Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Tayikistán (Ratificación : 2005)

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Observación

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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 that the State Supervisory Service for Labour, Migration and Employment carried out seasonal inspections during the cotton harvest in all cotton producing areas in order to check for cases of the worst forms of child labour. The Committee further noted from the 2013 Annual Assessment on Child, Student and Adult Participation in Tajikistan’s Cotton Harvest (2013 annual assessment report) that in 2013, the number of children working in the fields remained limited, the volume and frequency of forced child labour as well as any form of labour that are harmful to children remained much lower. In addition, the mobilization of school children to work in the cotton harvest declined significantly. The 2013 annual assessment report also indicated that, over the course of the 2013 cotton harvest, two cases of potential forced labour involving children had been identified and investigated by the inspectors which resulted in fines levied against cotton producing dekhan farms (private farms belonging to either one or more individuals). The Committee also noted from the 2013 annual assessment report that several awareness raising efforts and training seminars had been conducted during the 2013 Cotton Monitoring Campaign for teachers, principals, parents, local government officials and cotton workers on the legal restrictions on using child labour in the cotton harvest and the negative influence of such work.

The Committee notes the Government’s indication in its report that the State Supervisory Service for Labour, Migration and Employment has revealed no cases of child labour in agricultural occupations, particularly in cotton picking, during the school year. The Committee however notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed concern at the limited information on the measures taken “to eliminate child forced labour, particularly in the annual cotton harvest” and recommended to “prevent the sale of children for the purpose of child forced labour, particularly in the agricultural sector” (CRC/C/OPSC/TJK/CO/1, paragraphs 20, 21). The Committee requests the Government to continue to provide information on the measures taken to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. It also requests the Government to provide information on the violations detected and the sanctions applied in this regard.

Clause (a). Forced recruitment of children in armed conflict. Further to its previous request on a minimum age for military service, the Committee notes that section 19 of the Universal Military Duty and Military Service Act of 10 November 2000, No. 139 sets out a minimum age of 18 years for military services.

Article 6. Programmes of action. 1 National Plan for Combating Trafficking in Persons and its application in practice. Following its previous comments, the Committee notes the adoption of the National Plan for Combating Trafficking in Persons for 2019-2021 (Government’s Decree of 1 March 2019, No. 80) and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons (Government’s Decree of 27 July 2016, No. 327). The Committee further notes from the Interim Report on the implementation of the recommendations of the UN Human Rights Council member States adopted in the framework of the Universal Periodic Review of Tajikistan (second period) that in 2018, 11 cases were investigated under section 167 (trafficking in children) of the Criminal Code, involving 29 offenders and 10 victims (paragraph 43).

The Committee however notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW) in its 2018 concluding observations expressed concern that “the trafficking of women and girls, mainly for sexual exploitation, is often done under the guise of fraudulent or forced marriages” and noted “the absence of awareness-raising initiatives to prevent trafficking in women and girls” (CEDAW/C/TJK/CO/6, paragraph 27). The Committee further notes that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) in its 2019 concluding observations recommended to “provide adequate resources for the implementation of strategies to combat trafficking in persons, especially trafficking in women and children” (CMW/C/TJK/CO/2, paragraph 53). The Committee requests the Government to provide information on the implementation of the National Plan for Combating Trafficking in Persons for 2019-2021 and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons with regard to monitoring, preventing and combating the trafficking in persons under the age of 18 years and to provide information on the results achieved. It further requests the Government to supply statistical data on the application of section 167 of the Criminal Code in practice in cases of trafficking in children for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2 National Programme to eliminate the worst forms of child labour. The Committee previously noted from the ILO-IPEC Report, 2015 that the Government had approved on 31 October 2014, the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour in 2015–20.

The Committee observes from the 2019 ILO publication “Some best practices employed in the project “Combating Child Labour and Human Trafficking in Central Asia – Commitment Becomes Action” implemented in Tajikistan in 2017 and 2018” that independent monitoring conducted in 2018 has revealed that the NAP to Eliminate the Worst Forms of Child Labour in 2015–20 was implemented fairly successfully “according to its approved goals, objectives, and the timeframe for its implementation”.

The Committee also notes the Government’s indication that in accordance with the Government’s Decree No. 348 of 19 August 2016, the Department for the Protection of Children’s Rights was created at the Ministry for Education and Science in 2019 with the aim to protect children’s constitutional rights and freedoms. The Government also indicates a number of seminars organized in secondary schools to explain the provisions of the Convention and that information on child labour is regularly placed on the website of the child labour monitoring section of the Labour and Employment Agency under the Ministry for Labour, Migration and Employment. The Committee requests the Government to provide detailed information on the outcome of the 2021 evaluation of the NAP to Eliminate the Worst Forms of Child Labour in 2015–20, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour. To the extent possible, all information provided should be disaggregated by gender and age.

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. In its previous comments, the Committee noted that according to the UNESCO statistics on education in Tajikistan, the net enrolment rate in primary education had decreased from 98 per cent in 2013 to 96.76 in 2014. The Committee also noted that the Committee on Economic, Social and Cultural Rights in its concluding observations expressed concern at the high dropout rates among girls and children from families in disadvantaged situations and about the gender disparity in enrolment and retention rates across all levels of education (E/C.12/TJK/CO/2-3, paragraph 34).

The Committee notes from the Interim Report on the implementation of the recommendations of the UN Human Rights Council by member States adopted in the framework of the Universal Periodic Review of Tajikistan (second period) the measures taken by the Ministry of Education and Science to prevent school non-attendance, including the provision of allowances to low-income families. The Interim Report also indicates that although in the 2013-2014 academic year, 367 children did not attend educational institutions, including 206 girls, in the 2018-2019 academic year, this number decreased to 35 children, including 25 girls (paragraph 69). The Committee further observes from the UNICEF statistics that the net attendance rate for children of primary school age was 97.7 in 2017.

The Committee however notes that the CEDAW in its 2018 concluding observations expressed concern at “the low enrolment rate of girls in school, especially in remote areas” and “the high dropout rate among girls at the secondary and higher levels of education and the absence of re-entry policies” (CEDAW/C/TJK/CO/6, paragraph 35). The Committee requests the Government to continue its efforts to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls and children from families in disadvantaged situations. It further requests the Government to provide information on the measures taken and on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls and children from disadvantaged families.

Article 7(2). Effective and time-bound measures. 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 takes note of the Act on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, No. 1096. The Committee observes that the Act of 2014, in its chapter 5, regulates trafficking in children, including measures on the social adaptation and rehabilitation of child victims of trafficking. In particular, according to section 32 of the Act of 2014, child victims of trafficking shall be provided with accommodation, food, clothes, education, and other necessary services. The Committee requests the Government to provide information on the number of child victims of trafficking who have been identified and benefited from the social adaptation and rehabilitation measures as well as on the types of services provided.