Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. The Committee previously noted the Government’s indication that it is prohibited to employ pupils and children in agricultural work during their studies. Nonetheless, the Committee noted the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that this prohibition is routinely ignored by regional, city and district officials. However, the Committee noted the Government’s indication that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC support in 2007, to prevent the use of labour of children between 8 to 14 years.

The Committee noted the Government’s statement that, pursuant to section 26 of the Education Act, schoolchildren and students may not be employed in agricultural work and other work during school time. The Committee also noted the Government’s indication that children are employed most frequently outside of school time, in the summer months, in agricultural work in their village. In this regard, the Committee noted the information from the UN Country Team in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 25 July 2011 that progress had been made in enforcing the prohibition of child labour in the annual cotton harvest (A/HRC/WG.6/12/TJK/2, paragraph 31).

However, the Committee noted the Government’s statement that, despite positive developments, some compulsory labour of children still occurs in the country, primarily in rural areas where children are forced to work in sowing and harvesting crops. Moreover, the Committee noted the Government’s statement that children work in arduous conditions during the cotton harvest, in hot temperatures and involving the heavy use of fertilizers and toxic chemicals. The Government further indicated that, after the cotton becomes ripe, the water supply in the farm areas dries up and children are forced to drink water from underground sources and irrigations canals, which can have deleterious health effects. The Committee also noted the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the incomplete elimination of child labour is due to the lack of the necessary agricultural equipment, and in certain cases, parents make their children perform some types of work. Therefore, while taking note of the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, the Committee expressed its concern that the compulsory mobilization of children for work in the harvest continues, and that this work often takes place under hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years. It requests the Government to take immediate and effective time-bound measures to ensure that the prohibition on engaging children in agricultural activities during school time is enforced in practice. It requests the Government to provide information on the measures taken, in its next report.

Clause (a). Forced recruitment of children in armed conflict. The Committee previously noted the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 2 April 2009 that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide a copy of the Universal Military Service Act, with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 238 of the Criminal Code prohibits the involvement of a person in prostitution through violence, blackmail, fraud or the destruction of property. The Committee also noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. However, the Committee observed that the term “minor” in the Criminal Code was not defined. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

Article 4(1). Determination of hazardous work. The Committee previously noted that section 177(1) of the Labour Code of 1997 prohibits the employment of persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he list of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. The Committee requested information on the development of this list, pursuant to section 177(2) of the Labour Code.

The Committee noted the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138) that Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations” was adopted on 30 December 2010. However, the Committee observed an absence of information as to whether Resolution No. 702 contains a determination of the types of hazardous work prohibited to persons under 18 years of age, pursuant to section 177(2) of the Labour Code. The Committee accordingly requests the Government to indicate whether Resolution No. 702 establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy of this Resolution with its next report. If not, it urges the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future, in conformity with Article 4(1) of the Convention.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that a unit for combating trafficking in human beings was established in 2004 and that section 7 of the Law on Combating Human Trafficking established the interdepartmental commission on combating trafficking, to increase the effectiveness of the monitoring of human trafficking. However, the Committee noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68).

The Committee noted the Government’s statement that on 3 March 2011, by virtue of Order No. 113, the Government approved the National Act on the Programme for Prevention of Trafficking in Persons. In this regard, the Government indicated that the Ministry of Internal Affairs drew up a plan of measures which was approved by order of the Minister. The Government further indicated that work was intensified concerning the introduction of measures involving regional and international cooperation between countries on the subject of trafficking. The Committee also noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR phase II, that this Programme for the Prevention of Trafficking in Persons includes awareness- raising activities on the consequences of trafficking for the general public, including children, as well as awareness raising-activities on human trafficking for senior local government officials and other agencies/organizations.

Nonetheless, the Committee noted the Government’s statement in its report to the UN Human Rights Council for the UPR of 19 July 2011 that it is particularly concerned about the problem of trafficking in persons (A/HRC/WG.6/12/TJK/1 paragraph 55). The Committee also noted with concern the information in the compilation prepared by the OHCHR for the UPR of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30). The Committee, therefore, urges the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to intensify its efforts, within the framework of the Programme for the Prevention of Trafficking of persons, to strengthen the capacity of law enforcement agencies to combat the sale and trafficking of persons under the age of 18. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication in its report to the CRC of 2 April 2009 that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs, a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62).

The Committee noted the Government’s statement that the high-level of unemployment in the country influences the school attendance of children, as many children are forced (including by their own parents) to work as car washers, porters and street vendors. However, the Government indicated that several measures were taken to improve school attendance. In this regard, the Government indicated that the department on the prevention of crime among youth and young adults (SPPNM) within the Ministry of Internal Affairs may, in the event of the identification of young persons not attending school, undertake remedial measures to get these children back into general education. The Government indicated that 1,533 special inspections were carried out across the country by the SPPNM, through which 8,911 children who were not attending school were identified. In this regard, the Government indicated that the staff of the SPPNM carried out talks and meetings with students and their parents to address these situations.

The Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that the net enrolment rate for primary education was 97 per cent in 2008. However, the Committee noted that there remain approximately 17,000 out-of-school children of primary school age. The Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011, that while education infrastructure had been improved and public spending on the educational sector had increased, school infrastructure and conditions remain poor and about 85 per cent of schools operate in two to three shifts owing to a chronic lack of school infrastructure (A/HRC/WG.6/12/TJK/2, paragraph 76). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education. It requests the Government to continue to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with regard to reducing the number of out-of-school children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 19 of the Law on Combating Human Trafficking contains provisions outlining the assistance to be given to child victims of trafficking. However, the Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). The Committee requested information on the number of victims under the age of 18 who had benefited from the assistance provided for under the Law on Combating Human Trafficking.

The Committee noted the information in the Government’s report that cooperation is envisaged on the development of education and health programmes to support victims of trafficking through repatriation, rehabilitation and reintegration. The Government also indicated that the Ministry of Internal Affairs provides support to victims of trafficking through the operation of a confidential helpline. The Committee further noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR Phase II that the Programme for the Prevention of Trafficking of Persons includes measures for the training of specialists to provide psycho-social support to victims of trafficking as well as measures to ensure the provision of protection and assistance to child victims of trafficking. However, the Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that there was no formal referral system established for victims of trafficking, and that, as of 2010, there had been no specific budgetary allocations for victim protection (A/HRC/WG.6/12/TJK/2, paragraph 29). The Committee requests the Government to strengthen its efforts, within the framework of the Programme for the Prevention of Trafficking of Persons, to provide for the identification, removal, rehabilitation and social integration of child victims of trafficking, and to provide information on the measures taken in this regard. In addition, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of identified child victims of trafficking who have received appropriate services for their rehabilitation and social integration.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee previously noted the information in the 2010 UNESCO Global Monitoring Report – Education for All that although the net enrolment rate in secondary education was 87 per cent for boys, only 75 per cent of girls were attending secondary school. The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern at the increasing number of girls who drop out of school, especially those living in rural areas (CRC/C/TJK/CO/2, paragraph 66). The Committee urged the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system.

The Committee noted the information in the Government’s report that, through the PROACT-CAR Phase II, 38 working children (15 boys and 23 girls) attended certified vocational education courses, and that 13 of the girls participating received state certificates for the completion of these courses. The Committee also noted the information from ILO–IPEC that support was then requested to help these graduating children (over the age of 15) find appropriate employment following their vocational training. However, the Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that, as of 2008, 88 per cent of the out-of-school children of primary school age were girls. Moreover, the Committee noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that the increased direct cost of education contributed to the low school enrolment and attendance rates of girls (A/HRC/WG.6/12/TJK/2, paragraph 75). The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system or to provide them with appropriate vocational training. It requests the Government to continue to provide information on the results achieved through the initiatives implemented with ILO–IPEC support. It also requests the Government to strengthen its efforts with regard to facilitating access to free basic education for girls, and to provide information on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s indication in its report to the CRC of 21 February 2009 that there were nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicated that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicated that these children often work for adults in hazardous conditions (CRC/C/TJK/CO/2, paragraphs 675–676). However, the Committee noted that, under the PROACT-CAR phase II, an action plan was developed for the protection of working and street children in the Khatlon and Sougd region.

The Committee noted the information in the Government’s report that the inspections carried out by the SPPNM identified 3846 child vagrants and beggars, as well as 362 market porters and 204 street vendors, who were not attending school. The Government indicated that the SPPNM took measures to return these children to school. The Committee also noted the information in the Government’s report that 50 children involved in street work were provided a one-day child rights course by the NGO “Youth House”. Moreover, the Committee noted the information from ILO–IPEC in a document of February 2011 on the PROACT CAR phase II that the action plan “Building the capacity of the CLM Sector in Tajikistan on identification, referral, tracking and protection of children at risk / involved in WFCL (street work)” was implemented in 2010, and that 20 children (five boys and 15 girls) were withdrawn from child labour and 20 children (six boys and 14 girls) were prevented from entering child labour through provision of education-based services. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, to ensure that this growing group of children are protected from these worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee noted the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also noted the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution had become more frequent. The Committee further noted the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) was present in both Dushanbe and Kurgan-Tube. It requested the Government to provide information on the application of the Convention in practice.

The Committee noted the information in the Government’s report that the staff of the Ministry of Internal Affairs detected one case of child trafficking in 2009, and 17 such cases in 2010. The Committee also noted the information in the Government report that three offences related to the procuring of a prostitute were detected in 2009 and 2010, in addition to 45 offences detected concerning the organizing or keeping of a brothel or prostitution in 2009, and 100 such offences in 2010. However, the Committee observed that it is not indicated how many of these offences related to prostitution involved victims under the age of 18. The Committee urges the Government to pursue its efforts to combat and eliminate the worst forms of child labour in Tajikistan, and to continue to provide information on measures taken in this regard. It also requests the Government to take the necessary measures to ensure that up-to-date information on the nature, extent and trends of the worst forms of child labour in the country is made available, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.