Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that section 4 of the Labour Code prohibits forced labour. It also notes the Government’s information that section 50 of the Federal Act to amend and supplement the Act on education prohibits the exaction of labour from students and pupils of civilian education institutions, without the consent of those students and pupils and their parents or legal representatives unless it is part of the educational programme. The Committee further notes that section 127 of the Criminal Code prohibits illegal deprivation of freedom. A higher penalty is provided when this offence is committed with respect to a person known to have been a minor (defined in section 87 as a person aged 14 to 18 years). It also notes that section 127.2 of the Criminal Code prohibits the use of slave labour. A higher penalty is stipulated when this offence is committed against a minor.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 22 of the Law on military obligation and military service, male citizens aged 18 to 27 years may be called-up for military service. It also notes that section 359 of the Criminal Code prohibits the recruitment, training, financing, or other material support of a mercenary, as well as the use thereof in an armed conflict or military acts. Subsection 2 of this section provides for a higher penalty when this offence is committed with respect to a minor.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 240 of the Criminal Code prohibits drawing another person into engaging in prostitution. Subsection 3 provides for a higher penalty when this offence is committed against a minor. The Committee also notes that section 241 of the Criminal Code punishes acts directed toward the organization for the practice of prostitution by other persons, and equally the maintenance of dens for the practice of prostitution or the systematic provision of premises for the practice of prostitution. The Committee also notes the Government’s information that, under the new section 6.12 of the Code of Administrative Offences, which came into force in 2003, it is an offence to receive an income from activities associated with the engagement of others in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 242 of the Criminal Code prohibits the illicit production for the purposes of dissemination or promotion or the dissemination or promotion of pornographic materials or objects, as well as illegal trade in printed publications, film or video materials, images or other objects of pornographic character. The Committee also notes that section 242.1 of the Criminal Code punishes anyone, who, prepares, stores, or transports across the state border of the Russian Federation materials or items with pornographic images of known minors for the purposes of distribution, public demonstration, or advertising, or distributes, demonstrates, or advertises such materials, and equally involves minors as actors participating in spectacles of a pornographic nature.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 150 of the Criminal Code prohibits the involvement of a minor in the commission of a crime by means of promises, deception, threats or by other means. It also notes that section 151 of the Criminal Code deals with the offence of the involvement of a minor in the commission of anti-social acts, including vagrancy begging. The Committee further notes that sections 228-232 deal with a range of drug-related offences, including the illegal acquisition, storage, transport, production, distribution of narcotics or psychotropic substances, illegal cultivation of plants containing narcotic substances and organization of dens for the use of narcotics or psychotropic substances. Subsection 2 of section 228.1 provides for a higher penalty when the offence of illegal production and distribution of drugs is committed in relation to a known minor. The Committee requests the Government to indicate whether section 228.1 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 265 of the Labour Code prohibits persons under 18 years of age from being employed in work under harmful or hazardous conditions, in underground work, or in work the performance of which may be detrimental to their health and moral development (gaming activities, work in night cabarets and clubs and the production and transportation of and trade in alcoholic beverages, tobacco products and narcotic and toxic preparations). This section further prohibits employees under the age of 18 years from carrying or moving heavy objects in excess of the maximum norms established for them. The Committee also notes that section 268 of the Labour Code prohibits night work and overtime work for such employees. The Committee further notes that a list of arduous jobs and jobs with harmful or dangerous working conditions in which persons under 18 may not be employed has been established by Government Decree No. 163 of 25 February 2000 (as amended by Government Decree No. 473 of 20 June 2001). The list consists of 2,198 occupations in industry (such as coal, metal working, chemicals), construction, transport, agriculture, mining, underground work, etc. The Committee notes that the list was adopted following the consent of a tripartite commission.

Article 5. Monitoring mechanisms. The Committee notes that, according to sections 354-365 of the Labour Code, the Federal Labour Inspectorate carries out supervision and monitors compliance with the labour legislation and other regulations containing labour law standards by means of inspections, investigations, the issue of binding instructions and the institution of proceedings against guilty parties in accordance with the federal law. To this end, labour inspectors have the right to visit organizations and enterprises without hindrance at any time of day for the purpose of carrying out inspections; to impose on employers binding instructions to rectify violations of the labour legislation; to restore violated rights of employees; to take disciplinary action for those violations or to dismiss persons responsible; and to suspend the operation of organizations and equipment in the event of violations of labour protection requirements which create a threat to the life and health of employees, until such time as those violations have been rectified. The Committee also notes that chapter 58 of the Labour Code refers to the protection of employees’ labour rights by trade unions. To this regard, section 370 formulates that the trade unions shall have the right to monitor compliance by employers and their representatives with the labour legislation and other regulations containing labour law standards. The Committee requests the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Federal programme “Children of Russia”. The Committee notes the Government’s information that a federal targeted programme “Children of Russia” for 2003-06 was approved by Government Decree No. 732 of 3 October 2002. Under this programme, various measures are being implemented, including the following, relevant to this Convention:

–      provision of the compulsory level of basic general education for the maximum possible number of children and young people;

–      organization of vocational training for minors;

–      development of a system of social institutions under various different government departments for the rehabilitation of children who have been subjected to the worst forms of child labour; and

–      preventive work with families and children in high-risk groups.

The Committee requests the Government to provide information on the achievements and impact of this federal programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 127, 127.2, 150, 151, 240 and 242.1 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: illegal deprivation of freedom; use of slave labour; engaging minors in criminal activity; involvement of a minor in begging; drawing minors into engaging in prostitution; distribution of pornographic images of minors and involvement of minors in participation in pornographic performances. The Committee also notes that section 143 of the Criminal Code provides for penalties of fine or imprisonment for violation of labour-protection regulations. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 74) expressed its concern at the increasing number of street children and their vulnerability to all forms of abuses and exploitation as well as the fact that these children do not have access to public health and education services. It recommended that the State Party undertake a comprehensive national survey on this matter in order to design and implement comprehensive strategies and policies to prevent and combat all kinds of abuse and exploitation. The Committee also notes that in January 2000, the Government of the Russian Federation collaborated with ILO/IPEC on a project to assess the situation of street children in St. Petersburg. This project was launched in January 2000 and scheduled for three years. According to the technical progress reports of ILO/IPEC, the project “Street children of St. Petersburg: From exploitation to education” is still ongoing. The development objective of this project is to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The key areas for interventions have been the worst forms of child labour, improvement of educational services, stimulating social dialogue and social partnership on child labour, development of new preventive and rehabilitative models.

The Committee further notes that by early 2004, 2,503 working street children (1,171 girls and 1,332 boys) have been withdrawn and 1,666 potential child labourers (798 girls and 866 boys) have been prevented from exploitative work. More than 3,700 social workers, school social pedagogues, psychologists, representatives of the local administrations, trade union activists and police officers have been sensitized on child labour and trained on how to carry out preventative and rehabilitative models. The Committee also notes that ILO/IPEC has developed a new action programme on comprehensive rehabilitative and preventive model for working street children and their families in the Nevsky district of St. Petersburg. The Committee asks the Government to keep it informed on the progress made under these programmes and on other measures taken or envisaged to protect street children from the worst forms of child labour.

Clause (e). Taking account of the special situation of girls. The Committee notes the Government’s indication that in all national plans and programmes of action relating to the application of the Convention, a gender-based approach is used and special consideration is given to the particular situation of girls. It asks the Government to provide further information on effective and time-bound measures taken to address the special situation of girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the effective elimination of the worst forms of child labour is made more difficult by the existence of a number of intractable problems. There are difficulties as regards the early identification of children drawn into the worst forms of work. Mechanisms and procedures for identifying such children require considerable adjustment. In most cases, children who are drawn into pornography, sexually exploited, or who suffer violence, are identified during investigations into other types of crime.

The Committee also notes the Government’s information that more than 2,300 inspections were performed in 2004 by regional bodies of the Federal Labour and Employment Service and by state labour inspectorates in relation to workers under 18. In the course of these inspections, more than 8,300 different violations were uncovered and redressed. According to data from the State Statistics Committee, at the beginning of 2004, there were more than 8,000 workers under 18 employed in the industrial, construction, transport and communications organizations inspected (in 2003 the figure was 20,700 and 25,200 such workers were employed in 2002). Seventy of these were working in conditions that did not meet sanitary requirements (0.9 per cent of the total), as against 390 (1.9 per cent) in 2003 and 655 (2.6 per cent) in 2002. In 2004, there were 57 minors working in raised noise, ultrasound or infrasound levels and four minors were working in workplaces with raised gas levels in the atmosphere. Some 23 minors were working in workplaces with raised dust levels and five minors were employed in heavy physical labour.

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.