Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report and the communication of the Confederation of the Free Trade Unions of Ukraine (KSPU) for the period from 31 May 2004 to 31 May 2005 received with the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the communication of the KSPU, there are reported cases of children being sold into slavery abroad. The Committee also notes that, according to the ILO/IPEC publication entitled "Child trafficking - the people involved. A synthesis of findings from Albania, Moldova, Romania and Ukraine", 2005 (pages 14-15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Ukraine has a history of large-scale irregular migration through the country since the disintegration of the Soviet Union and the liberalization of procedures governing entry and exit. The number of people crossing the undemarcated borders has increased significantly. The publication further states that, according to a survey conducted in Ukraine, the children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee further notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation.

The Committee observes that section 149 of the Penal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are, in practice, prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibition on the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the communication from the Federation of Trade Unions of Ukraine (FTUU), dated 23 August 2002, to the effect that there were cases of the use of children for prostitution or pornography in Ukraine and that this not only concerned young people of 15 years of age, but also children of 10 years of age. The Committee also notes that, according to the more recent communication of the KSPU, children in Ukraine are involved in the worst forms of child labour and, in particular, in prostitution, pornographic activities and the sex industry. The Committee further notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the growing involvement of children in the sex industry.

The Committee observes that section 301 of the Penal Code punishes persons who import, make, transport, sell or distribute pornographic images or other items or compel others to participate in their making. Subsection (3) provides for a higher penalty for compelling minors to participate in the making of pornographic works, images, motion pictures, video films or computer programmes. The Committee also observes that section 302 of the Penal Code prohibits creating or running brothels and trading in prostitution. Subsection (3) provides for a higher penalty for engaging a minor in such activities. The Committee further notes that section 303(3) of the Penal Code makes it an offence to compel minors to engage in prostitution.

The Committee observes that although the national legislation prohibits the commercial sexual exploitation of children, it remains an issue of concern in practice. The Committee expresses its concern over the growing involvement of children under the age of 18 in commercial sexual exploitation in Ukraine. It reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also asks the Government to take the necessary measures to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee asks the Government to provide information on progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programme on child trafficking. The Committee had previously noted the regional programme with ILO/IPEC launched in 2002 relating to child trafficking in the Balkans and Ukraine entitled "Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine". This programme comprises two phases. Phase I concerns the identification of a strategy for concerted action through a situation analysis of existing responses in selected geographical areas. During this first phase, assessment surveys were conducted by national research organizations in four target countries, namely the Republic of Moldova, Romania, Ukraine and Albania. Phase II concerns the implementation of a comprehensive programme to combat the trafficking of children in the Balkan region and Ukraine particularly through preventive and reintegration measures. The Committee notes the Government’s information that during Phase II, a national seminar was organized in May 2004 on the strategic planning of the implementation of the programme in Ukraine. As a result of this seminar, the expected outcome of the programme and the means of providing assistance to child victims of trafficking were defined. Moreover, two regions (Hersonskaya and Donetskaya oblasts) decided to carry out pilot projects in 2005-06 aimed at creating and testing mechanisms to monitor the worst forms of child labour, including the sale and trafficking in children. The Committee requests the Government to continue providing information on the concrete measures taken to implement Phase II of the ILO/IPEC regional programme on child trafficking, as well as their impact in terms of providing for the rehabilitation and social integration of child victims of trafficking.

2. Programme to combat the commercial sexual exploitation of children. The Committee notes the Government’s information that in July 2004 Ukraine signed an agreement of cooperation with ECPAT International ("End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes") on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation is to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. The Committee requests the Government to provide information on the implementation of this national programme as well as the results achieved with regard to combating the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. The Committee notes that, according to the ILO/IPEC publication entitled "Child trafficking - the people involved. A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine", 2005 (page 64), the Ministry of Internal Affairs of Ukraine has prepared 14 intergovernmental agreements on cooperation against organized crime that regulate, among other things, trafficking in persons. These include agreements with Turkey, Israel, Poland, Hungary, France, Sweden, Romania and Republic of Moldova. In 1998 and 1999 such agreements were signed with the United Kingdom, the former Yugoslav Republic of Macedonia and the Czech Republic. These multilateral and bilateral agreements promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking. The Committee requests the Government to provide information on the impact of the above agreements on eliminating the trafficking of young persons under 18 for labour or sexual exploitation.

The Committee is also addressing a request directly to the Government concerning other detailed points.