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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflicts. In its previous comments, the Committee noted section 5 of the Defence Act, according to which military service is compulsory for Swedish men who have attained the age of 19 years. Noting the Children’s Ombudsman’s remark that “the Total Defence Compulsory Service Act should be amended so as to clarify that service by children under the age of 18 years does not involve the bearing of arms”, the Committee had requested the Government to keep it informed of any amendments made to it. The Committee notes the Government’s information that at present, no amendment to the Total Defence Act is envisaged. It also notes the Government’s information that according to the terms of the above Act, registration for defence service is required on attaining 18 years and reporting for defence service on attaining the age of 19 years. Hence, there is no instance of children under 18 years bearing arms, within the above Act. It finally notes the Government’s information that according to the Voluntary Defence Activities Ordinance, persons aged 14 years and above may participate in youth activities in the defence establishments. This is intended to create interest in the establishment and constitutes a part of its recruitment process, but in no way will young persons be assigned to combat duties or military services before they are 19.

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 the provisions of the Narcotic Drugs (Punishments) Act of 1968 which prohibit the transfer, manufacture, acquisition for the purpose of transfer, possession, use of, handling, procuring, offering or sale of narcotics, do not expressly cover the use, procuring or offering of a child for such activities. It also noted that the above Act prohibits the use of intermediaries between seller and buyer and other measures calculated to promote drug trading. The Committee also noted that according to the Children’s Ombudsman, at least parts of the stipulation of prohibiting the exploitation of children for drug production and trafficking should be dealt with under the new provisions of the Penal Code concerning trafficking in persons. The Committee notes the Government’s information that the production, sale and trafficking in narcotics drugs are prohibited under the Narcotic Drugs (Punishment) Act and hence no changes in the Penal Code covering children’s participation in drug-related offences is currently contemplated. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, does not appear to be specifically prohibited by the relevant Swedish legislation, the Committee once again asks the Government to indicate the measures taken or envisaged to this end.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s information that revision of the Provisions of the Work Environment of Minors (AFS 1996:1), including an update of the list of hazardous works prohibited to minors, is under way, The Committee requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18 as soon as it has been adopted.

Article 5. Monitoring mechanisms. National Criminal Investigation Department. The Committee notes the Government’s information that the quantity of child pornographic materials, as well as the number of complaints concerning child pornographic offences, has substantially increased over the past two years. In order to cope with the increased number of cases of child pornography, the National Criminal Investigation Department has assigned police officers to conduct investigations, including intelligence activities, victim identification and international contacts to combat child pornographic offences. During 2007, the National Criminal Investigation Department conducted three training courses for police officers for investigating offences related to child pornography and expects to train 50 police officers by the end of this year. The Committee requests the Government to provide information on the impact of the activities of the National Criminal Investigation Department and the police in combating offences related to child pornography. It also requests the Government to indicate the number of young persons engaged in this type of activity and the violations reported.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. With reference to its previous comments, the Committee notes the Government’s information that the National Plan of Action to Combat Commercial Sexual Exploitation of Children, operating since 1998, was renewed in 2001, and is currently being renewed for the second time. As part of the process, discussions were conducted with NGOs and other national authorities concerned so as to include in the revised National Plan, effective measures to combat the commercial sexual exploitation of children. The Committee also notes the Government’s indication that it is in the process of drafting a new Action Plan for Combating Prostitution and Trafficking in Persons, Especially Women and Children, and an Action Plan for Combating Trafficking in Persons for Forced Labour and Trade in Organs. The Committee requests the Government to provide information on the concrete measures taken pursuant to the adoption of the abovementioned national plans of action, and the results achieved following their implementation in terms of combating the prostitution and trafficking of children under 18 for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that according to the Children’s Ombudsman, “grooming” or contacting children for sexual purposes has become a common practice in Sweden. The Committee notes the Government’s information that it had ordered an inquiry into the problem of “grooming” and that the findings were presented in April 2007. It notes that the report consists of recommendations by the investigators on the various preventive measures against this practice. The Committee requests the Government to provide information on the measures adopted to prevent children from falling victim to the practice of “grooming”, and to provide information on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of prostitution. The Committee had previously noted that by virtue of section 3 of the Care of Young Persons (Special Provision) Act, the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour such as performing in sex clubs or engaging in street prostitution. It had also noted the data on the number of children receiving care under the above provision. The Committee had requested the Government to indicate how many of the children receiving care under the Care of Young Persons (Special Provisions) Act were former victims of prostitution. The Committee notes the Government’s information that child victims of sexual exploitation receive special treatment through the agency of the social services or child and youth psychiatric services. The Committee once again requests the Government to indicate the number of child victims of prostitution receiving care under the Care of Young Persons (Special Provisions) Act. It also asks the Government to continue providing information on the number of children withdrawn from prostitution pursuant to the intervention of the police or to care orders, and measures taken to rehabilitate them.

Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the detailed information provided by the Government on the activities and initiatives of the Swedish International Development Authority (SIDA). Its initiatives on the worst forms of child labour include: employment of children and young persons (supporting ILO/IPEC programmes) which focuses on increased security at workplaces where children are employed, harmful work by children and guidance to vocational training; combating various forms of trafficking (through supporting programmes by ECPAT, Anti-Slavery, UNICEF and IOM); helping children involved in armed conflicts (through supporting programmes by UNICEF, Save the Children in Uganda). In addition, SIDA is also working on preventive measures against the worst forms of child labour which include: prevention through education – by providing support to education programmes, such as Education for All (EFA), Fast Track Initiative (FTI) and the United Nations Girls’ Education Initiative (UNGEI); prevention through development of knowledge (through UNICEF, Save the Children); and prevention through social protection.

Part V of the report form. Application of the Convention in practice. Noting the absence of information on this point, the Committee once again requests the Government to provide information 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.