the provisions of section 8 of the Labour Act (section 13(1) of the consolidated text), which states that “employment commences by a labour contract”, the Committee had previously requested the Government to provide information on the measures taken to ensure that self-employed children under 18 years of age also benefit from the protection laid down in the Labour Act. The Committee notes that there is no information in the Government’s report on this point. The Committee recalls that the Convention applies not only to work done under an employment contract, but to all types of work or employment. The Committee once again requests the Government to indicate in its next report any measures taken or envisaged to ensure that self-employed children under 18 years of age are protected against the types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously asked the Government to indicate the measures taken or envisaged to identify where the types of hazardous work exist, and to provide information on the findings. The Committee notes that there is no information in the Government’s report. It reminds the Government that, under Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of the workers and employers concerned, shall identify where the types of work determined as hazardous exist. The Committee once again requests the Government to provide information on the measures adopted or envisaged to give effect to the Convention on this point.

Article 5. Monitoring mechanisms. 1. State inspectorate. The Committee notes the Government’s information that, according to section 17 of the Labour Law (section 24 of the consolidated text), if the labour inspector suspects that the job performed by a minor threatens that minor’s health or development, the inspector may require the employer at any time, to have an authorized physician examine the minor worker and to indicate whether the job performed by the minor is dangerous to the minor’s health or development. On the basis of that opinion, a labour inspector may prohibit a minor from performing that job. The Committee notes the Government’s information that, if the employer fails to abide by such an order, the inspector must refer the employer to a competent court and file charges.

The Committee notes the Government’s indication that during the period 2004, labour inspectors detected the following violations relating to minors: the labour inspector for protection in the workplace of the state inspectorate found that two male minor learners were injured in the manufacturing industry and three in civil engineering; and the labour inspector for employment relations established 29 cases of unlawful night work for minors (13 females and 16 males between the ages of 15 and 17 years) in the catering industry. In 2005, the following violations were detected: the labour inspector for employment relations established 107 cases of illegal night work (77 females and 30 males) in catering, retail trade, bakeries, service sectors and theatres, and also established one case of hazardous work by a minor of 17 and-a-half years old employed in construction works; and the labour inspectors for protection in the workplace detected violations relating to three minors. The Committee also notes the Government’s information that in respect of injured minor workers, the labour inspectors issued rulings forbidding minor apprentices from undertaking apprenticeship without immediate supervision from qualified persons, and requests for charges to be filed against the employers and responsible persons were made to the competent authorities. In all the other cases, apart from the charges made to the competent court against the employers and responsible persons, the labour inspectors adopted administrative measures requiring the employer to remove the minor workers from the workplace involving work at heights, from jobs with special conditions of work, and from doing night work. The Committee takes note of the Government’s information and requests the Government to continue providing information on the inspections carried out and on the number and nature of violations detected with regard to minors under the age of 18 years.

2. Children’s ombudsman. The Committee had previously noted that the Children’s Commissioner (Ombudsman) Law of 18 June 2003, established a children’s ombudsman who is responsible for the coordination, promotion and protection of the human rights of children, as well as monitoring the implementation of the regulations of children’s rights and looking into their infringements and violations. The Committee notes the Government’s information that the children’s ombudsman must submit a report every year to the Croatian Parliament concerning her/his work and submit a special report if there is a major violation of the rights and interests of children. Following its previous comments, the Committee notes the Government’s information that, during the period between 2003 and 31 December 2005, the Office of the Children’s Ombudsman acted in a total of 940 individual cases of infringement of the rights of children, covering 1,667 children. The Committee encourages the Government to continue to provide information on the findings of the children’s ombudsman with regard to children under 18 years of age involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan for the Prevention of Trafficking of Children of 2005. The Committee notes that the Government, on 20 September 2005, adopted a National Plan for the Prevention of Trafficking of Children, which provided for the adoption of a protocol for the procedure to deal with child victims of trafficking and a protocol for exchange of information with international bodies in cases of human trafficking; the adoption of manuals for police officers and experts for the identification of at-risk situations and for the identification of child victims; the establishment of a database concerning child victims of trafficking and the judicial proceedings related to individual cases; the provision of appropriate shelter for child victims of trafficking, and ensuring their rights to health and education and on undertaking a public campaign targeted at children vulnerable to trafficking. The Committee requests the Government to provide information on the implementation of this programme and the results achieved.

2. National plan for the rights, interests and well-being of children, 2006. The Committee notes the Government’s information that, in March 2006, the national plan for the well-being, rights and interests of children for 2006-12 was adopted. The objectives of the national plan are the prevention of trafficking in children; the provision of help, protection and safety to child victims of trafficking; the provision of free legal assistance to child victims of trafficking; and the undertaking of investigations in order to estimate the nature and spread of this problem and to provide adequate resources for this area. The Committee requests the Government to provide information on the impact of this national plan of action on eliminating the worst forms of child labour.

Article 7, paragraph 2. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Roma children. The Committee had previously noted that the primary education is free and compulsory for all children, and lasts for at least eight years, from 6 to 15 years. The Committee also noted that by virtue of section 43 of the Elementary Education Law, parents or guardians shall enrol their child before the prescribed deadline in primary education, and shall ensure that the child regularly attends classes. The Committee noted previously that the National Programme of Action for Children aims at ensuring 100 per cent enrolment for primary education, and at preventing and combating the dropping out of school. The Committee notes the Government’s indication that Roma children face serious obstacles in continuing their education due to lack of support from their families. An estimated 50 per cent of Roma children start off at elementary school, but there exists a big problem with dropouts, and of those who finish elementary education, only 10 per cent wish to go to secondary level. The Committee requests the Government to provide information on the concrete measures taken pursuant to the National Programme of Action for Children to ensure that all children, including Roma children, have access to free primary education. The Committee also requests the Government to indicate the measures adopted or envisaged to increase the number of Roma children participating in elementary education and to provide information on the results achieved. Finally, the Committee asks the Government to indicate why Roma children encounter a lack of support from their families in continuing their education.

2. Child victims of trafficking. The Committee notes the Government’s information that the Human Rights Office of the Republic of Croatia organized an international conference in October 2005 entitled “Let’s Stop Human Trafficking”, in which 140 conferees, including government representatives, international organizations, NGOs from the states of SEE and member states of the OESS that are active in the development of the system for combating trafficking, were involved. It was concluded that attention had to be directed primarily to particularly vulnerable groups of children such as children without proper parental guardianship, children with behavioural disorders and children without parental care and that attention should be devoted to child trafficking within the borders of the nation State. It was considered particularly vital to set up databases concerning child victims of trafficking for the sake of monitoring and promptly undertaking actions to combat this phenomenon, and that in all activities directed towards a child victim of trafficking the rights of the child guaranteed by international documents had to be respected. In particular it was necessary legislatively and professionally to strengthen the institution of the guardian and to appoint a guardian for every child victim of trafficking. The Committee requests the Government to provide information on the measures taken to address the situation of vulnerable groups of children, such as children without proper parental care or guardianship, pursuant to the conclusion made at the international conference titled “Let’s Stop Human Trafficking”, as well as its effectiveness on combating the trafficking of children under 18.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. The Committee notes the Government’s information that the offence of begging, including inducing a child to beg or leading or carrying children while begging are offences punishable under the Offences against Peace and Order Law, the Criminal Code and the Family Law. The Committee notes the Government’s indication that, according to the data of the Ministry of Internal Affairs, for the period from January 2001 to December 2003, a total of 219 cases of the offence of begging by juveniles were reported and tried as misdemeanours, and there were 126 recorded cases of adults, mostly parents, who begged with their children. The Committee further notes the Government’s information, that the Ministry of Internal Affairs and the Ministry of Health Care and Welfare were asked to take urgent and active measures to detect and try offenders, particularly emphasizing the need for the instant withdrawal of children from these life- and health‑threatening circumstances and to ultimately put an end to the exposure of children to this kind of abuse. The Committee considers that child beggars are at special risk of being engaged in one of the worst forms of child labour. The Committee therefore requests the Government to provide information on the effective and time-bound measures taken to eliminate the exploitation of children through begging and thereby protecting them from the worst forms of child labour.

Part III of the report form. Following its previous comments, the Committee notes the Government’s information that, during 2004, the Supreme Court of the Republic of Croatia upheld four convictions for the enslavement and the transport of slaves, one conviction for the act of prostitution, 24 convictions for the crime of satisfying lust in front of a child or a juvenile, two convictions for the crime of procurement, 11 convictions for the crime of exploiting children and juveniles for pornography, and two convictions for the crime of acquainting children with pornography. The Committee encourages the Government to continue to supply information on court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. The Committee notes the statistics supplied by the Government concerning certain violations related to juveniles, in particular, unlawful juvenile labour including hazardous labour and night work by juveniles, child beggars, and on the convictions related to crimes of procurement, pornography and slavery against juveniles. The Committee requests the Government to continue to provide information, including extracts from inspection reports, studies and enquiries and statistical data on the nature and 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 penal sanctions applied.