Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the Government’s first and second reports. It also notes that a new Labour Code was adopted in 2001 and entered into force on 1 April 2002 - Act No. 311/2001, Collection of Laws and that the Criminal Code has been amended by Act No. 421/2002, Coll. and Act No. 171/2003, Coll. It requests the Government to provide additional information on the following points.

Article 1 of the Convention. While noting the detailed legal information communicated by the Government in its reports, the Committee stresses that this Article requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour - as defined under Article 3- as a matter of urgency. The Committee, consequently, asks the Government to provide a general overview of the measures taken to apply this Article.

Article 3. The Committee takes note of the information communicated by the Government in its first report concerning the provisions of the Criminal Code which define and punish crimes related to the worst forms of child labour as well as the information on the provisions of the governmental resolution No. 32/1967 concerning the "Principles for elaboration of lists of types of work and workplaces that are prohibited to women, pregnant women, to mothers until the ninth month after childbirth, and to juveniles". The Committee asks the Government to indicate if this governmental resolution is still in force and, if so, to provide the Office with a copy of it together with a copy of an updated version of the Criminal Code. The Committee also notes the information concerning the provisions of the Regulation of the Government of the Slovak Republic No. 204/2001, Collection of Laws, dated 23 May 2001, on the minimum safety and health requirements at Work with loads.

The Committee notes that the Government has provided no information as regards the measures taken to secure the prohibition and elimination of the worst forms of child labour with respect to each of the clauses (a) to (d) of this Article. The Committee therefore asks the Government to indicate, for each of the clauses (a) to (d), the measures taken or envisaged to secure the prohibition and elimination of the worst forms of child labour with regard to all persons under the age of 18.

The Committee notes that, under Article 3(c), the Government’s reports refer to provisions of the Criminal Code punishing illicit production and possession of a narcotic, psychotropic or toxic substance and its precursor, and trade with such substances, as well as dissemination of addiction to drugs, involving a person under the age of 18, but that it gives no information concerning the use, procuring or offering of a child for illicit activities. The Committee asks the Government to indicate which provisions, if any, prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to indicate the measures taken to secure the prohibition and elimination of such illicit activities involving children under the age of 18, in conformity with this Article of the Convention.

The Committee takes note of the concluding observations of the Committee on the Rights of the Child dated 23 October 2000 (document CRC/C/15/Add.140, paragraphs 49 and 50) expressing the concern that "Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism". It also notes communication No. ELS/CH dated 16 November 2001 received from the International Confederation of Free Trade Unions (ICFTU) submitting comments on the application, among others, of the worst forms of child labour Convention in Slovakia. The Committee notes in particular the statement by the ICFTU that:

Trafficking of women and girls for the purposes of forced prostitution is a serious problem. [According to the ICFTU report,] The Slovak Republic is a source, transit and destination country for the trafficking of women and children for the purposes of forced prostitution. The victims come to the Slovak Republic from poorer central and eastern European countries, and Slovak women are reportedly trafficked to western Europe. The extent of the problem is unknown, but observers suggest that it is much greater than the number of documented cases.

The Committee asks the Government to communicate its observations on these comments.

Article 4, paragraph 1. The Committee notes the provisions of section 175(3), of the new Labour Code, according to which "lists of work and workplaces that are prohibited to an adolescent employee and to an employee at an age approximating the age of an adolescent employee, as well as more detailed conditions under which an adolescent employee may perform such work for reason of preparing for a vocation, shall be established by a government regulation". The Committee also notes from the Government’s second report that a list of work and workplaces that are prohibited to an adolescent employee in accordance with the relevant directive of the EU is being prepared by the Government, in conformity with section 175(3) of the new Labour Code. The Committee notes that the Government refers in its first report to the abovementioned governmental resolution No. 32/1967 and to a series of specific governmental regulations. It asks the Government to indicate if the organizations of employers and workers concerned have been consulted prior to the determination of the types of work referred to under Article 3(d), in conformity with these provisions of the Convention, and to supply a copy of all relevant legal texts mentioned in the Government’s reports and the list or work and workplaces that are prohibited to an adolescent employee in accordance with the relevant directive of the EU.

Paragraph 2. The Committee notes from the Government’s first report that the central state administration bodies (ministries) and the National Labour Inspectorate are competent to identify where the types of work determined by virtue of Article 4, paragraph 1, exist. The Committee asks the Government to indicate the measures taken by these authorities to identify where the types of work so determined exist and to communicate the results, and to indicate if the organizations of employers and workers concerned were consulted beforehand.

Paragraph 3. The Committee notes from the Government’s first report that the lists of types of work prohibited to juveniles, including departmental lists of types of work and workplaces prohibited to juveniles are regularly reviewed on the basis of new scientific and technological knowledge, in accordance with the abovementioned governmental resolution No. 32/1967. It notes that central authorities, acting in agreement with the Slovak Republic Ministry of Public Health, shall issue in their respective departments lists of types of work and workplaces that are prohibited for juveniles, and provide for updating and modification of the lists in accordance with new scientific and technological knowledge. It notes, furthermore, that all employers must, in accordance with the list of types of work and workplaces, prepare lists of types of work that are prohibited to juveniles, review them as necessary, and provably familiarize juvenile and other employees with such lists. The Committee asks the Government to indicate how the list of the types of work determined under paragraph 1 of this Article has been periodically examined, if the employers’ and workers’ organizations concerned have been consulted on this matter and to provide a copy of any revised list.

Article 5. The Committee notes the information communicated by the Government in its first report according to which the National Labour Inspectorate and its subordinated labour inspection units monitor compliance with regulations on safety and protection of health at work in accordance with Act No. 95/2000, Collection of Laws on Labour Inspection. The Committee notes that this Act was repealed by virtue of section 255, paragraph 1, of the abovementioned Act No. 311/2001, Collection of Laws - Labour Code. It therefore asks the Government to indicate which mechanisms have been established or designated to monitor the implementation of provisions giving effect to this Convention, and to communicate detailed information to them as well as information on their functioning, including any extract of reports or documents, in conformity with the requirements of this Article. Moreover, the Committee asks the Government to indicate if the employers’ and workers’ organizations were consulted beforehand.

Article 6. The Committee notes the information communicated by the Government in its first report according to which there are presently no programmes of action in the Slovak Republic toward removal of the worst forms of child labour, as the relevant legal regulations and international agreements binding upon the Slovak Republic sufficiently eliminate the potential occurrence of the worst forms of child labour in the country. The Committee recalls that paragraph 1 of this Article of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour. In view of the concern expressed by the ICFTU over the existence of trafficking in children particularly for the purpose of sexual exploitation (see Article 3 above), the Committee asks the Government to indicate which measures it intends to take to design and implement such programmes of action as a matter of urgency, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee draws the Government’s attention to Paragraph 2 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), according to which such programmes should aim at, inter alia, identifying and denouncing the worst forms of child labour, preventing the engagement of children in or removing them from the worst forms of child labour, (…) giving special attention to younger children, the girl child, the problem of hidden work situations, in which girls are at special risk and other groups of children with special vulnerabilities or needs, and identifying, reaching out to and working with communities where children are at special risk (…). In this respect, the Committee notes from the Government’s report that a programme has been established by the Ministry of Education for the upbringing and education of Roma children and pupils. It asks the Government to communicate further information on this programme and on the results attained.

Article 7. The Committee notes the information communicated by the Government in its reports concerning the criminal offences and penal sanctions related to the worst forms of child labour. Its asks the Government to indicate the measures taken in accordance with paragraph 1 of this Article to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, and to communicate information concerning the application of the penal sanctions referred to in the Government’s report. It also asks the Government to indicate the measures taken in accordance with paragraph 2 of this Article with regard to each of the clauses (a) to (e) of this paragraph and, if any of the measures are time-bound, to specify the time frame. As regards paragraph 3 of this Article, the Committee notes that the Government refers to Act No. 95/2000, Collection of Laws on Labour Inspection, which, as already noted above, was repealed by virtue of section 255, paragraph 1, of the abovementioned Act No. 311/2001, Collection of Laws - Labour Code. Consequently, the Committee asks the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.

Article 8. The Committee notes from the Government’s first report that, at the time of the report (July 2001), no measures had been taken in view of international cooperation and/or assistance aimed at giving effect to the provisions of the Convention. Referring to the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in particular to its Paragraphs 11 and 16, the Committee draws the Government’s attention to the importance of such international cooperation and/or assistance in the identification and elimination of the worst forms of child labour, and requests it to communicate information on the steps taken or envisaged to give effect to this Article.

Part III of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part IV. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the Slovak Republic, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V. The Committee asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.

The Committee asks the Government to indicate and to supply a copy of national laws and regulations which give effect to the new Labour Code in relation to the provisions of the Convention and of the Criminal Code as amended by Act No. 421/2002, Coll. and Act No. 171/2003, Coll.