Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the Government’s first report.

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 the Government’s indication that, pursuant to section 418 of the Criminal Code, it is prohibited to recruit, transport, carry, buy, sell, shelter or accept a minor for the purposes of exploitation for, inter alia, prostitution or any other form of sexual exploitation, pornography, forced labour, servitude or slavery. The Committee also notes that these acts, performed through the use of force, serious threat, deception or any other type of compulsion, abduction, deceit, abuse of power or the weakness or physical or mental disability of another person, or by giving or receiving money/benefits for obtaining consent by a person that has control over another person, will result in a higher penalty. The Committee requests the Government to provide a copy of the Criminal Code, as amended in September 2009, with its next report.

2. Forced or compulsory labour. The Committee notes that article 11 of the Constitution of the Republic of Macedonia prohibits forced labour. The Committee also notes that section 418c of the Criminal Code (as amended), prohibits trafficking for the purpose of forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 6(4) of the Law on the Protection of Children (as amended in 2009) prohibits minor children from being involved in armed conflicts and recruited in units that perform military or other actions. The Committee also notes the information in the Government’s report to the Committee on the Rights of the Child (CRC) in connection with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC OPAC) of 5 June 2009 that, pursuant to the Law on Service in the Army of the Republic of Macedonia, a precondition for admission to the army is the attainment of full legal age, which is 18 years (CRC/C/OPAC/MKD/1, paragraph 16). The Government also indicates in this report that section 3 of the Law of Defence of May 2006, provides that all citizens subject to army duty must prove their age by submitting a document issued by the competent department of the Ministry of Internal Affairs (CRC/C/OPAC/MKD/1, paragraphs 9 and 13).

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 6 of the Law on the Protection of Children, as amended in 2009, forbids any type of sexual use or abuse of children, including prostitution. Pursuant to section 5 of the Law on the Protection of Children, a child is defined as a person under 18 years of age. The Committee also notes that section 191(1) of the Criminal Code prohibits mediation in conducting prostitution, which includes recruiting, instigating or enticing another to prostitution. Pursuant to section 191(2) of the Criminal Code, it is also prohibited to profit from another’s use of sexual services.

2. Pornography. The Committee notes that section 6 of the Law on the Protection of Children, as amended in 2009, forbids any type of sexual use or abuse of children, including pornography. The Committee also notes that section 193(3) of the Criminal Code prohibits the abuse of a minor for the production of audiovisual pictures or other materials with pornographic content or for pornographic shows, and also prohibits forcing a minor to produce and record pictures or other materials with pornographic content. The Committee further notes the Government’s statement in its report to the CRC in connection with the Optional Protocol to the Convention to the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OPSC) of 8 June 2009 that the Criminal Code was amended in 2008 to introduce section 193(a) which prohibits the production and distribution of child pornography by using a computer system (CRC/C/OPSC/MKD/1, paragraph 42).

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that section 6(2) of the Law on the Protection of Children as amended in 2009 states that Government institutions shall undertake all requisite measures for the protection of children from illegal use and other forms of abuse of children in the illegal production and trafficking of narcotics and psychotropic substances. The Committee observes that this provision does not specify that this protection includes penalizing adults who use children for these purposes. The Committee therefore requests the Government to indicate if the Law on the Protection of Children, or any other legislation, specifies that it is an offence to use, procure or offer a child under the age of 18 years for the purpose of illicit activities, and if so, what penalties apply for this offence.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee notes that article 42 of the Constitution states that minors may not be employed in work which is detrimental to their health or morality. The Committee also notes that chapter XIII of the Labour Relations Law entitled “Protection of Employees under the Age of 18” prohibits certain types of work for persons under 18 years of age. Pursuant to section 176, persons under 18 cannot be engaged in night work and must be given annual leave. Section 174 states that persons under 18 cannot work for more than 8 hours per day and 40 hours per week, and also stipulates mandatory breaks and rest periods. Section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of Labour Affairs in coordination with the Minister in charge of Health Affairs. The Committee requests the Government to provide information on any determinations made on the types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law, and to provide copies of the relevant documents with its next report.

2. Self-employed children or children working in the informal economy. The Committee notes that, pursuant to section 1(1) of the Labour Relations Law, the Law regulates labour relations between employers and employees established through an employment contract. Section 5(1) of the Labour Relations Law states that a labour relation is a contractual relation between the employee and the employer whereby the employee carries out work according to the instructions and under the supervision of the employer for remuneration, and section 5(2) states that an employee is any natural person who has entered into a labour relation on the basis of a concluded employment contract. Therefore, it appears that the Labour Relations Law, and its provisions prohibiting the engagement of persons under 18 in hazardous work, do not apply to work performed outside of a formal labour relationship, such as self-employment, unpaid work and work in the informal economy. In this regard, the Committee notes the information in the UNICEF report entitled “Children in FYR Macedonia” of February 2008 (UNICEF Report) that the majority of children engaged in child labour do so on an unpaid basis, both inside and outside of family undertakings. It further notes the information in a 2008 report on the worst forms of child labour in Macedonia, available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that children engage in work in the informal sector. The Committee consequently requests the Government to take the necessary measures to ensure that children under the age of 18 years working on a self-employed basis or in the informal economy 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 5. Monitoring mechanisms. Trafficking. The Committee notes the information in the Government’s report that a National Committee to Combat Trafficking in Human Beings and Illegal Migration was established in 2001, composed of several ministries. The Committee also notes the information in the 2009 UNODC Global Report on Trafficking in Persons (2009 UNODC Report) that the central police service operates a section dealing with trafficking and the smuggling of migrants, within the department for organized crime. The Committee further notes the information in the Government’s report to the CRC of 12 November 2009 that the Government, in conjunction with the International Organization for Migration (IOM), has implemented measures to provide training to police officers, judges and public prosecutors on the subject of human trafficking, in addition to measures to strengthen the capacity of workers at social welfare centres (CRC/C/MKD/2, paragraph 496). 

However, the Committee notes the information in a report on the trafficking of persons in Macedonia available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that Macedonia is a source, transit and destination country for women and children trafficked for the purpose of commercial sexual exploitation. Children are trafficked from Macedonia to South, Central and Western Europe and that some children, primarily Roma children, are trafficked internally for the purpose of forced begging. The Trafficking Report further indicates that corruption directly hampers the Government’s anti-trafficking efforts, indicating that local brothel owners were on occasion tipped off prior to raids, allowing traffickers to elude law enforcement and brothel owners to hide potential trafficking victims. The Committee expresses its deep concern at allegations of complicity of law enforcement officials with human traffickers, and requests the Government to take immediate measures to address this issue. The Committee also requests the Government to provide information on any other measures taken to strengthen the capacity of the relevant law enforcement bodies to ensure the effective monitoring and elimination of the trafficking of persons under the age of 18.

Article 6. Programmes of Action 1. National Action Plan for the Rights of Children 2006–15. The Committee notes the Government’s indication in its report to the CRC of 12 November 2009 that it adopted the National Action Plan for the Rights of Children 2006–15 in March 2006. The Government indicates in this report that this National Action Plan encapsulates the Government’s efforts to provide for the full exercise of the rights of children, and relies heavily on the principles of equality, accessibility, quality and efficiency (CRC/C/MKD/2, paragraph 6). The WFCL Report indicates that this National Action Plan includes strategies to address the worst forms of child labour. The Committee requests the Government to provide information on concrete measures taken within the framework of the National Action Plan for the Rights of Children 2006–15 with regard to the prevention and elimination of the worst forms of child labour.

2. Action Plan for Combating Trafficking in Children. The Committee notes the Government’s indication in its report to the CRC that in 2004, within the National Committee on Human Trafficking, the Sub-group on Combating the Trafficking in Children was established, which adopted the Action Plan for Combating Trafficking in Children. This Action Plan aims to upgrade governmental policies with regard to combating child trafficking, to provide special protection to child victims, to establish minimum standards for the protection of children at risk of becoming victims, to undertake various preventative measures in this regard, and to undertake activities for the identification, rehabilitation and reintegration of child victims of trafficking. The Committee also notes the indication in the WFCL Report that the Government, in conjunction with UNICEF, has published an updated Action Plan to Combat Trafficking of Children for the period 2009 to 2012. The Committee requests the Government to provide information on the concrete measures taken within the framework of the Action Plan to Combat Trafficking of Children for the period 2009 to 2012, and the results achieved.

Article 7(1). Penalties. The Committee notes that pursuant to section 418 of the Criminal Code, a person who engages in trafficking shall be sentenced to a minimum of eight years’ imprisonment. The Committee also notes that pursuant to section 191(5) of the Criminal Code, a person who recruits, instigates or entices a child to prostitution, shall be punished with imprisonment of one to five years. Pursuant to section 191(3), a person who abuses a juvenile in the production of child pornography shall be punished with a fine or imprisonment of a maximum of three years.  The Committee further notes that, pursuant to section 264(1)(17) of the Labour Relations Law, an employer who is a legal entity that employs a minor in hazardous work will be will be fined 15,000 Macedonian denars (approximately US$332). This fine shall be 10,000 Macedonian denars (approximately US$221) if the employer is a natural person.

The Committee notes that section 404 of the Criminal Code (entitled “war crimes against the civil population”) provides for a penalty of ten years’ imprisonment for the enrolment and recruitment of minors under 15 years of age into the armed forces, though observes the absence of a specified penalty for the recruitment of children between the ages of 15 and 18. The Committee therefore requests the Government to provide information on any measures taken or envisaged to provide for sufficiently effective and dissuasive penalties for the forcible recruitment of all persons under the age of 18.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, providing direct assistance for their removal from these worst forms, and providing for their rehabilitation and social integration. Trafficking. The Committee notes the information in the Government’s report concerning the adoption in 2007 of Standard Operational Procedures for the treatment of trafficking victims, aiming to provide aid and protection to victims based on an institutionalised cooperative framework. The Committee also notes the Government’s indication in its report to the CRC in connection with the CRC OPSC of 8 June 2009 that the Ministry of Internal Affairs is undertaking a series of preventive measures, including awareness raising about trafficking among risk groups and familiarizing children with methods of self-protection from trafficking (CRC/C/OPSC/MKD/1, paragraph 60).

The Committee notes the Government’s indication in its report to the CRC of 12 June 2009 that the Ministry of Internal Affairs operates a Centre for Aliens which identifies and provides care to victims of trafficking. With the assistance and financial support of the IOM, the victims at this Centre are also provided with adequate professional post trauma treatment, social re-integration services, psychological services and free legal assistance and legal representation (CRC/C/MKD/2, paragraph 506). In addition, the Government’s report to the CRC indicates that it has, in cooperation with UNICEF, implemented a Resocialization and Reintegration Programme for child victims of human trafficking, which includes the provision of training to expert teams at social welfare centres (CRC/C/MKD/2, paragraph 512). The Committee also notes the indication in the 2009 UNODC Report that, in 2005, the National Referral Mechanism (NRM) for victims of trafficking was established as a joint project of the National Committee on Human Trafficking and the Ministry of Labour and Social Policy. The NRM coordinates activities with NGOs and handles the referral of trafficking victims to the relevant institutions. The Committee encourages the Government to continue to take measures to prevent children from being victims of human trafficking, and to provide such victims with rehabilitative and social reintegration services. The Committee requests the Government to continue to provide information on the measures taken in this regard, in particular on the number of persons under 18 benefiting from these services.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes the Government’s indication that the Ministry of Labour and Social Policy implements activities to foster social inclusion, which include the aim of eradicating the phenomenon of children living on the street. The Government indicates that the amendments to the Law on Social Protection introduce the right to daily care for street children and their families, including educational services, counselling and recreational activities. The Committee also notes the information in the Government’s report that two daily centres for street children have been established in this regard, while an NGO-managed centre provides similar services with the financial support of the Government. The Committee further notes the information in the Government’s report to the CRC of 12 June 2009 that these daily centres, staffed with social workers, psychologists and educators, focus on providing care to children between the ages of 4 and 14, particularly those who spend most of their days on the street engaging in activities like begging, paper and iron collection and the reselling of various goods at markets (CRC/C/MKD/2, paragraphs 175 and 176).

The Committee notes the statement in the UNICEF Report that these centres are, in general, understaffed and under-resourced (page 43). The UNICEF Report also indicates that there are between 500 and 1,000 street children in the country. This report also indicates that of the children engaged in begging, 59 per cent are under the control of adults. The Committee also notes the information in the UNICEF Report that these street children are at an increased vulnerability to becoming victims of trafficking. Therefore, the Committee requests the Government to pursue its efforts to ensure that children under 18 years living and working on the streets are protected from the worst forms of child labour, particularly trafficking and their use by adults for the purpose of begging. It requests the Government to provide information on concrete measures taken in this regard, including the number of street children receiving services from the daily centres.

2. Roma children. The Committee notes the Government’s indication in its report to the CRC of 12 June 2009 that school drop-out rates are significantly higher among Roma children (CRC/C/OPSC/MKD/1, paragraph 316). The Government’s report to the CRC also indicates that the Government is participating in the Roma Decade programme, and has developed mechanisms to monitor the situation of children both within and outside the educational system through this programme. The Government indicates in this report that the measures taken within the context of the Roma Decade has resulted in increased educational coverage of the Roma population (CRC/C/MKD/2, paragraph 357). The Government’s report to the Universal Periodic Review of 23 February 2009, indicates that it has taken several measures to reduce the school dropout rate of Roma children, such as providing 650 scholarships to Roma children, free textbooks, free transportation and the construction of a secondary school in a Skopje neighbourhood predominantly inhabited by the Roma population (A/HRC/WG.6/5/MKD/1, paragraph 115). However, the Committee notes the indication in the UNICEF Report that the majority of children living on the street are Roma and notes the indication in the WFCL Report that Roma children are particularly vulnerable to economic exploitation. The Committee further notes the information in the Trafficking Report that Roma children are particularly vulnerable to trafficking within the country for the purpose of forced begging. In this regard, the Committee requests the Government to redouble its efforts within the framework of the Roma Decade programme to protect Roma children from the worst forms of child labour, particularly through the provision of educational opportunities. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there is an unsatisfactory level of coordination among the different institutions that deal with the prevention of the worst forms of child labour. The Government also identifies in its report the need for further training of employees working in child protection.

The Committee notes the statement in the UNICEF Report that children in poor households are often forced, out of economic necessity, into situations where they are compelled to work in exploitative conditions (for girls, and to a lesser extent boys, this can mean prostitution and/or risks of being trafficked and sold into forced prostitution). The Committee also notes the information in the WFCL Report that children engage in work on the streets, including begging and selling small items, often at the behest of adults. The Committee therefore expresses its concern at the situation of children engaged in the worst forms of child labour and requests the Government to take the necessary measures to improve coordination among institutions working towards the prevention and elimination of this phenomenon. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical 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 the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.