Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

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

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s statement that labour inspections are carried out according to an annual plan and not for the specific purpose of revealing illegal cases of child labour and its worst forms; however, cases of individual complaints would be investigated. The Committee reminded the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee requests the Government to provide information on the annual plan and if applicable, the number of complaints received and the number of investigations carried out by the labour inspectorate concerning the worst forms of child labour.

2. Police. In its previous comments, the Committee had noted the Government’s indication that, pursuant to Regulation No. 253, the Police Board is responsible for supervising inappropriate activities undertaken by children and not falling under the labour inspectorate’s duties. It had also noted in the Government’s information that the police are responsible for supervising situations falling more specifically within the scope of the Penal Code, such as prostitution. The Committee notes the Government’s statement in its 20 July 2009 report to the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) that police prefectures are competent to deal with cases of child pornography on the Internet and that all police officers working with children have received police training and supplementary training in psychology (CRC/C/OPSC/EST/1, paragraphs 46, 143 and 175). The Committee requests the Government to provide information on the number of investigations carried out by the police and their findings with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted from the Government’s information that awareness-raising measures and a National Action Plan were adopted in order to combat human trafficking. The Committee had previously noted various activities which were planned in order to meet the 2006–09 Development Plan for Combating Trafficking in Human Beings (Development Plan) which was adopted on 26 January 2006. The Committee notes from the Government’s report that, for 2008, most of the tasks of the Development Plan have been completed. The Committee notes that, on 2 February 2010, Estonia signed the Council of Europe Convention against Trafficking in Human Beings. The Committee also notes the information in the Government’s report that it has put into place a Criminal Policy Guideline for 2010, which will put emphasis on crime prevention with respect to minors. The Committee also notes the Ministry of Social Affairs’ Development Plan for 2007–10, whose objectives for 2010 include, the implementation of the Action Plan for Combating Trafficking in Children, developing social services for children and creating an environment conducive to health and safety. The Committee further notes the Ministry of Justice’s Development Plan for 2012, which includes the prevention of crime against minors and the reduction of criminality in connection with human trafficking. The Committee requests the Government to provide information on the implementation, the progress and the results achieved through the abovementioned programmes, as well as their effectiveness in eliminating the worst forms of child labour.

Article 7(1). Penalties. The Committee had  previously observed that no penalties are imposed for the violations of section 14(1) of the Child Protection Act, which protects children under 18 from economic exploitation and from performing hazardous work, and section 36 of the Employment Contracts Act, which prohibits the employment of children in hazardous work. It had also noted the Government’s information that these Acts do not, in fact, impose penalties, but that labour inspectors can issue a compliance order in case of violations to their provisions. If an employer fails to comply with the order, the labour inspector may impose a penalty payment under the Substitutive Enforcement and Penalty Payment Act. The Committee reminds the Government of its responsibility to ensure the effective implementation and enforcement of the provisions giving effect to the Convention including the provision and application of penal sanctions, as enunciated under Article 7(1). The Committee requests the Government to provide information on the number and nature of infringements and of penalty payments imposed by labour inspectors with regard to violations of the legal provisions protecting children from economic exploitation and prohibiting their employment in hazardous work.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children. Following its previous comments, the Committee notes the Government’s information that in 2006–07, five Estonian specialists who work with children participated in the “Prevention of trafficking in children and assisting trafficked children” project, carried out with support from the European Union Daphne programme and organized by the Council of the Baltic Sea States Working Group for Cooperation on Children at Risk (WGCC). The Committee also notes that, in 2008, lectures and workshops for 800 victim support officials, child protection officials, youth workers, teachers, students, prosecutors and judges took place. Finally, the Committee notes that in order to develop the skills and cooperation of specialists, two round tables, gathering 74 people from 35 organizations, were organized for the development of a national network for combating human trafficking.

2. Access to free basic education. The Committee had previously noted that, according to the Government’s indication to the CRC (CRC/C/18/Add.45, 11 July 2002, paragraph 378), education is compulsory and free from 7 to 17 years of age. It had noted that the CRC, in its concluding observation (CRC/C15/Add.196, 17 March 2003, paragraph 42), expressed its concern at the 5,000 children who do not attend school, at the high number of children who repeat the year and at high school drop-out rates. The Committee had noted that, according to the CRC, possible reasons for the high drop-out rates include: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. The Committee notes from the Government’s report that, under article 37 of the Constitution of the Republic of Estonia, everyone has a right to education and it shall be free of charge in state and local government schools. The Committee further notes that the Basic Schools and Upper Secondary Schools Act, which will come into force on 1 January 2011, shall ensure full access to free education as well as promote education. The Committee request the Government to provide information on the implementation of the Basic Schools and Upper Secondary Schools Act and its role in increasing school attendance and diminishing dropout rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children and commercial sexual exploitation. The Committee had previously noted in the Government’s statement that one of the objectives of its 2006–09 Development Plan is to rehabilitate the victims of commercial sexual exploitation. According to the document of the Development Plan, guidelines will be developed for Estonian foreign missions, so that they may assist the victims of human trafficking while abroad and help them return to Estonia, by providing support (transportation and accommodation). As for the victims of trafficking found in the territory of Estonia, the Development Plan’s activities consist of mapping the needs of the victims, giving instructions to support and health-care workers and organizing training courses. Moreover, the Government launched a national information and helpline (children’s line) in 2006, enabling citizens to report possible cases of trafficking and sexual exploitation. In 2008, when additional funding was made available, a helpline for the prevention of human trafficking was launched. The Committee notes the Government’s indication that counsellors helped 416 people in 2008, including three victims of sexual exploitation and 19 victims of labour trafficking. The Committee also notes from the Government’s report that employees of foreign missions of Estonia have been trained on how to assist people who have fallen victim of human trafficking while abroad. However, the Committee notes that the Government does not specify any data regarding the number of children who have been victims or benefitted from this assistance. The Committee requests the Government to provide information on the number of children under 18 years of age who have been withdrawn from trafficking and commercial sexual exploitation and rehabilitated, following the implementation of the Development plan, the helpline and the training of employees of foreign missions.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes from the Government’s 20 July 2009 report to the CRC (in connection with CRC OP-SC) that it is a member of the WGCC. The Committee notes that the WGCC addresses a number of issues, including street children, whereby it draws an annual action plan on which activities are based and cooperation projects are planned (CRC/C/OPSC/EST/1, paragraphs 166–168). The Committee requests the Government to provide information on the WGCC’s action plan and its activities in regard to providing the necessary and appropriate direct assistance to street children in order to remove them from the worst forms of child labour, and provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. The Committee had previously noted that Estonia is part of the Nordic–Baltic Campaign against Trafficking in Women launched in 2002, which aims at raising awareness, stimulating discussions on how to combat trafficking in women and establishing a common platform for further cooperation. The Committee noted the Government’s information that, in the framework of this campaign, several conferences and seminars were held and several school lectures were organized, with a special attention on youth, namely young girls. The Committee notes, from the Government’s 20 July 2009 report to the CRC (CRC/C/OPSC/EST/1, paragraph 164), that the central criminal police have entered into cooperation agreements with other countries on general crime procedures, including issues involving trafficking in children. The Committee also notes that Estonia has participated in various international projects, including the June 2010 Expert seminar in Copenhagen on “Children in the asylum system: Information management to prevent trafficking”, uniting 25 experts from the Baltic Sea region to discuss the situation of children in the asylum system and children in migration in relation to the risk of trafficking. The Committee notes from the Expert seminar’s report that a comprehensive report will be made available in December 2010. The Committee further notes from the Government’s report that Estonia has participated in various international projects, and through the European Union’s financial programmes, has been able to launch projects such as a training programme for youth specialists to teach them to assist young people who have experienced domestic violence. The Committee requests the Government to provide information on the implementation of the Nordic–Baltic Campaign as well as the results achieved in terms of combating the trafficking of children under 18 years for the purpose of sexual exploitation.

Part III of the report form. Court decisions. The Committee notes the information in the Government’s reply to the list of issues of the CRC of 3 December 2009 (CRC/C/OPSC/EST/Q/1/Add.1) that, in 2008, there were no convictions or court decisions with respect to disposing of minors to engage in prostitution, nor any cases regarding aiding prostitution involving minors. However, two persons were convicted for using minors in the manufacturing of pornographic works and there were 16 convictions for the manufacturing of works involving child pornography or making child pornography available. The Committee asks the Government to continue providing information on any court decisions and penalties imposed regarding the legislation relevant to the application of the Convention.

Part V of the report form. Practical application of the Convention. The Committee had noted that, according to the Development Plan, the only statistics available on the number of victims of human trafficking is that approximately 100 victims were traded from Estonia to other countries between 2001 and 2004. The Committee notes the Government’s reply to the list of issues of the CRC of 3 December 2009 (CRC/C/OPSC/EST/Q/1/Add.1, paragraph 1) that there have been no cases of child trafficking in Estonia in the last three years. The Committee notes from the Government’s report that, in 2009, five offences regarding disposing minors to engage in prostitution were recorded; two offences were registered regarding aiding prostitution involving minors; one offence concerning the use of minors in the production of pornographic works and 27 cases regarding the production of works involving child pornography registered. The Committee requests the Government to continue providing information, including statistics 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, as well as the number of children covered by the measures giving effect to the Convention. To the extent possible, all information should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery of practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to the Development Plan for Combating Trafficking in Human Beings of 2006–09, although the Estonian Penal Code does not directly specify trafficking in human beings as a criminal offence, there are 15 sections which prohibit activities linked to human trafficking, resulting in the effective prohibition of the sale and trafficking of children in practice. These prohibitions include: enslaving (section 133), abduction (section 134), unlawful deprivation of liberty (section 136), kidnapping (section 172), sale or purchasing of children (section 173), disposing minors to engage in prostitution (section 175), aiding prostitution involving minors (section 176), illegal transportation of aliens across the state border or temporary border line of Estonia (section 259) and provision of opportunity to engage in unlawful activities, or pimping (section 268).

2. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes with interest the Government’s information that, by virtue of sections 51(1), 79(1)1), 129(1) and 136 of the Defence Forces Service Act of 2000, the recruitment of young persons under 18 years of age in armed conflict is not permitted.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted that, according to the Government’s statement that labour inspections are carried out according to an annual plan and in the case of individual complaints, and not for the specific purpose of revealing illegal cases of child labour and its worst forms. The Committee reminds the Government that, by virtue of Article 5 of the Convention, member States are required to establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. Consequently, the Committee requests the Government to take measures to strengthen the labour inspection system, with particular reference to the role entrusted to labour inspectors in combating the worst forms of child labour.

2. Police. In its previous comments, the Committee had noted the Government’s indication that, pursuant to Regulation No. 253, the Police Board is responsible for supervising inappropriate activities undertaken by children and not falling under the Labour Inspectorate’s duties. It notes the Government’s information that the police are responsible for supervising situations falling more specifically within the scope of the Penal Code, such as prostitution. The Committee requests the Government to provide information on investigations that were carried out by the police with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that awareness-raising measures and a national action plan were adopted in order to combat human trafficking. The Committee requests the Government to provide information on the implementation of these measures and of the National Action Plan to combat human trafficking and their impact on eliminating the worst forms of child labour and, in particular, child trafficking.

Article 7, paragraph 1. Penalties. The Committee had previously observed that no penalties are imposed for the violations of section 14(1) of the Child Protection Act, which protects children under 18 from economic exploitation and from performing hazardous work, and section 36 of the Employment Contracts Act, which prohibits the employment of children in hazardous work. It notes the Government’s information that these Acts do not, in fact, impose penalties, but that labour inspectors can issue a compliance order in case of violations to their provisions. If an employer fails to comply with the order, the labour inspector may impose a penalty payment under to the Substitutive Enforcement and Penalty Payment Act. The Committee expresses the firm hope that the penalties imposed by the Substitutive Enforcement and Penalty Payment Act are sufficiently effective and dissuasive. It requests the Government to provide information on the number of penalty payments imposed by labour inspectors with regard to violations of the legal provisions protecting children from economic exploitation and prohibiting their employment in hazardous work.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking of children. Following its previous comments, the Committee notes that the
2006–09 Development Plan for Combating Trafficking in Human Beings was adopted on 26 January 2006. One of the objectives of the Development Plan is to prevent human trafficking by informing the public of its nature and related dangers. To reach this objective, the following activities were planned:

(a)   organizing lectures throughout Estonia, for a total of 40 lectures;

(b)   organizing a media campaign in order to decrease the demand and to increase awareness of human trafficking;

(c)   continuing the operation of the hotline for providing information on human trafficking;

(d)   preparing and publishing educational information material on human trafficking;

(e)   including the topic of human trafficking in the national general education agenda, and;

(f)    distributing information on human trafficking via the Internet.

The Committee also notes the Government’s statement that, in 2006, the non-profit association Living for Tomorrow, implemented a prevention project entitled “Education and Prevention of Trafficking in Human Beings in Estonia”. The aim of the project is to carry out a preventive and educational campaign against human trafficking in all major cities of Estonia. Project activities include organizing discussions for students and training border guards, career counsellors, social workers and local authorities. The Committee requests the Government to provide information on the impact of the Development Plan on Combating the Trafficking of Children and of the “Education and Prevention of Trafficking in Human Beings in Estonia” project and, more specifically, on the number of children under 18 years who were effectively prevented from being engaged in trafficking for sexual or labour exploitation as a result of their implementation.

2. Free basic education. The Committee had previously noted that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/18/Add.45, 11 July 2002, paragraph. 378), education is compulsory and free from 7 to 17 years of age. It had noted that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add.196, 17 March 2003, paragraph. 42), expressed its concern at the 5,000 children who do not attend school, at the high number of children who repeat the year and at high school drop-out rates. The Committee had noted that, according to the Committee on the Rights of the Child, possible reasons for the high drop-out rates include: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to ensure that all children benefit from access to the free and compulsory education provided for by the Estonian Constitution, and that they remain in school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children and commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s statement that one of the objectives of its Development Plan for Combating Trafficking in Human Beings is to rehabilitate the victims of commercial sexual exploitation. According to the document of the Development Plan, guidelines will be developed for Estonian foreign missions, so that they may assist the victims of human trafficking while abroad and help them return to Estonia, by providing support (transportation and accommodation). As for the victims of trafficking found in the territory of Estonia, the Development Plan’s activities consist of mapping the needs of the victims, giving instructions to support and health-care workers and organizing training courses. Furthermore, the Committee notes the Government’s statement that the National Victim Support System (NVSS), launched on 1 January 2005, employs 35 regional victim support workers in 16 victim support centres throughout Estonia. In cases where children are victims of criminal offences, the police cooperate with the victim support workers by forwarding information about the victims to the support workers in order to enable them to provide the child victims with the necessary support. Moreover, the Government indicates that a nationwide telephone number (children’s line) will be made available starting 1 January 2009 to enable citizens to notify relevant specialists about possible cases of trafficking, sexual exploitation or mistreatment of children, thus allowing for rapid assistance to these children. The Committee requests the Government to continue to provide information on the concrete impact of the Development Plan, the NVSS and the children’s line, on withdrawing and rehabilitating children from commercial sexual exploitation and trafficking for both sexual and labour exploitation, and on the results attained.

Clause (d). Identify and reach out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that municipalities have social workers who help street children and encourage them to attend school. The Committee requests the Government to provide more information on the activities carried out by these social workers with regard to street children. It also requests the Government to provide more detailed information on the number of street children who were effectively protected from being engaged in the worst forms of child labour as a result of the interventions of the social workers.

Article 8. International cooperation and assistance. The Committee had previously noted that Estonia is part of the Nordic–Baltic Campaign against Trafficking in Women launched in 2002, which aims at raising awareness, stimulating discussions on how to combat trafficking in women and establishing a common platform for further cooperation. The Committee notes the Government’s information that, in the framework of this campaign, several conferences and seminars were held and several school lectures were organized, with a special attention on youth. The Committee requests the Government to provide information on the implementation of the Nordic–Baltic Campaign as well as the results achieved in eliminating the trafficking of children under 18 years for the purpose of sexual exploitation.

Part III of the report form. Court decisions. The Committee notes that, according to the Development Plan, one person was convicted for inciting minors to engage in prostitution, 15 were convicted for aiding prostitution involving minors, three for use of minors in the manufacture of pornographic works, and one for manufacturing or making available child pornography. The Committee asks the Government to continue providing information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the Development Plan, the only statistics available on the number of victims of human trafficking is that approximately 100 victims were traded from Estonia to other countries between 2001 and 2004. The Committee notes, however, the Government’s statement that the European Union STOP programme, to which Estonia is party, provided the Government with information about child prostitution and street children and general information about the worst forms of child labour. Furthermore, the Government indicates that much research on prostitution and the sexual exploitation of children has been conducted in Estonia. The Committee requests the Government to provide information resulting from the European Union STOP programme, as well as the results of the research that was carried out in Estonia, with regard to child trafficking, the commercial sexual exploitation of children and street children.

The Committee also requests the Government to continue providing 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. To the extent possible, all information should be disaggregated by sex.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, by virtue of section 173 of the Penal Code, the sale or purchase of children is prohibited. However, the Committee notes the absence of legal provisions prohibiting the trafficking of children for labour or sexual exploitation. The Committee reminds the Government, that by virtue of Article 3(a) of the Convention, the trafficking of children constitutes one of the worst forms of child labour, and shall therefore be prohibited for children under 18. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that the trafficking of children under 18 for labour or sexual exploitation is prohibited, and that appropriate penalties are provided.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 3(2) of the Defence Forces Service Act of 2000, every Estonian male aged 16 to 60 is liable to service in the Defence Forces. Section 7 of the Act states that a person eligible to be drafted is a person who “is liable to service in the Defence Forces and who attains 16 years of age during a given year, until call-up for compulsory military service or release from call-up for compulsory military service”. Section 45 of the Act requires a person residing in Estonia and eligible to be drafted to register with the National Defence Department of his place of residence before 1 December of the year in which he reaches 17 years. Section 51 of the Defence Forces Service Act further states that persons eligible to be drafted shall be called up for compulsory military service between the ages of 18 and 27. The Committee asks the Government to clearly state the minimum age for admission to compulsory recruitment in armed conflict.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate supervises the application of working conditions (including working hours and rest time) of minors. According to section 145 of the Employment Contracts Law of 2003, labour inspectors may issue warrants. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.45, 11 July 2002, paragraph 510), in the first semester of 2000, labour inspectors checked 129 businesses. They investigated establishments where children were more likely to work (i.e. theatre, television, modelling agencies, films, studios, recreational centres and community centres). Noting that the labour inspectors appear to be investigating cases of child labour solely and not cases of children working in the worst forms of child labour, the Committee requests the Government to provide information on the activities of labour inspectors, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The police. The Committee notes the Government’s indication that pursuant to Regulation No. 253, the Police Board is responsible for supervising inappropriate activities undertaken by children and not falling under the Labour Inspectorate’s duties. The Committee accordingly requests the Government to provide information on the role and powers of the police as well as on investigations carried out.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Estonia.

Article 7, paragraph 1. Penalties. The Committee observes that the Child Protection Act protects children under 18 from economic exploitation (section 14(1)) and from performing hazardous work. Section 36 of the Employment Contracts Act also prohibits the employment of children in hazardous work. However, the Committee observes that the Child Protection Act and the Employment Contracts Act do not impose penalties for the violations of the abovementioned provisions. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that a person who commits an offence under the Child Protection Act or under the Employment Contracts Act is liable to sufficiently effective and dissuasive penalties.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaign. The Committee notes that, according to the Permanent Mission Report on Trafficking in Human Beings to the Organization for Security and Co‑operation in Europe (OSCE) (PC/DEL/616/02, 28 August 2002, page 1), an awareness-raising campaign on trafficking in women will be carried out. The Campaign will target among other groups: victims and potential victims of prostitution and trafficking, state authorities including police, personnel of the justice system, border control and immigration authorities, social and youth workers, the business community, hotel personnel, teachers and students at high schools and universities, as well as NGOs. The campaign includes two major research projects. The aim of these projects is to gather data for analysing the overall situation in trafficking in Estonia. The projects will give a better understanding about the ability of relevant Estonian authorities to prevent and stop trafficking in women and children and, at the same time, help to assess the awareness and attitudes of secondary school students toward the same issue. The Committee asks the Government to provide information on the implementation of the awareness-raising campaign and its impact on preventing the trafficking of children for labour or sexual purposes.

2. Trafficking of children. The Committee further notes that, according to the indication of the mission of the Republic of Estonia to the OSCE on 28 August 2002, preparatory work is going on to establish a national plan of action to prevent and combat trafficking in Estonia. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add.196, 17 March 2003, paragraph 48), expressed its concern at the insufficient information and awareness of the extent of commercial sexual exploitation and trafficking of children in Estonia. The Committee requests the Government to indicate whether the national plan of action to prevent and combat trafficking has been launched and to provide information on the measures taken or envisaged therein to prevent the trafficking of children for sexual or labour exploitation.

3. Ensure access to free basic education. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/18/Add.45, 11 July 2002, paragraph. 378), education is compulsory and free from seven to seventeen years of age. It notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add.196, 17 March 2003, paragraph. 42), expressed its concern at the 5,000 children who do not attend school, at the high number of children who repeat the year and high drop-out rates. According to the Committee on the Rights of the Child, possible reasons for the high drop-out rates include: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that all children benefit from access to free education and that they remain in school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child, (CRC/C/8/Add.45, 11 July 2002, paragraphs 231-233), in 1999, there were 79 recorded cases of children induced to commit a criminal offence or to engage in prostitution. It also observes that according to the police’s estimation, there are about 1000 prostitutes in Tallinn, of whom 7 per cent are under 15 years of age. The Government’s also states that the problem of under-age prostitutes exists and needs further solutions. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to remove children under 18 from commercial sexual exploitation and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add.196, 17 March 2003, paragraph 42), expressed its concern at the increasing number of street children and at the lack of a systematic comprehensive strategy to address the situation and provide these children with adequate assistance. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect street children from the worst forms of child labour.

Article 8. International cooperation and/or assistance. Regional cooperation. The Committee notes that Estonia is part of the Nordic-Baltic Campaign against Trafficking in Women launched in 2002, which aims at raising awareness; stimulating discussions on how to combat trafficking in women; and establishing a common platform for further cooperation. The Committee requests the Government to provide information on the concrete measures taken pursuant to the Nordic-Baltic Campaign against Trafficking in Women and their impact on eliminating child trafficking.

The Committee notes that the Government is party to the EU STOP programme whose aim is to encourage and reinforce networks and practical cooperation between the various persons responsible for action against the trade in human beings and the sexual exploitation of children in member States. It seeks in general to improve and adapt the training and skills of persons responsible for combating this form of crime in the Member States. The Committee asks the Government to provide information on the impact of the abovementioned programme on eliminating the trafficking of children for the purpose of sexual exploitation.

Part III of the report form. The Committee notes the Government’s indication that there was one case of slavery involving a person under 18 years of age; the eight offenders were taken into custody. The Committee asks the Government to continue to provide information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add.45, 11 July 2002, paragraph 509), that there are no statistical data on child employment. Noting the concern of the Committee on the Rights of the Child (CRC/C15/Add.196, concluding observations, 17 March 2003, paragraph 9) over the insufficient evaluation of data to devise policies and programmes on child rights, the Committee requests the Government to provide information on the measures taken or envisaged to assess the importance of the worst forms of child labour in the country by conducting a survey.

The Committee also asks the Government 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, prosecution, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee takes note of the Government first and second reports, and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that, by virtue of section 173 of the Penal Code, the sale or purchase of children is prohibited. However, the Committee notes the absence of legal provisions prohibiting the trafficking of children for labour or sexual exploitation. The Committee reminds the Government, that by virtue of Article 3(a) of the Convention, the trafficking of children constitutes one of the worst forms of child labour, and shall therefore be prohibited for children under 18. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that the trafficking of children under 18 for labour or sexual exploitation is prohibited, and that appropriate penalties are provided.

2. Forced or compulsory labour. The Committee notes that, by virtue of article 29 of the Constitution, no one shall be compelled to perform work or service against their will. Section 133 of the Penal Code also states that it is prohibited to place persons, through violence or deceit, in a situation where they are forced to work or perform other duties against their will for the benefit of another, or to keep a person in such a situation.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 3(2) of the Defence Forces Service Act of 2000, every Estonian male aged 16 to 60 is liable to service in the Defence Forces. Section 7 of the Act states that a person eligible to be drafted is a person who "is liable to service in the Defence Forces and who attains 16 years of age during a given year, until call-up for compulsory military service or release from call-up for compulsory military service". Section 45 of the Act requires a person residing in Estonia and eligible to be drafted to register with the National Defence Department of his place of residence before 1 December of the year in which he reaches 17 years. Section 51 of the Defence Forces Service Act further states that persons eligible to be drafted shall be called up for compulsory military service between the ages of 18 and 27. The Committee asks the Government to clearly state the minimum age for admission to compulsory recruitment in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 175 of the Penal Code, it is prohibited to induce a person under 18 years of age to engage or continue to work in prostitution. It also observes that it is prohibited, under section 176 of the Penal Code, to facilitate child prostitution or provide premises to this end. It also notes that, by virtue of section 202 of the Penal Code, pandering and pimping is prohibited.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 177 of the Penal Code, it is prohibited to use a person under 18 years of age as a model or actor in pornographic or erotic pictures. Section 33(3) of the Child Protection Act of 1999 prohibits the use of a child under 18 for pornographic purposes. Section 50(2) of the aforementioned Act also states that it is prohibited to use children under 18 in the production and distribution of obscene materials. Noting that the above provisions only prohibits the use of a child for the production of pornography or pornographic performances, the Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the procuring or offering of a child for the production of pornography or pornographic performances also constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee observes that, by virtue of section 183 of the Penal Code as amended in 2004, it is a criminal offence to illegally traffic, manufacture, buy, or possess narcotic drugs or psychotropic substances with the intent to traffic those substances. Section 184 of the Penal Code also prohibits the illegal manufacturing, transporting, importing, exporting, or transferring of narcotics drugs or psychotropic substances. The Committee further notes that, by virtue of section 181 of the Penal Code, it is prohibited to involve a child under 18 in the commission of a criminal offence. The Committee requests the Government to provide information on the criminal offences covered by section 181 of the Penal Code, as well as on the practical application of the abovementioned provision.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, by virtue of section 36 of the Employment Contracts Act, it is prohibited "to hire and employ minors for heavy work, work which poses a health hazard or has dangerous working conditions, underground work, or work which endangers the morality of minors". It also observes that section 14 of the Child Protection Act states that a child (i.e. a person under 18 years of age according to section 2) shall be protected from economic exploitation and from performing work which is hazardous, beyond the child’s capacities, harmful to the child’s development or which may interfere with the child’s education. Section 7(1) of the Seafarer’s Act of 2001 also provides that the minimum age to be a crew member is 18 years of age. The Committee further notes that the list of hazardous work was recently amended by Regulation No. 171 of 30 April 2004. The list contains 24 types of hazardous work prohibited for children under 18 years of age. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate supervises the application of working conditions (including working hours and rest time) of minors. According to section 145 of the Employment Contracts Law of 2003, labour inspectors may issue warrants. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add. 45, 11 July 2002, paragraph 510), in the first semester of 2000, labour inspectors checked 129 businesses. They investigated establishments where children were more likely to work (i.e. theatre, television, modelling agencies, films, studios, recreational centres and community centres). Noting that the labour inspectors appear to be investigating cases of child labour solely and not cases of children working in the worst forms of child labour, the Committee requests the Government to provide information on the activities of labour inspectors, including the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The police. The Committee notes the Government’s indication that pursuant to Regulation No. 253, the Police Board is responsible for supervising inappropriate activities undertaken by children and not falling under the Labour Inspectorate’s duties. The Committee accordingly requests the Government to provide information on the role and powers of the police as well as on investigations carried out.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee reminds the Government that, even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Estonia.

Article 7, paragraph 1. Penalties. The Committee notes that, by virtue of section 173 of the Penal Code, a person who sells or purchases a child under 18 is liable to imprisonment for one to five years. Section 133 of the Penal Code states that a person who places a human being under 18, through violence or deceit, in a situation where he/she is forced to work or to perform other duties against his/her will, for the benefit of another person, or keep a person in such situation, is liable to imprisonment for three to 12 years. Section 175 of the Penal Code provides that a person who induces a person under 18 years of age to engage in prostitution or continue prostitution shall be liable to a fine or a maximum of three years’ imprisonment. It also observes that, according to section 176 of the Penal Code, a person who facilitates child prostitution is liable to a fine or imprisonment for a maximum period of five years. Pandering and pimping is punishable by up to one year of imprisonment (section 202 of the Penal Code).

The Committee also notes that, by virtue of section 177 of the Penal Code, a person who uses a child under 18 years of age as a model or actor in pornographic or erotic pictures is liable to a fine or to one year’s imprisonment. The Committee further notes that if the offender is a legal entity, the penalty imposed will be a fine. The Committee notes that the penalties provided under the Penal Code include a fine or imprisonment. Noting that by virtue of section 177 of the Penal Code, only a fine may be imposed if the offender is a legal entity and that no provisions of the Penal Code fix a minimum amount for fines, the Committee asks the Government to provide information on the measures taken or envisaged to ensure that penalties are dissuasive and effective. The Committee also asks the Government to provide information on the penalties imposed in practice for the abovementioned infringements.

The Committee notes that, by virtue of section 181 of the Penal Code, a person who involves a child under 18 in the commission of a criminal offence (such as drug trafficking) is liable to a fine or to imprisonment for a maximum of three years.

The Committee observes that the Child Protection Act protects children under 18 from economic exploitation (section 14(1)) and from performing hazardous work. Section 36 of the Employment Contracts Act also prohibits the employment of children in hazardous work. However, the Committee observes that the Child Protection Act and the Employment Contracts Act do not impose penalties for the violations of the abovementioned provisions. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that a person who commits an offence under the Child Protection Act or under the Employment Contracts Act is liable to sufficiently effective and dissuasive penalties.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaign. The Committee notes that, according to the Permanent Mission Report on Trafficking in Human Beings to the Organization for Security and Co-operation in Europe (OSCE) (PC/DEL/616/02, 28 August 2002, page 1), an awareness-raising campaign on trafficking in women will be carried out. The Campaign will target among other groups: victims and potential victims of prostitution and trafficking, state authorities including police, personnel of the justice system, border control and immigration authorities, social and youth workers, the business community, hotel personnel, teachers and students at high schools and universities, as well as NGOs. The campaign includes two major research projects. The aim of these projects is to gather data for analysing the overall situation in trafficking in Estonia. The projects will give a better understanding about the ability of relevant Estonian authorities to prevent and stop trafficking in women and children and, at the same time, help to assess the awareness and attitudes of secondary school students toward the same issue. The Committee asks the Government to provide information on the implementation of the awareness-raising campaign and its impact on preventing the trafficking of children for labour or sexual purposes.

2. Trafficking of children. The Committee further notes that, according to the indication of the mission of the Republic of Estonia to the OSCE on 28 August 2002, preparatory work is going on to establish a national plan of action to prevent and combat trafficking in Estonia. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/add. 196, 17 March 2003, paragraph 48), expressed its concern at the insufficient information and awareness of the extent of commercial sexual exploitation and trafficking of children in Estonia. The Committee requests the Government to indicate whether the national plan of action to prevent and combat trafficking has been launched and to provide information on the measures taken or envisaged therein to prevent the trafficking of children for sexual or labour exploitation.

3. Ensure access to free basic education. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/18/Add. 45, 11 July 2002, paragraph. 378), education is compulsory and free from seven to seventeen years of age. It notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add. 196, 17 March 2003, paragraph. 42), expressed its concern at the 5,000 children who do not attend school, at the high number of children who repeat the year and high drop-out rates. According to the Committee on the Rights of the Child, possible reasons for the high drop-out rates include: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that all children benefit from access to free education and that they remain in school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child, (CRC/C/8/Add.45, 11 July 2002, paragraphs 231-233), in 1999, there were 79 recorded cases of children induced to commit a criminal offence or to engage in prostitution. It also observes that according to the police’s estimation, there are about 1000 prostitutes in Tallinn, of whom 7 per cent are under 15 years of age. The Government’s also states that the problem of under-age prostitutes exists and needs further solutions. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to remove children under 18 from commercial sexual exploitation and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observation (CRC/C15/Add. 196, 17 March 2003, paragraph 42), expressed its concern at the increasing number of street children and at the lack of a systematic comprehensive strategy to address the situation and provide these children with adequate assistance. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect street children from the worst forms of child labour.

Clause (e). The special situation of girls. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures taking account of the special situation of girls, as required under Article 7, paragraph 2(e), of the Convention. It requests the Government to provide information on any development in this regard.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee notes that Estonia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the rights of the child in 1991, and signed the optional protocol on the sale of children, child prostitution and child pornography and the protocol on the involvement of children in armed conflict in 2003.

2. Regional cooperation. The Committee notes that Estonia is part of the Nordic-Baltic Campaign against Trafficking in Women launched in 2002, which aims at raising awareness; stimulating discussions on how to combat trafficking in women; and establishing a common platform for further cooperation. The Committee requests the Government to provide information on the concrete measures taken pursuant to the Nordic-Baltic Campaign against Trafficking in Women and their impact on eliminating child trafficking.

The Committee notes that the Government is party to the EU STOP programme whose aim is to encourage and reinforce networks and practical cooperation between the various persons responsible for action against the trade in human beings and the sexual exploitation of children in member States. It seeks in general to improve and adapt the training and skills of persons responsible for combating this form of crime in the Member States. The Committee asks the Government to provide information on the impact of the abovementioned programme on eliminating the trafficking of children for the purpose of sexual exploitation.

Part III of the report form. The Committee notes the Government’s indication that there was one case of slavery involving a person under 18 years of age; the eight offenders were taken into custody. The Committee asks the Government to continue to provide information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/8/Add. 45, 11 July 2002, paragraph 509), that there are no statistical data on child employment. Noting the concern of the Committee on the Rights of the Child (CRC/C15/Add. 196, concluding observations, 17 March 2003, paragraph 9) over the insufficient evaluation of data to devise policies and programmes on child rights, the Committee requests the Government to provide information on the measures taken or envisaged to assess the importance of the worst forms of child labour in the country by conducting a survey.

The Committee also asks the Government 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, prosecution, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.