Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 206 of the Criminal Code which prohibits the trafficking of children for sexual or labour exploitation, for exploitation in slavery, forced labour, use in armed conflicts, and for use in criminal activity; and section 207 of the Criminal Code which prohibits the transportation of a child abroad using falsified documents or by other illegal means. The Committee had requested the Government to indicate the definition of the term “child” as used under sections 206 and 207 of the Criminal Code. The Committee notes the Government’s information that though the term “child” is not expressly defined for the purpose of the Criminal Code, it refers to persons under the age of 18 years, as per the national legislation. According to the provisions of the Law on child’s rights No. 38-XIII of 1994 and the Law on citizenship, a person is considered to be a child from the moment of birth up to the age of 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee had requested the Government to indicate the definition of the term “minor” as used in section 208 (prohibiting the encouragement of minors into immoral acts) and section 220(2)(a) (penalties for the offence of pimping committed against a minor). The Committee notes the Government’s information that the term “minor” is used to express the same notion as “child” which means persons under the age of 18 years, according to national legislation.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes the Government’s statement that the penalties for offering and using children for the production of pornography is envisaged in section 206 of the Criminal Code. According to section 206 of the Criminal Code, trafficking in children, which includes recruitment, transportation, transfer, sheltering, or giving or receiving a child, receiving payments or benefits in order to obtain the consent of the person who is in control of the child, for the purpose of commercial or non-commercial sexual exploitation, prostitution and use in the pornography industry, carries a penalty of imprisonment from ten to 15 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 208 of the Criminal Code forbids the instigation of minors into criminal activities and that section 217 prohibits the production and trafficking of drugs and psychotropic substances. It had requested the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs. Noting the absence of information on this point, the Committee once again asks the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs constitutes a crime within the meaning of section 208 of the Criminal Code.

Clause (d). Hazardous work. Self-employed workers. Noting that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract, the Committee had requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing hazardous work. The Committee notes the Government’s indication under Convention No. 138 that it is in the process of amending the Labour Code. The Committee encourages the Government to take the necessary measures to amend the relevant provisions of the Labour Code in order to ensure that children under 18 years of age carrying on an economic activity outside an employment contract, such as self-employment, are protected from hazardous work, in accordance with Article 3(d) of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that within the ILO/IPEC project entitled “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, research on the occupational safety and health aspects of hazardous work by children in agriculture was carried out from February to June 2007. It also notes that according to the ILO/IPEC Progress Report on the above project (page 7), in October 2005, the employers’ organization in agriculture launched a survey on child labour in the horticultural sector and signed a declaration against child labour in the agricultural sector. The Committee requests the Government to provide information in respect of the existing hazardous work performed by persons under 18 years in the agricultural sector, as per the results of the ILO/IPEC research on hazardous work by children in agriculture and the survey conducted by the employers’ organization in agriculture.

Article 5. Monitoring mechanisms. Centre for combating trafficking in human beings. The Committee notes the Government’s information that it established, in 2005, a centre for combating trafficking in human beings within the Ministry of Internal Affairs. The centre which aims to work effectively in the area of combating trafficking in human beings comprises the specialists from the Ministry of Internal Affairs, General Prosecutor’s Office, Information and Security Service, Centre for Combating Economic Crimes and Corruption, Customs Service, and Border Control Service. It also notes the Government’s information that the centre registered 61 cases of trafficking in children in 2006, and 28 cases of trafficking in children during the first six months of 2007. It further identified and dismantled 20 trafficking and illegal migration groups.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to combat trafficking in persons. The Committee had previously noted that the National Plan of Action to combat trafficking in persons was approved by Government Decision No. 1219 of 2001. According to the ILO/IPEC Progress Report of March 2006 (page 3), on combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine, phase I, the Government of Moldova approved in August 2005, the second National Plan of Action for preventing and combating trafficking in human beings for the period of 2005–06. The Committee requests the Government to provide information on the implementation of the Second National Plan of Action to combat trafficking in human beings and its impact on eliminating child trafficking.

Article 7, paragraph 1. Penalties. 1. Penalties for trafficking in children. Following its previous comments, the Committee notes the Government’s information regarding the number of persons convicted for the offences related to trafficking in human beings. According to this data, in 2006, a total number of 173 persons were convicted for crimes related to trafficking of persons, out of which seven persons were convicted for trafficking in children. Among the 173 convicted, 67 persons were sentenced to imprisonment, 59 persons were fined, seven persons were acquitted, and for the others the penalties were either suspended or lifted based on general pardon. Out of the 80 persons convicted for the offences related to trafficking of persons during the first five months of 2007, two persons were convicted for trafficking in children. Among the 80 persons convicted, 22 were sentenced to imprisonment, 52 persons were fined and for six persons the penalties were suspended. 

2. Penalties in general. The Committee notes the Government’s information on the application of the provisions of sections 167 (slavery and slave-like conditions), 168 (forced labour), 208 (involvement or encouragement of minors in criminal activities), 210 (pimping) and 302 (begging). According to the data collected by the Ministry of Internal Affairs, in 2006, 136 cases under section 208 were registered, out of which 40 were committed against minors. For the period of the first seven months of 2007, 69 cases under section 208 were registered, out of which 17 were committed against minors. Out of the 136 cases registered in 2006, 125 cases were directed to the courts and out of the 69 cases registered in the first seven months of 2007, 53 cases were directed to the courts.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education and Youth followed a strict monitoring of the school enrolment and school drop-out rates which resulted in a decrease in the number of children not attending school (224 children during the school year 2006–07 as compared to 438 children during 2005–06). The school drop-out rates were also reduced from 297 children during the school year 2005–06 to 141 children during 2006–07. It also notes the Government’s information that the Ministry of Education and Youth has issued instructions to the General Municipal/District Departments on Education, Youth and Sports to take urgent measures to improve the child schooling situation. These measures include: establishing joint commissions comprising the mayor, local counsellors, schoolmasters, members of parents’ groups, and policemen; organizing visits by this joint commission to the places where children not attending school and children at risk of abandoning school are residing; monitoring the education system; and filing cases against parents who prevent their children from going to school. It further notes with interest the Government’s indication that as part of the ILO/IPEC technical assistance project (combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine), during the period from 2005 to 2007, a total of 18,381 children from five ILO/IPEC target areas were reached through education and job counselling support, psychosocial services, information sessions against the worst forms of child labour, and back-to-school programmes supported by multidisciplinary professionals. The Committee requests the Government to continue providing information on the impact of the measures taken by the Ministry of Education and Youth to reduce school drop-out rates and increase the school enrolment rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that Moldova participated in the first phase (2004–06) of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, with three other countries: Albania, Romania and Ukraine. The Committee notes with interest the information contained in the ILO/IPEC Progress Report, 2006 (page 10), that an Action Plan within this project, namely “Improvement in care of child victims of trafficking and their long-term reintegration” was implemented in five ILO/IPEC areas in Moldova, which resulted in 25 children being withdrawn from trafficking, out of which 21 children were provided with non-educational services, and four children provided with educational services. This project has entered its second phase for the period from 2006 to 2009 covering the abovementioned four countries. The project aims to contribute to the reduction and elimination of trafficking and other worst forms of child labour through upscaling the already developed ILO/IPEC models relating to prevention, identification, and rehabilitation and thereby increasing the number of direct beneficiaries. The Committee requests the Government to provide statistical data on the number of children removed and rehabilitated from the worst forms of child labour, in particular from child trafficking as a result of the implementation of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee once again requests the Government to supply a copy of the Government Decision No. 233 of 2001 on certain measures to reduce such social phenomena as begging, vagrancy and street children. It also requests the Government to provide information on the impact of the measures taken pursuant to the above Act on protecting street children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that it is seeking EU funds for creating a new computer program for the management of data/information system generated by the Labour Inspection Department. This new software will consist of a separate component covering all information related to child labour, and its worst forms. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries, and statistical data 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.