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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that a new Criminal Code was adopted in 2004. It also notes the adoption of Law 272/2004 on the protection and promotion of children’s rights, which contains, inter alia, a chapter on protection of the child against any form of abuse, neglect or exploitation, including sexual or economic exploitation of any sort, drug use, kidnapping or any other forms of child trafficking. The Committee asks the Government to supply a copy of this law.

Article 3. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the Child Labour Report of 2003, drawn up by the Ministry of Labour in collaboration with ILO/IPEC, Law No. 678/2001 on the prevention of and fight against trafficking in human beings provided for specific sanctions for trafficking in minors and child pornography. The Committee had requested the Government to confirm whether Law No. 678/2001 was actually in force and to provide any other relevant information on recent measures taken to combat the trafficking of children. The Committee notes the Government’s information that Law No. 678/2001 is in force. The Committee also notes that section 205 of the new Criminal Code prohibits trafficking in minors, which is the activity of "procuring, transporting, conveying, lodging or taking over a person aged 15 to 18 in order to exploit that person". Subsection (2) provides for a higher penalty when the offence is committed against a person under the age of 15. Section 207 defines the term "exploitation of a person" used in section 205 as "the exaction of forced labour; keeping in slavery or other similar means of deprivation of freedom; coercion to prostitution, pornographic performances in order to produce and disseminate pornographic materials or other forms of sexual exploitation; obligation to practice begging; extraction of organs". The Committee takes due note of this information.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that section 235 of the new Criminal Code prohibits procurement defined as "the act of encouraging or facilitating the practice of prostitution or of acquiring benefits from the practice of prostitution by another person as well as the act of recruiting a person for prostitution or coercing a person to practise prostitution". Subsection (3) provides for a higher penalty when this offence is committed against a minor. The Committee requests the Government to indicate the definition of the term "minor" used in section 235 of the Criminal Code.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted that, according to the Child Labour Report Romania 2003, Law No. 196/2003 on the prevention and fight against pornography prohibited involving, forcing, determining or using minors in activities with an obscene character. The Committee had asked the Government to confirm whether this law was actually enacted and in force. The Committee notes the Government’s information that Law No. 196/2003 has been modified by Law No. 496/2004 which has been enacted and in force. It also notes that section 237 of the new Criminal Code prohibits child pornography defined as "the act of displaying, selling or disseminating, renting, distributing, manufacturing or producing in any other manner, transmitting, offering or making available or of possessing in order to disseminate child pornography material". Section 238 prohibits child pornography through computer systems. The Committee also notes that subsection (2) of section 239 stipulates that for the purposes of sections 237 and 238, child pornography material means "any material presenting a minor having explicit sexual behaviour or an adult who is presented as a minor having explicit sexual behaviour or images that, although not presenting a real person, simulate, credibly, a minor having explicit sexual behaviour". The Committee asks the Government to provide a copy of Law No. 496/2004.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously requested the Government to indicate whether the national legislation prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties. The Committee notes that section 368 of the new Criminal Code prohibits the use of a child in begging and section 369 punishes persons who urge or facilitate the begging of minors or have benefits from it. The Committee also notes that sections 386-389 deal with a range of drug-related offences, including the acts of cultivating, producing, offering, selling, distributing, transporting, buying, possessing or other operations with drugs and precursors as well as supplying toxic chemical inhalants to a minor.

The Committee further notes the Government’s information that, according to Law No. 143/2000 on preventing and combating the use and traffic of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee requests the Government to provide a copy of this law. It also asks the Government to indicate the definition of the terms "child" and "minor" for the purpose of sections 368 and 369 of the Criminal Code.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that section 13(5) of the Labour Act states that employment in difficult, harmful or dangerous workplaces can be carried out after reaching the age of 18 years old, and that these workplaces shall be established by a Government Decision. It had also noted that section 184(1) of the General Norms of Labour Protection provides that young persons must be protected against risks specific to their health, safety and development, and risks which result from their lack of experience, absence of awareness of existing risks or the fact that young persons have not yet fully matured. The Committee had further noted that the General Norms of Labour Protection list a number of activities prohibited for persons under the age of 18. The Committee had requested the Government to indicate the measures taken or envisaged to protect young persons under 18 from work that may be harmful to their morals. It had also asked the Government to inform it of developments regarding the adoption of any regulation under section 13(5) of the Labour Code. The Committee notes the Government’s indication that the list of dangerous categories of work is currently under elaboration and, after consultation with the employers’ and workers’ organizations, it shall be subject to a Government Decision. The Committee trusts that the Government, in elaborating the list of hazardous types of work, will give due consideration to relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). It requests the Government to keep it informed on the progress made in adopting the list of hazardous types of work and to provide a copy of it once it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where the types of hazardous work determined exist. The Committee notes the Government’s information that the Government Decision No. 1769/2004 on approving the National Action Plan for the elimination of children’s exploitation by work was adopted. According to this plan, the labour inspection, together with other institutions and organs, is involved in the following actions:

-  creating, testing and finalizing a unique mechanism of monitoring the workplaces, educational institutions and geographical areas with the risk of exploitation of children;

-  consolidating already existing mechanisms for the fight against exploitation of children;

-  organizing training programmes;

-  using information and communication campaigns on the dimension, the nature and the implications of the worst forms of child labour.

The Committee asks the Government to continue to provide information on the implementation of the National Action Plan as well as other measures taken to identify where the types of work determined as hazardous exist, as required by Article 4, paragraph 2 of the Convention.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on details of the mechanisms to enforce the provisions of the Criminal Code relevant to the worst forms of child labour. The Committee notes the Government’s detailed information on the activities of the General Directorate of the Bucharest Police. In particular, it notes that the following cooperation documents were concluded: cooperation protocol on preventing and counselling the victims of trafficking in persons between the Police Inspectorate of the Bistrita Nasaud County and a number of NGOs; and cooperation protocol on preventing the trafficking in persons between the Police Inspectorate of the Bistrita County and the School Inspectorate of the Bistrita Nasaud County, the General Directorate for Social Assistance and Child Protection of this County and a number of NGOs. The Committee also notes the Government’s information that a project "Cooperation between the public and private sectors regarding the prevention of trafficking and sexual exploitation of children in hotels and tourism" has been launched by the Institute for Crime Research and Prevention, the Organization "Save the children", the National Association of Tourism Agencies, the Federation of Romanian Hotels, OSCE and the Organization "Respect" of Austria.

The Committee further notes an Inter-Ministerial Group against Trafficking was established by Government Decision 299/2003 under the National Committee for Crime Prevention. This group meets on a monthly basis and its objectives include: analysis of causes, structure, state and dynamics of trafficking; proposals for modifying the legislation; support of local programmes on preventing and combating trafficking. It also notes that a Sub-Group for Preventing and Combating Trafficking in Children was established in 2003. The Committee asks the Government to continue to provide information on the activities of the monitoring mechanisms to enforce the provisions relevant to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The National Plan of Action for Preventing and Combating Trafficking in Children for 2004-2007. The Committee notes the Government’s information that a National Plan of Action for Preventing and Combating Trafficking in Children for 2004-2007 was adopted by Government Decision No. 1295/2004. Its main objectives are: evaluation and analysis of the current dimensions of trafficking in children; identification of the shortcomings of the legal framework, the issues regarding the law enforcement and proposals for improving it; information of the population about the risks involved and awareness raising; development of the services system for supporting vulnerable families, especially in the high risk illegal migration areas; establishment of a national network for protection, rehabilitation and social integration of child victims of trafficking; training of personnel that deal with this issue; secure border control; national and international cooperation on preventing and combating child trafficking and protection of victims. The Committee asks the Government to keep it informed on measures taken to effectively implement this plan of action and on its impact on preventing and eliminating the trafficking of children under the age of 18.

2. The National Plan on Preventing and Combating Child Sexual Abuse and Child Sexual Commercial Exploitation for 2004-2007. The Committee notes the Government’s indication that a National Plan on Preventing and Combating Child Sexual Abuse and Child Sexual Commercial Exploitation for the period 2004-2007 was approved by Government Decision 1504/2004. It asks the Government to provide more detailed information on this national plan and its impact on preventing and combating the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s detailed information on the number of criminal cases investigated by the police. It asks the Government to keep it informed on the practical application of the penal sanctions for the offences related to the worst forms of child labour, in particular, as provided in sections 205, 235, 237, 238, 368, 369, 386 and 387 of the Criminal Code.

Article 7, paragraph 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 notes that, according to the Report submitted to the Commission on Human Rights by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit (E/CN.4/2005/78/Add.2 of 26 January 2005, paragraphs 32-34), 1,034 unaccompanied Romanian children were repatriated in 2003 from 25 European countries, mostly form Italy, France, Belgium, Germany and Austria. Four hundred and two of them were interviewed and 93 stated they were victims of trafficking. Most of the trafficked children are between 15 and 17 years old. Girls are mainly trafficked for sexual exploitation and boys for labour exploitation. The Committee also notes the Government’s information that measures are being taken to provide for the rehabilitation and social integration of child victims of trafficking. For instance, 127 child victims of trafficking were assisted in 2004, out of which 33 boys and 94 girls. The Committee nevertheless must express its concern over the number of children trafficked for sexual or labour exploitation. It reminds the Government that the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 7, paragraph 2(b) of the Convention, member States are required to take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee accordingly invites the Government to redouble its efforts to improve the situation. It asks the Government to provide information on progress made in this regard.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously noted that, according to the Comprehensive Child Labour Report Romania of 2003, compulsory education had been extended from 8 to 10 years by Law No. 268/13 of June 2003, modifying Education Law No. 84/1995. It had requested the Government to provide further details regarding Law No. 268/13 of June 2003, and to supply a copy of it. Noting the absence of information on this point, the Committee once again requests the Government to provide a copy of Law No. 268/2003.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that access to education for Roma children had been facilitated by the Ministry of National Education, in compliance with Order No. 4562/1998. It had also noted that the Foundation ECHOSOC (NGO), in collaboration with the Ministry of Education and Research, UNICEF and the PHARE programme, was responsible for the implementation of a programme in order to remove Roma children from the streets and to rehabilitate them. The Committee had requested the Government to supply further information on this educational initiative for Roma children, especially in relation to its aim of preventing the potential occurrence of the worst forms of child labour, together with any other measures taken to protect and rescue Roma children from the worst forms. The Committee notes the Government’s information that Roma families and implicitly their children benefit from the guaranteed minimum income, grants-in-aid for large families and grants-in-aid for single parent families. It also notes the Government’s indication that the Specialized Public Services for Child Protection will run specific programmes for Roma children and families aimed, inter alia, at: providing social assistance and psychological counselling services for economically exploited children; training of Roma women on health issues; support for professional training and orientation for young Roma people; social reintegration of children in difficulty; prevention of HIV/AIDS infection and other sexually transmitted diseases; prevention of drug use among street and Roma children. The Committee asks the Government to provide further information on the implementation of these programmes and other time-bound measures taken to protect Roma children from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. Child victims of commercial sexual exploitation. The Committee notes that, according to the Report submitted to the Commission on Human Rights by the Special Rapporteur on the sale of children, child prostitution and child pornography, Juan Miguel Petit (E/CN.4/2005/78/Add.2 of 26 January 2005, paragraphs 43-45), growing information and attention is being paid to internal trafficking, triggered by the growing visibility of prostitution. Sex services are widely advertised and girls under the age of 18 in the hands of mafia rings are involved in prostitution. Women and girls are being sold from pimp to pimp and the next step for many of these girls and young women is international trafficking. They are forced into prostitution in Romania for one or two years and, once they believe they are not worthy human beings and prostitution is their only option, they are considered "ready" for being trafficked abroad. The Committee expresses its serious concern over the growing number of girls being involved in commercial sexual exploitation. It requests the Government to redouble its efforts to improve the situation. The Committee also asks the Government to provide information on the effective and time-bound measures taken to provide direct assistance to girls under the age of 18 who are victims of commercial sexual exploitation and the impact of such measures on their rehabilitation and social integration.

Article 8. International cooperation and assistance. The Committee notes the Government’s information on a number of activities undertaken by the Romanian authorities in the framework of Agreement between the Romanian Government and the French Government "on cooperation with regard to the protection of the Romanian children in difficulty on the French territory and on their return in the country of origin and fight against the exploitation networks" signed in 2002. In particular, it notes that in 2004 the National Authority for Child’s Rights Protection initiated a National Interest Programme aimed at the protection of repatriated children and child victims of trafficking. This programme was funded by the state budget and ran during 2004 and the first trimester 2005. Ten transit centres for the protection and assistance of repatriated unaccompanied children and victims of trafficking were established with a total capacity of 107 accommodations. The Committee also notes that in 2005 the National Authority for Child’s Rights Protection launched a second National Interest Programme in order to extend and improve the functioning of the national specialized services network on protection and assistance of repatriated unaccompanied children and child victims of trafficking. The Committee further notes the Government’s indication that agreements with Italy and Spain on the issues of illegal migration and trafficking in children are under legal proceedings for signing. The Committee requests the Government to keep it informed of developments regarding the signing of these agreements.

Parts IV and V of the report form. The Committee notes the Government’s statistical information on the number of minors who engage in prostitution and who are victims of the offence of procuring. It notes that in 2004 the number of child victims of procuring decreased by 57.7 per cent as compared to 2003. The Committee also notes the statistical data on child victims of trafficking, including the main purposes of trafficking (prostitution, begging, thefts and illegal work) and the main countries of destination of victims. It notes that 313 cases of trafficking in persons were investigated in 2004 and 683 such cases were investigated during the first trimester of 2005, of which 83 per cent were cases of external trafficking. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports, 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, investigations, prosecutions, convictions and penalties applied.