Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Forced or compulsory labour. The Committee had previously noted that by virtue of article 43 of the Constitution, the use of forced labour is prohibited. It also notes that section 150 of the Penal Code prohibits the illegal exploitation of child labour. Referring to its comments under the Forced Labour Convention, 1930 (No. 29), the Committee further notes that sections 172 and 173 of the Penal Code impose various sanctions for serious violations of labour legislation; such violations, according to the Government, may also cover cases of the illegal exactions of forced or compulsory labour. The Committee takes due note of this information.

2. Corrective labour colonies. The Committee had previously requested the Government to provide information on the rules governing the work performed by children under 18 years of age in corrective "labour colonies" and their application in practice. The Committee notes the Government’s information that in Ukraine there are 11 schools for the social rehabilitation of juvenile offenders aged 11-14, where 575 juveniles study, and three professional technical schools for juvenile offenders aged 14-18, where 435 juveniles study. It also notes the Government’s indication that more than 20,000 juveniles are convicted by courts every year, 10 per cent of whom are sentenced to deprivation of liberty.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 304 of the Penal Code prohibits engaging minors in criminal activity, drinking alcohol, begging or gambling. It had requested the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as defined in the relevant international treaties. The Committee notes that section 307 of the Penal Code prohibits the illegal production, making, purchasing, storage, transportation, sending or sale of narcotics, psychotropic substances or their analogues. Subsections (2) and (3) provide for a higher penalty when this offence is committed by engaging a minor and a young child. The Committee also notes that section 317 of the Penal Code prohibits organizing or running a place for the illegal use, production or making of narcotics, psychotropic substances or their analogues. Subsection (2) provides for a higher penalty when this offence is committed by engaging a minor. The Committee asks the Government to indicate the definition of the terms "minor" and "young child" for the purpose of these provisions of the Penal Code.

Article 3(d). Hazardous work. Self-employed workers. The Committee had previously noted that section 190 of the Labour Code prohibits the employment of persons under the age of 18 years in heavy duties, work with harmful or dangerous working conditions, work related to lifting and carrying things the weight of which exceeds the limits established for these persons, as well as in underground work. Noting that the scope of application of the Labour Code does not seem to cover self-employed persons, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years of age from work which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s indication that it is taking measures to identify and to eliminate cases of self-employment in hazardous types of work by children under the age of 18. The Committee requests the Government to provide more detailed information on the measures taken in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of work determined as hazardous exist. The Committee notes the Government’s information that labour inspectors and other monitoring authorities carry out regular inspections of enterprises employing minors. For instance, inspections of 883 enterprises carried out in November 2004 identified 413 cases of employment of minors in hazardous types of work, which represented 17.9 per cent of all minors employed. Most of such cases were registered in Poltavskaya, Chernovitskaya and Zhitomirskaya oblasts. These inspections also identified 186 cases of night and overtime work of persons under the age of 18. Administrative sanctions were imposed and practical assistance was offered to the specialists of these enterprises on the questions concerning the application of labour legislation.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s information on guardianship bodies, units in charge of minors’ affairs, juvenile social services centres, the Ukrainian General Prosecutor and other prosecutors. It had also noted information on the national department for the supervision of the implementation of labour legislation, created by Order No. 1351 of 30 August 2000, and the inter-ministerial committee for issues relating to child protection, created by Order No. 1200 of 3 August 2000. The Committee had requested the Government to provide information on the functioning of the abovementioned mechanisms. The Committee notes the information in the Government’s report on the powers of guardianship bodies, units in charge of minors’ affairs, juvenile social services, Ministry for Family and Youth Affairs as well as other bodies of social protection of minors. It also notes the Government’s detailed information on the functioning of the national department for the supervision of the implementation of labour legislation, including statistics on the labour inspections undertaken. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee notes that sections 149, 150, 172, 173, 301, 302, 303, 304, 307 and 317 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale and trafficking in persons including minors for the purposes of sexual and labour exploitation; illegal exploitation of child labour; serious violations of labour legislation; compelling minors to participate in the production of pornography; compelling minors to engage in prostitution; engaging minors in criminal activity or begging; and involving a minor in drug-related crimes. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 53 of the Constitution, everyone has the right to education and complete general secondary education is compulsory. The Committee also notes that, pursuant to section 35 of the Law on Education, the State ensures free and compulsory complete general secondary education. Section 36 of this Law further states that complete general secondary education consists of three stages and starts at the age of 6 or 7 years. The Committee further notes the Government’s indication that complete general secondary education lasts for 12 years. However, the Committee notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 60) was concerned at the increase of dropout rates in secondary and vocational education and at regional disparities in the number of educational establishments with rural areas being at a particular disadvantage. The Committee also notes the Government’s information that in 2004 units in charge of minors’ affairs and other competent authorities found that out of 50,500 children from economically and socially disadvantaged families, 16 per cent of these children did not attend school and 27 per cent were vagabonds. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to ensure that children attend school regularly and reduce school dropout rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes the Government’s information that in the framework of the implementation of the ILO/IPEC programme in 2003, models of identification and removal of children from the worst forms of child labour, their rehabilitation and return to school were tested in four regions of Ukraine. Short programmes of vocational training were elaborated for minors who have not completed general secondary education. A booklet for schoolchildren on the rights of the child in the area of labour was published. The Government also indicates that the Ministry of Education and Science approved in 2002, an educational strategy to combat the worst forms of child labour. The Committee requests the Government to continue to provide information on effective and time-bound measures taken for the removal of children from the worst forms of child labour and for their rehabilitation and social integration as well as for ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 68) was extremely concerned at the increasing number of street children and the vulnerability of these children to, inter alia, sexual abuse, violence, exploitation, lack of access to education, sexually transmitted diseases, HIV/AIDS and malnutrition. The Committee also notes the Government’s information that a survey on street children was carried out in Ukraine, which showed that these children were, in most cases, from economically and socially disadvantaged families. The Committee requests the Government to provide information on the effective and time-bound measures taken to address the situation of street children and to protect these children from labour and sexual exploitation. It also asks the Government to provide more detailed information on the results of the survey on street children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.