Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes due note of the detailed information provided by the Government in its report. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering a child for prostitution. The Committee had previously noted that section 235(3) of the Criminal Code provides for a higher penalty for the offence of procurement committed against a minor. It had requested the Government to indicate the definition of the term “minor”. The Committee notes the Government’s information that from the legal point of view, the terms “child” and “minor” are synonymous and interchangeable and are defined as “a human being below the age of 18 years”, according to section 4 of Law No. 272/2004 on the protection and promotion of children’s rights.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s information that, according to Law No. 143/2000 on preventing and combating the use and trafficking of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee once again requests the Government to supply a copy of Law No. 143/2000, and the amendments made to it by Law No. 169/2002.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. Following its previous comments, the Committee notes the Government’s information that a draft Government Decision on the Hazardous Work for Children has been finalized and currently in the process of endorsement. This draft decision contains a list of hazardous works that are harmful for the health, safety and morals of children. Moreover, the Committee notes with interest that the Government has adopted Order No. 753/2006 which now provides protection to young persons under 18 years from work likely to harm their safety, physical, mental or moral health, or social development. It also notes that, according to section 8(2) of the above Order, young persons shall be prohibited from work which is beyond their physical or psychological capacity; work involving harmful exposure to toxic, carcinogenic and harmful agents; work involving exposure to radiation; work involving risk of accidents; work exposed to extreme cold or heat, noise or vibration; and finally provides a list of work and processes, which are likely to entail specific risks for young people.

Article 5. Monitoring mechanisms. 1. National Authority for Protection of Child’s Rights. The National Authority for Protection of Child’s Rights (NAPCR) as a specialized body of the public central administration, subordinated to the Ministry of Labour, Family and Equal Opportunities, is invested with the mission to implement the national action plans approved by the Government and to coordinate, control and monitor the entire activity regarding the protection and promotion of children’s rights, including the sexual exploitation of children, sale and trafficking of children, use of children in the trafficking of drugs, etc. Within the framework of the Programmes of National Interest in the field of Promotion and Protection of Child Rights, the NAPCR initiated two projects to monitor the workplaces, educational institutions and risk areas for child exploitation. They are: Strengthening the Child Labour Monitoring System in Romania; and Strengthening the institutional capacity of the Child Labour Specialized Unit to combat the worst forms of child labour in Romania. Besides, the NAPCR elaborated a Framework methodology for prevention and network intervention in cases of child labour exploitation and trafficking. According to the data collected by the NAPCR, in 2006, 209 child victims were registered (155 labour exploited, including begging; 29 sexually exploited; and 14 children for committing offences), out of which 65 children were repatriated as unaccompanied minors and 144 children were victims of internal trafficking. In the first trimester of 2007, 129 cases of child labour exploitation and 278 cases of sexual exploitation of children were registered.

2. National Agency against Trafficking in Persons. The National Agency against Trafficking in Persons (NATP) established by GD No. 1058/2005 and which works in collaboration with the NAPCR established national coordination departments for preventing and combating trafficking in children. The main functions of the NATP include coordination, assessment and preventative activities related to trafficking in persons and monitoring assistance for victims of trafficking. The NATP has established 15 regional centres for the coordination of the activities in the field of trafficking in persons. The Committee also notes that, according to the data collected by the NAPCR, in 2006 the NATP registered 316 child victims of trafficking, out of whom 272 were girls between the ages of 14 and 17 years.

3. General Inspectorate of Romanian Police. The Committee notes the Government’s information that the General Inspectorate of Romanian Police (GIRP) was part of a working group comprising the National Anti-drugs Agency; Ministry of Health; Trade Union Confederations, etc., which elaborated a mechanism of monitoring the cases of exploitation of children. During April–May 2007, the GIRP elaborated a manual on police action to be taken in cases of disappeared children, and child victims of trafficking and pornography. The Committee notes the Government’s information on the statistics regarding trafficking provided by the Ministry of Interior. According to this data, the General Frontier Police registered a total of 1,000 repatriated children at risk, located in the territory of other countries. The General Directorate for Combating Organized Crime registered 366 children who are victims of trafficking, out of which 22 children were under the age of 14 years.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for Preventing and Combating Trafficking in Children for 2004–07. The Committee notes the Government’s information that the objectives of this Plan were accomplished mainly through the national interest programmes initiated and coordinated by the NAPCR. These programmes were implemented in 23 counties from 2005–06. The main outcomes of these programmes include the following: national coordination structures were created and strengthened; the national network of specialized services for emergency protection and assistance of repatriated unaccompanied children and child victims of trafficking was created and consists of 12 centres; awareness-raising activities were carried out for the public regarding trafficking in children and existing risks involved; minimum mandatory standards were created for transit centres; administrative measures were implemented to secure control at state frontiers/borders such as improving frontier check up, registering the children crossing the border, training frontier police to identify children suspected of being victims of trafficking, and to offer emergency support and refer them to the child protection system. It also notes the Government’s information that about 3,220 children and their families were provided with protection and emergency assistance within the 12 transit centres in 2005, out of whom 55 repatriated children were provided with direct support services, 2,720 children provided with prevention services on the risk of illegal migration, trafficking and exploitation, and 445 children in difficulty in the territory of other countries were provided services with a view to their repatriation. The Committee further notes the Government’s information that under this Plan of Action, a total of 2,514 child victims of trafficking (1,636 for sexual exploitation, 613 for labour exploitation, 240 for begging, and 25 for other types) were identified in 2006.

2. National Action Plan for Preventing and Combating Child Labour Exploitation 2005–06. Under this Action Plan, four intersectoral county teams for preventing and combating child labour exploitation in Bistrita Nasaud, Mures, Vrancea and Alba counties, eight specialized services for the children exploited through labour, and five centres for preventing child labour exploitation were established. The Committee notes the Government’s indication that approximately 200 children exploited through labour benefited from the services provided by the these centres and about 185 children were withdrawn from the worst forms of child labour.

3. National Strategy against Trafficking in Persons 2006–10. The Committee notes with interest the Government’s indication that it approved, by Decision No. 1654/2006, the elaboration of the National Strategy against Trafficking in Persons for the period 2006–10 in order to complete the provisions of the National Action Plan for Preventing and Combating Trafficking in Children. In the elaboration process, the provisions of the European Council Convention on the Combat against Trafficking in Human Beings, signed at Warsaw, and the European Union plan on the best practices, standards and procedures for combating and preventing trafficking in human beings were taken into consideration. The Committee requests the Government to provide information on the impact of this National Strategy against Trafficking in Persons on preventing and combating trafficking in children under 18 years.

Article 7, paragraph 2. Effective and time-bound measures. ILO/IPEC programmes in Romania. The Committee notes that the implementation of the ILO/IPEC programme in Romania started in 2000 and includes three phases: Phase I – National Programme 2000–04; Phase II – Regional Programme (PROTECT–CEE), 2004–07; and Phase III – Regional Programme 2007–09. It further notes with interest that, by the end of Phase I, a total of 1,881 children benefited from the programmes implemented, out of which 624 children were withdrawn from work (243 girls and 381 boys) and 1,257 children prevented from entering into work (599 girls and 658 boys). Moreover, 2,000 children received services indirectly either as members of the households targeted by action programmes or from the institutions or groups addressing child labour, and 753 families received support services including legal advice, counselling, vocational or skills training, income-generating activities, etc. It also notes the key outcomes of the projects carried out in Phase II (though most of the projects have been extended until the end of 2007): a total number of 1,338 children (617 girls and 721 boys) and 69 families had directly benefited from the projects, out of which 229 children (94 boys and 135 girls) were withdrawn and 1,109 children (627 boys and 482 girls) prevented from the worst forms of child labour, including trafficking; and a total of 350,709 children were estimated to have benefited indirectly.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Within PROTECT–CEE Regional Programme, Phase II, of the
ILO/IPEC programme, several programmes were implemented to reduce the vulnerability of children to trafficking by promoting educational activities and employment, and providing vocational training and access to the labour market for children and youth from marginalized communities. The programmes include: youth centres for reduced vulnerability to trafficking and for reinsertion of child victims of trafficking in Bucharest, Iasi, Botosani and Giurgiu (488 children prevented from becoming victims of trafficking; 70 children informed about child trafficking; 65 children withdrawn from trafficking and 97 children at risk benefited from non-formal education); creation of employment opportunities for children and youths in Bucharest, vulnerable to trafficking and for adults within their families (100 children and youths in technical and vocational schools provided employment); Support employment of youths and adults in marginalized communities in Iasi and Botosani, especially Roma (120 children vulnerable to trafficking and 30 adult members of the families of children vulnerable to trafficking benefited from training and career guidance programmes).

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 information provided by the Government regarding the programmes for providing assistance to the child victims of trafficking implemented within the ILO/IPEC programme. These programmes included:

(a)   improvement of the services offered to child victims of trafficking in Bucharest, Giurgiu, Iasi and Botosani (under this programme, 200 children (75 boys and 125 girls aged between 15 and 18 years) were withdrawn from internal and international trafficking and provided psychological and social counselling and vocational training);

(b)   strengthening the institutional capacity of the Child Labour Specialized Unit within the NAPCR to combat the worst forms of child labour, including trafficking in children; and

(c)   22 other micro-projects complementary to the abovementioned projects were also implemented. Within these micro-projects, a manual for psychosocial counselling and school reintegration for child victims of trafficking, and a manual for education and vocational counselling to reduce the vulnerability to trafficking of children from marginalized communities were developed.

The Committee also notes the Government’s information that within the social assistance and child protection services, initiated by the NAPCR and managed by the local public administration authorities, there are, at present, 51 emergency protection and assistance centres for child victims of sexual exploitation and internal trafficking; 22 specialized services for rehabilitation and social reintegration; and 12 transit centres for the protection and assistance of repatriated children in difficulty and child victims of trafficking. The Committee requests the Government to continue providing information on the number of children removed from trafficking and rehabilitated.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously requested the Government to provide further information on Law No. 268/13 of June 2003, according to which the compulsory education had been extended from eight to ten years. The Committee once again requests the Government to supply a copy of Law No. 268/2003.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes the Government’s information that the PHARE multi-annual programmes, aimed at improving access of children of disadvantaged groups to education, focuses on creating a resource centre, in every county for implementing the principles of inclusive education, and creating an environment in order that all children can be taught and educated, irrespective of the child’s cultural or socio-economical origin, maternal language or ethnic affiliation; and ensuring a second chance for children who did not finish their primary education. The Committee also notes the Government’s information that Romania is a member of Roma Inclusion Decennium (2005–15), an international initiation by the nine governments of Central and Eastern Europe, international organizations, and representatives of Roma civil society. This initiative aims to reduce the existing socio-economic gaps between Roma minority and the rest of the society, in ten years’ time. The Committee requests the Government to provide information on the impact of the PHARE programme and the Roma Inclusion Decennium in protecting Roma children from the worst forms of child labour.

Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the Government’s information that the agreement between Romania and Spain on cooperation in the field of protection of unaccompanied minors in Spain and their repatriation as signed on 15 December 2005, in Madrid and ratified by Law No. 294/2004 (published in Official Gazette No. 598/2006). This cooperation facilitates the data and information exchange in relation to the Romanian unaccompanied minor at risk in Spain, for which purpose a monitoring committee comprising of the officials from both the countries, will be established. The Committee also notes the Government’s information that the agreement with France on the protection and repatriation of unaccompanied Romanian children has been renewed and signed on 1 February 2007, in Bucharest, but is awaiting the approval through Government Decision. It further notes that the Romanian and Italian Governments are continuing the negotiation procedures for signing a bilateral agreement.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information on the number of labour and sexual exploitation cases involving children recorded by the general directorates of social assistance and child protection, and the labour inspection results. It notes that during the period from 1 January 2006 to 30 April 2007, a total of 106,421 inspections were carried out, 224 cases of illegal employment of children between the ages of 15 and 18 years were identified, and penalties of a total amount of 382,000 RON were imposed on 229 employers for illegally employing children. The Committee also notes the criminal prosecutions conducted against the perpetrators of child prostitution, trafficking, pornography and beggary. According to the data provided by the Government, in 2006, 22 cases related to the offence of pimping committed towards a minor (section 139 of the Criminal Code) were registered and during the first four months of 2007, 18 cases were registered for which legal proceedings are under way. The number of cases registered relating to the trafficking of children (section 13 of Law No. 678/2001) were 343, in 2006, and 128 cases during the first four months of 2007; for the offences of child pornography, 11 cases in 2006, and six cases during the first four months of 2007; and for the offence of using minors for begging, 25 cases in 2006 and two cases during the first four months of 2007. It also notes that in 2006, 187 persons were convicted for the offence of trafficking in persons; and 65 persons were convicted during the first trimester of 2007. Most of the punishments ranged from one to ten years’ of imprisonment. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data 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 penalties applied.