Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that according to section 173(5) of the Criminal Code No. 110 of 1997, as amended, “whoever induces someone else to use a narcotic drug, or gives a person a narcotic drug so that he or another person may use it, shall be punished by imprisonment for three months to five years”. Section 173(6) further states that if the above criminal offence is committed against a child (persons below 14 years) or a juvenile (persons below 18 years), the punishment shall be imprisonment for one to ten years. The Committee requests the Government to provide information on the practical application of section 173(4) and (5) of the Criminal Code.

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 state that “employment commences by a labour contract”, the Committee had requested the Government to indicate 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 the Government’s indication that a new Labour Act No. 149/2009 has come into force from 1 January 2010 (new Labour Act). According to section 19 of the new Labour Act, a minor must not be employed in jobs which may threaten their safety, health, morals or development. Pursuant to this section, the Minister of Economy, Labour and Entrepreneurship and Minister of Health and Social Welfare issued the ordinance on jobs prohibited to minors and the ordinance on jobs that may be undertaken by minors subject to certain conditions. The Committee further notes the statistical information provided by the Government with regard to the violations on the employment of minors detected by the labour inspectorate. It notes that no cases relating to self-employed children in hazardous work were detected during the period 2008–2009.

Article 5. Monitoring mechanisms. 1. State inspectorate. Following its previous comments, the Committee notes the Government’s information that in 2008, the labour inspectors for labour relations identified 173 violations related to the employment of minors mainly with regard to overtime work (34 minors), night work (39 minors), working hours (ten minors), and hazardous work (one minor). Among these, 54 minors were found working as waiters/waitresses, 15 minors as sales assistants, and six minors as construction workers. In 2009, the labour inspectors identified 153 violations with regard to the employment of minors in the catering industry, commerce, tourism, construction, utility services, and trades and crafts services. The Committee notes the Government’s statement that the labour inspectors initiated misdemeanour proceedings against the employers and persons responsible for the above violations. It also notes the Government’s information that the labour inspectors issued decisions forbidding employers from employing minors in hazardous work, overtime and night work.

The Committee further notes the Government’s information that in 2008, the labour inspectors for occupational safety and health detected nine minors engaged in jobs requiring special conditions (construction work), and detected six minors who sustained injuries while working in the wood processing industry, railway carriage, metal industry and meat processing industry. In 2009, 132 minors were found working in contravention of the provisions requiring special working conditions.

2. Children’s Ombudsman. Following its previous comments, the Committee notes the Government’s information that the Office of the Children’s Ombudsman continues to monitor the state of affairs with regard to the protection of children from economic exploitation, within the framework of monitoring violations of children’s economic rights. It notes the Government’s statement that in 2009, the Office of the Children’s Ombudsman received a total of 75 complaints of violations of children’s economic rights, out of which 48 cases were related to the protection of children from economic exploitation and involvement in hazardous work, 20 cases were related to illegal work and others were individual complaints received from parents, citizens and representatives of various institutions.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Activities for the Rights and Interests of Children
2006–12. The Committee notes the Government’s information that within the framework of this National Plan of Activities for the Rights and Interests of Children (National Plan of 2006), special measures for child protection are laid down, including the effective prevention of child trafficking and assistance and protection to child victims of trafficking, and prosecution of perpetrators of criminal offences. It notes the Government’s information that the Ministry of Health and Social Welfare (MHSW) has appointed 21 county coordinators, representing the 21 centres of social welfare, who, along with 29 other health coordinators are given systematic training on the prevention of trafficking in human beings. The Government states that in 2009, the MHSW concluded a contract with the Croatian Red Cross to ensure the continued operation of the shelters for victims of trafficking, including the shelter for children (located in the city of Split) and provided funds for the operation of such shelters. The assistance provided in these shelters included accommodation, psychosocial, legal and medical assistance. The Committee requests the Government to provide information on the impact of the National Plan of 2006 in eliminating the worst forms of child labour, in particular the trafficking of children. It also requests the Government to indicate the number of child victims of trafficking under the age of 18 years who were provided assistance by the shelter in the city of Split.

Article 7(2). Clause (a). Preventing the engagement of children in the worst forms of child labour. Roma children. The Committee had previously noted the Government’s indication on the measures taken within the framework of the National Programme for the Roma to increase the school enrolment rates and decrease the school drop-out rates of Roma children. The Committee, noting that only 7 per cent of the Roma children went on to secondary school, of which only 3.5 per cent graduated from the secondary school, had expressed serious concern at the situation of Roma children who were at risk of being engaged in the worst forms of child labour. It had requested the Government to redouble its efforts to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community. The Committee notes that the Government has not provided any information on this point. The Committee notes that in its concluding observations, the Committee on the Elimination of all Forms of Racial Discrimination (CERD/C/HRV/CO/8 of 24 March 2009, paragraph 14) while expressing its appreciation for the measures adopted by the Government such as, the Action Plan for the Decade of Roma Inclusion and the National Roma Programme, expressed concern at the discrimination faced by Roma children in the field of education. The Committee therefore requests the Government to redouble its efforts to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. Following its previous comments, the Committee notes the Government’s information that the Office of the Children’s Ombudsman produced and published on its website a leaflet entitled “Protecting Child Beggars” in order to make the public aware of the fact that protection of these children is a joint responsibility of the government officials as well as the public in general. The Committee also notes the Government’s information that the Office of the Children’s Ombudsman, who receives complaints from citizens about children begging, notifies the police and requests their urgent intervention with the aim of offering appropriate protection to such children. According to the data of the Ministry of the Interior, in 2009, the police officers registered 70 cases of begging involving children, of which 32 were under the age of 14 years. The Government further states that the police instituted misdemeanour proceedings against the parents of these children on charges of inducement to begging or maltreatment and neglect. The Committee requests the Government to indicate the concrete measures taken to provide for the rehabilitation and social integration of children found begging, as well as the number of children who benefited from such measures.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information provided by the Government concerning violations related to juveniles, in particular unlawful juvenile labour, including hazardous work, night work and overtime work, and child beggars. The Committee requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, in particular the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. 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 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 Government’s information that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs shall be dealt with under section 117 of the Juvenile Courts Act. According to the Government, section 117 of the Juvenile Courts Act deals with criminal offences investigated by special police officers for juveniles, and provides that the prosecution of adult perpetrators of these criminal offences committed against children and minors will be tried by juvenile courts. The Committee notes, however, that the offences covered by section 117 of the Juvenile Courts Act do not include the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee also notes the Government’s information on the role of the police officials in suppressing and preventing drug abuse by children, but does not make any reference to the use of children for the production and trafficking of drugs. The Committee once again 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 requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and 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 requested the Government to indicate 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 the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age who are working without an employment relationship, such as self-employed children 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. In this respect, the Committee encourages the Government to adapt and strengthen the labour inspection services with regard to self-employed children or children working in the informal sector.

Article 5. Monitoring mechanisms. 1. State inspectorate. The Committee notes the Government’s statement that in 2006, the labour inspectors for labour relations carried out 48 inspections during which they discovered 130 violations relating to about 58 minors employed in activities such as catering and tourism, retail sales, bakery, construction and services. Among these, two of them were found working as waitress or chefs in nightclubs/disco clubs. The other illegalities detected in the employment of these minors were related to overtime work and night work. In 2007, the labour inspectors conducted 55 inspections during which they discovered 163 violations relating to the employment of about 84 minors. Among the 163 violations, three minors were found working in hazardous conditions (one in a bakery and two for plumbing jobs); three minors were engaged in firefighting activities; 13 children were found working in a nightclub/bar; and few other violations were related to overtime and night work. The Committee notes the Government’s statement that the labour inspectors initiated misdemeanour proceedings against the employers and persons responsible for the above violations. It also notes the Government’s information that the labour inspectors also issued decisions forbidding employers from giving overtime and night work to minors. For the year 2006, 31 such decisions were issued by the labour inspector and in 2007, 28 decisions were issued.

The Committee further notes the Government’s information that in 2006, the labour inspectors for occupational safety and health discovered two minors engaged in jobs requiring special conditions (electrical installation and kitchen work), and detected six minors who sustained injuries while working in a butchery, power plant, chemical laboratory, bakery and a garage. In 2007, the labour inspectors for occupational safety and health discovered seven violations of the provisions relating to the working conditions of minors, out of which four minor workers were found working as circular saw operators, one assembling shelves at over 3 metres high, one plumber, and one working in a bakery. The Committee requests the Government to continue providing information on the inspections carried out both by the labour inspectors for labour relations as well as for occupational safety and health 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 2008, 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 and national programmes on children’s rights and looking into their infringement and violations. The Committee notes the Government’s statement that pursuant to the provisions of section 12 of the Children’s Commissioner Law, all state administration bodies, local and regional self-government units, legal entities and natural persons have the obligation to provide to the Ombudsman for Children the accessibility and insight into all data, information and files concerned with the rights and protection of children. The Government also states that the labour inspectorate also complies with this provision and provides the Ombudsman with reports on their work. The Committee further notes that the Ombudsman for children is also monitoring the measures and activities of the competent bodies focused on suppressing trafficking in children. It finally notes the Government’s information that, in 2006, the Office of the Children’s Ombudsman acted in a total of 828 cases concerning the violations of children’s rights and received 11 reports on violations of children’s rights in the areas of catering and small businesses. The Committee encourages the Government to continue to provide information on the findings of the Children’s Ombudsman, in particular, 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 of Croatia’s Office for Human Rights (Office for Human Rights) is responsible for the implementation of the National Plan for the Prevention of Trafficking of Children of 2005 (National Plan of 2005). The Committee notes the Government’s information that according to the report of the Office for Human Rights, in 2006, the following steps were taken in terms of protecting children from trafficking within the National Plan of 2005:

(a)   A shelter, which was fully equipped and staffed by experts, was opened for child victims of trafficking. This shelter provided legal, psychological, medical, and social assistance to child victims of trafficking as well as their access to education.

(b)   County coordinators for implementing and coordinating activities in individual cases of trafficking in children were appointed. These coordinators were trained in carrying out tasks linked to preventing trafficking in people, particularly children.

(c)   The Ministry of Health and Social Welfare along with the Ministry of Interior provided immediate assistance and protection to each child who were identified as victims of trafficking.

(d)   A television promotional video aimed at suppressing trafficking in children was launched in 2006.

(e)   Training sessions to deal with child victims of trafficking were held for doctors, health workers, Ministry of Interior staff, students of the Judicial and Diplomatic academies, and representatives of the media and civil society organizations.

(f)    Seminars entitled “Protecting the victims of trafficking in people” were organized for the professional staff of social welfare centres.

(g)   Brochures and badges bearing the motto “Not for sale” were distributed to all high school students, and another brochure for pre-school students was also prepared.

The Committee also notes the Government’s information that discussions with the aim of raising awareness of the danger of trafficking in children, particularly within high risk groups, such as the Roma community were organized by the association on “Roma for Roma” in cooperation with the Office of the Ombudsman, the Office for Human Rights, the Office for Migration, and Social Work Study Centre. The Committee finally notes the Government’s information that according to the report of the Office for Human Rights, in 2006, 12 victims of trafficking in people were identified, of whom two were minors. The Committee requests the Government to continue providing information on the implementation of the National Plan of 2005 and its impact on the elimination of the worst forms of child labour, in particular the trafficking of children. It also asks the Government to indicate the number of child victims of trafficking under the age of 18 years who were rehabilitated and integrated by the shelter established for this purpose.

2. National Plan for the rights, interests and well-being of children,
2006–12. The Committee notes the Government’s information that the National Plan for the rights, interests and well-being of children, 2006 (National Plan of 2006), which contains 124 measures and activities in 15 areas provides for the systematic improvement of the situation of children’s rights and offers them the best protection of their interests as possible. It also notes the Government’s information that the objectives of this National Plan of 2006, among others, include the prevention and protection of children from all forms of abuse, including economic exploitation and hazardous work. The Committee also notes the Government’s information that the National Plan of 2006 provides for an obligation to draw up proposals to amend the legal regulations related to the employment of children by the end of 2008 with the aim of protecting children from economic exploitation and employment or work which is harmful to their health and development. 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. Roma children. Following its previous comments, the Committee notes the Government’s information that several measures to improve the status of Roma children’s education have been implemented in Croatia. The Government states that funds for the education of Roma children at all levels have been increased and that teachers who speak the Roma language have been recruited as classroom assistants in order to help Roma children integrate into the schools. The Committee notes the Government’s indication that the low level of knowledge among the Roma children and the lack of support from Roma parents are the main causes for the low enrolment and school drop-out rates among Roma children. In order to overcome these difficulties, the Government has undertaken the following measures for the primary and secondary education of Roma children within the National programme for the Roma:

(a)   organization of classes or teaching groups according to the knowledge-level of Roma children;

(b)   organization of extended school time or extra teaching for Roma children;

(c)   encouraging the inclusion of Roma children in extracurricular activities;

(d)   encouraging Roma children to enrol in secondary education by organizing preparation sessions for enrolment;

(e)   providing scholarships for Roma students; and

(f)    financing their accommodation during their education.

The Committee notes, however, the Government’s indication that in spite of the great efforts during the past few years to include Roma children in regular education, the problems are still huge. It also notes the Government’s statement that, while at the national level 85 per cent of primary school children go on to secondary school, this proportion among Roma children is only 7 per cent of which only 3.5 per cent graduate from secondary school. While noting the measures taken by the Government, the Committee expresses its serious concern at the low rate of Roma children attending school who run an increased risk of becoming engaged in the worst forms of child labour, particularly, child trafficking. The Committee therefore, requests the Government to redouble its efforts to increase the school enrolment rates and to reduce the school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. Following its previous comments, the Committee notes the Government’s information that the police plays an active role in preventing child begging and establishing the criminal responsibility of the parents of children found begging. The Committee notes the Government’s indication that in order to undertake measures for the protection of child beggars, in December 2006, the Office of the Ombudsman organized a meeting with the representatives of the Ministry of Interior, the Zagreb police department, the Ministry of Health and Social Welfare, the Centre of Social Welfare in Zagreb and the Zagreb Municipal Court. Another meeting on the topic “Protecting Child Beggars” was also organized in January 2007 on the premises of Koprivnica-Krizevci Police Department. The Committee further notes the statistical information provided by the Government which indicates that in 2006, a total of 19 cases of violations of section 213 (forcing a child or a minor to beg) of the Criminal Code was reported and, in 2007, nine cases were reported. The data further indicates that in 2006, the total number of children and minors found begging was 86, and in 2007 it was 48 children. The Committee requests the Government to provide information on the outcome of the meetings held by the Office of the Ombudsman to prevent child begging. It also requests the Government to indicate the concrete measures taken to provide for the rehabilitation and social integration of the children found begging in 2006 and 2007 as well as the number of children that benefited from such measures. Finally, it requests the Government to indicate the penalties imposed on persons found guilty of using or forcing these children to beg.

Part III of the report form. Court decisions. The Committee notes that while though the Government states that it has sent copies of decisions by municipal public prosecution offices and rulings issued by misdemeanour courts, no such documents have been supplied. The Committee requests the Government to provide information on court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistics supplied by the Government concerning violations related to juveniles, in particular, unlawful juvenile labour including hazardous work, night work and overtime work by juveniles, and child beggars. The Committee observes that these violations concern hazardous work only. The Committee requests the Government to provide information more specifically on children engaged in the worst forms of child labour provided for under Article 3, paragraphs (a)–(c) of the Convention, and the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. The Committee notes the Government’s indication that national legislation is under review and an attempt is being made to clear up all incomplete formulations or doubts so as to bring its legislation into full conformity with the Convention. The Committee asks the Government to provide information on the enactment of any amendments or new regulations and to provide a copy of any updated legislation.

Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children, forced or compulsory labour. The Committee notes that, by virtue of article 23 of the Constitution, forced or compulsory labour is prohibited. It also notes that, by virtue of section 175(1) of the Penal Code, a person who solicits, purchases, sells, hands over, transports, transfers, encourages or mediates in the buying, selling or handing over of another person or who conceals or receives a minor in order to establish slavery or similar relationship, forced labour or servitude, sexual abuse or illegal transplantation of parts of a human body, or who keeps a person in slavery or in a similar relationship, commits an offence. The sentence will be increased if the crime is committed against a minor (section 175(2) of the Penal Code).

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 42 of the Defence Law, a citizen shall be enrolled in compulsory military service, the calendar year in which the citizen has reached 19 years of age.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee observes that according to section 178(1) of the Penal Code, a person who procures, entices or leads away another person to offer sexual services for profit within a state excluding the one in which the person has residence or of which he/she is a citizen commits a criminal offence. It is also an offence to coerce or induce a person to go to the state in which he/she has no residence, or of which he/she is not a citizen, for the purposes of offering sexual services upon payment. If the abovementioned offences are committed against a minor, the penalties will be increased (section 178(3) of the Penal Code). The Committee further notes that anyone who, in the presence of a minor, performs acts aimed at satisfying his/her own lust or the lust of a third person or induces a minor to submit to such acts in his presence or in the process of a third person commits an offence (section 194 of the Penal Code). It also notes that, by virtue of section 195 of the Penal Code: (1) whoever panders a child or a minor; (2) whoever, for profit, organizes or assists another person in offering sexual services; or (3) whoever, for profit, by force or by threat to use force, or by deceit, forces or induces another to offer sexual services, commits an offence. The Committee observes that the penalties will be increased if the offence is committed against a minor.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that it is prohibited to use a child or a minor for the purpose of making pictures, audiovisual material or other objects of a pornographic content, or to sell, distribute, or show such material or induce a child or a minor to take part in a pornographic show (section 196 of the Penal Code).

Clause (c). The use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s indication that section 173(5) and (6) of the Penal Code prohibits the abuse of intoxicating drugs. It also indicates that this crime consists in "the action of inducing another person to take intoxicating drugs or of giving another person intoxicating drugs, to take or make premises available to other persons for the sake of taking intoxicating drugs or in some other way of making it possible for other people to take drugs". Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end.

2. Causing or allowing children to be used for begging. The Committee observes that it is prohibited to force a child or a minor to beg (section 213(2) of the Penal Code).

Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that section 56 of the Labour Relations Act prohibits the employment of persons under 18 years of age in severe physical work, underground work or underwater work as well as in any other work, which according to the provisions concerning protection at work, is considered dangerous for the health, psychological and physical development of the worker. It also observes that, by virtue of section 16(1) of Labour Act No. 758/95, a person under 18 years of age shall not be employed in jobs that may jeopardize his/her health, morals or development.

2. Self-employed workers. The Committee also notes that, by virtue of section 8 of the Labour Act, an employment shall commence by making a contract of employment. Consequently, the Committee notes that self-employed children under 18 years of age do not benefit from the protection laid down in the Labour Act. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against 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, paragraphs 1 and 3. Determination and revision of the types of hazardous work. The Committee notes that, by virtue of section 2 of Regulation (NN59/02) of 17 April 2002, a person under 18 years of age shall not be employed in work that requires "special conditions of work". It also observes that, with regard to work likely to harm the morals of persons under 18 years of age, a minor shall not be employed in bars, night-clubs, gambling places or in any other occupations likely to harm his/her morals (section 3 of Regulation (NN59/02)). The Committee further observes that the Regulation (NN5/84) on "jobs with special working conditions" of 1984 provides for a comprehensive list of types of hazardous work that persons under 18 years of age shall not perform. The Committee nevertheless notes that Regulation (NN5/84) was adopted 20 years ago. It also observes that the Labour Act or other regulations based on it, do not provide for the periodic examination and revision as necessary of the list of types of hazardous work, in consultation with the organizations of employers and workers concerned, as required under Article 4, paragraph 3, of the Convention. The Committee accordingly asks the Government to provide information on any steps taken or envisaged to review the list of the types of hazardous work.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the lack of information on the identification of hazardous work. The Committee accordingly requests 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.

Article 5. Monitoring mechanisms. 1. State inspectorate. The Committee notes that, by virtue of section 4 of the Law on State Inspectorate of 1999 (NN  76/99), the Inspectorate shall supervise the application of the law and other regulations applicable to employment relationships (labour relations and protection at work). It shall, in particular, implement regulations that relate to: (a)  hours of work, wages and employment of minors; and (b) the conditions of work, the protection of the health and safety of employees, especially those under 18  years of age. Inspectors are authorized to inspect workplaces and other facilities, to examine and seize all document related to the working activities of the inspected legal or natural person (sections 31, 38 and 39 of the Law on State Inspectorate), to request identification cards, to record in writing the statement of the owner of the scrutinized entity or of any witness (section 31 of Law on State Inspectorate). Upon completion of the inspections, inspectors draft a report (section 33 of the Law on State Inspectorate), and inform the competent state authority of any violation of labour legislation  (section 36(1) of the Law on State Inspectorate). The Committee notes that there shall be one labour inspectorate for 4,000 workers (section 21 of the Law on State Inspectorate).

The Committee notes the Government’s indication that between January 2002 and April 2003, labour inspectors found five boys aged 16-17 years carrying out jobs with "special conditions of work" (and therefore prohibited to persons under 18 years of age by virtue of sections 34 and 40 of the Law on Work Protection); four were working in bakeries and one in hauling timber. Other infringements were noted with regard to the prohibition to employ children under 18 years of age in night work. Labour inspectors ordered the employers to remove the minors concerned from these activities, and employers were fined. The Committee requests the Government to continue to provide information on the inspections carried out by the State Inspectorate and their findings.

2. Children’s Ombudsman. The Committee notes the Government’s indication that the Act of 18 June 2003 established an ombudsman for children which is responsible for the coordination, promotion and protection of the human rights of children. The ombudsman is also in charge of monitoring the implementation of the regulations on children’s rights, as well as looking into the infringements, and informing the public about the violations and applicable regulations. The ombudsman may suggest to competent state authorities, legal and natural person to adopt some measures aiming at preventing the existence of harmful factors that threaten the rights and interests of children. The ombudsman shall enter any premises to observe the way in which children are treated, and the owner of the building shall undertake actions requested by the ombudsman. If the ombudsman finds out that a child was exploited, he/she shall inform the State Attorney’s Office whose jurisdiction it is, and propose measures to protect the child. The Committee requests the Government 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. The Committee notes that the Government, in 2002, launched the National Plan for the Suppression of Trafficking in Persons as part of a technical cooperation project (LARA) with the Council of Europe. The LARA project supports regional criminal law reform in south-eastern Europe in order to prevent and combat efficiently trafficking in human beings. The Committee observes that the National Plan for the Suppression of Trafficking in Persons aims at providing legal, psychological and social assistance to victims of trafficking as well as medical care. Another objective of the national plan is to plan, organize, assist and support trafficked persons in the process of their return. The Committee notes, however, that this national plan does not specifically address the situation of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken pursuant to the national plan to eliminate the trafficking of children for the purposes of sexual and labour exploitation and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that a person who forces a minor to do work that does not suit his/her age, or to perform excessive work, or to beg is punishable by three months’ to three years’ imprisonment (section 213(2) of the Penal Code). The Committee notes that, by virtue of section 175(1) and (2) of the Penal Code, a person who solicits, purchases, sells, hands over, transports, transfers, encourages or mediates in the buying, selling or handing over of another person or who conceals or receives a minor in order to establish slavery or similar relationship, forced labour or servitude, sexual abuse or illegal transplantation of parts of a human body, or who keeps a person in slavery or in a similar relationship, is liable to imprisonment for three to 15 years.

The Committee observes that according to section 178(1) and (3) of the Penal Code, a person who procures, entices or leads away a minor to offer sexual services for profit within a state excluding the one in which the person has residence or of which he/she is a citizen is punishable by one year to ten years’ imprisonment. The same sentence will apply to anyone who coerces or induces a minor to go to the state in which he/she has no residence or of which he/she is not a citizen, for the purposes of offering sexual services upon payment (section 178(2) of the Penal Code). The Committee further notes that anyone who, in the presence of a minor, performs acts aimed at satisfying his/her own lust or the lust of a third person or induces a minor to submit to such acts in his presence or in the process of a third person shall be liable to imprisonment for three months to three years (section 194 of the Penal Code). Section 195(1) of the Penal Code provides that anyone who: (1) panders a minor; or (2) organizes, for profit, the offering of sexual services; shall be punishable by imprisonment for three months to three years. Section 195(3) of the Penal Code further states that anyone who forces or induces, for profit, another person to offer sexual services is liable to imprisonment for six months to five years. A person who uses a minor for the purpose of making pictures, audiovisual material or other objects of a pornographic content, or to sell, distribute, or show such material or induce a child to take part in a pornographic show is liable to imprisonment for one to five years (section 196 of the Penal Code). The Committee notes that section 228, subsection (1)(XIII) and (2), of the Labour Act states that an employer who employs a minor in work that may jeopardize his/her health, morals or development (as prohibited under section 16(1)) or for night work (as prohibited under section 54) shall be fined from 15,000 to 60,000 Kuna. The Committee requests the Government to supply information on the practical application of the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking into account of the special situation of girls. The Committee requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that by virtue of article 65 of the Constitution primary education is free and compulsory. It also notes the Government’s indication that primary education lasts at least eight years and is compulsory for all children, as a rule, from six to 15 years of age. The Government further states 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. Any person infringing section 43 of the Elementary Education Law is liable to a fine of 60 to 300 Kuna.

The Committee observes that the National Programme of Action for Children aims at ensuring that 100 percent of children aged 6-15 years are covered by compulsory education, and at preventing and combating the dropping out of school. The Committee accordingly requests the Government to provide information on the concrete measures taken pursuant the this action programme to ensure that all children aged 6-15 years have access to free primary education and to prevent school dropouts. It also asks the Government to provide information on the primary education enrolment rate and the dropout rate, as well as the impact of the National Programme of Action for Children on improving the access to free basic education.

Article 8. International cooperation. The Committee notes that Croatia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Croatia ratified the Convention on the rights of the child in 1992; the optional Protocol on the involvement of children in armed conflicts in 2002; the optional Protocol on the sale of children, child prostitution and child pornography in 2003; the supplementary Protocol to prevent, suppress and punish the trafficking in persons especially women and children in 2003. The Committee further notes that one of the objectives of the National Plan for the Suppression of Trafficking in Persons, launched in 2002, is to establish cooperation with Governments and non-governmental Organizations of the country of origin of trafficked persons in order to ensure that they benefit from psychological and social assistance (such as accommodation) when they return. It further notes that the plan aims at establishing systematic and intensive cooperation between Croatia and countries involved in the elimination of the trafficking of persons.  The Committee requests the Government to provide information on the countries with which Croatia has established enhanced cooperation to eliminate the trafficking of children. It also asks the Government to provide concrete examples of cooperation measures with countries concerned with the trafficking of children and the results achieved.

Part III of the report form. The Committee would be grateful if the Government would supply a copy of any court decisions on breaches of the legislation relevant to the application of the Convention.

Part V of the report form. The Committee notes the Government’s indication that between January 2000 and December 2002, 76 crimes related to the worst forms of child labour were committed against persons under 18 years old. Seventy crimes concerned the use of children or minors for pornography (as prohibited under section 196 of the Penal Code), four crimes concerned slavery and transportation of slaves in breach of section 175(2) of the Penal Code, and two crimes dealt with international prostitution, prohibited under section 178(3) of the Penal Code. The Committee also observes that between January 2003 and December 2003, the number of crimes related to the use of children under 18 years of age for pornography fell to 37 and no cases of slavery amongst children under 18 years of age were reported. The Committee asks the Government to continue to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those 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.