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

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 304 of the Penal Code prohibits engaging “minors” in criminal activity, drinking alcohol, begging or gambling. Section 307 of the Penal Code prohibits the illegal production, making, purchasing, storage, transportation, sending or sale of narcotics, psychotropic substances or their analogues. Subsections (2) and (3) provide for a higher penalty when this offence is committed by engaging a “minor” and a “young child”. The Committee had requested the Government to indicate the definition of the terms “minor” and “young child” for the purpose of these provisions of the Penal Code. The Committee notes the Government’s information that the term “minor”, according to the Penal Code, applies to all persons under 18 years, and the term “young child” applies to all persons under the age of 14 years.

Article 3(d). Hazardous work. Self-employed workers. The Committee had previously noted that section 190 of the Labour Code prohibits the employment of persons under the age of 18 years in heavy duties, work in harmful or dangerous working conditions, work related to lifting and carrying things the weight of which exceeds the limits established for these persons, as well as in underground work. Noting that the scope of application of the Labour Code did not seem to cover self-employed persons, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years of age from work which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s information that the use of minors in hard work and work in harmful and dangerous conditions is prohibited in all enterprises, establishments and organizations regardless of their form of property and sector.

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 had previously noted that, pursuant to section 35 of the Law on Education, the State ensures free and compulsory complete general secondary education. However, it had noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 60) was concerned at the increase in drop-out rates in secondary and vocational education and at regional disparities in the number of educational establishments with rural areas being at a particular disadvantage. It had also noted that, according to the Government, in 2004, units in charge of minors’ affairs and other competent authorities found that 16 per cent of 50,500 children from economically and socially disadvantaged families did not attend school and 27 per cent were vagabonds. The Committee notes the Government’s information that a number of informal education methodologies, such as “peer-to-peer”, and educational programmes, such as “Step by Step”, “Critical thinking” and “Economic education for Children”, have been introduced in order to improve the education of children. According to data provided by the Service on Child Affairs, 8,085 children in Ukraine who did not go to school were identified in September 2005, and 7,050 children in 2006. They include children placed in orphanage centres for social and psychological rehabilitation. It notes with interest the Government’s information that, out of those 7,050 children, 3,223 (46 per cent) were reintroduced to school. The Committee requests the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates. It also requests the Government to continue to provide updated statistical information on school enrolment rates and drop-out rates.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. Following its previous comments, the Committee notes that, according to the ILO/IPEC Final Technical Progress Report of the National Programme for the prevention and elimination of the worst forms of child labour in Ukraine of 8 December 2006, in 2006, 60 teachers/practical psychologists and social workers were trained on how to provide direct services based on ILO/IPEC Supporting Children’s Rights through Education, Arts, and Media (SCREAM) methodology. A series of extra-curricular activities based on the SCREAM methodology were organized for targeted children (child victims of trafficking and vulnerable children) in Donetsk and Kherson regions. The SCREAM methodology was also used by the practical psychologists and teachers working in schools, shelters and institutions of the pilot regions. The Committee notes that, according to the ILO/IPEC Final Report, 354 children have been prevented and 1,167 withdrawn from child labour, including its worst forms, through the provision of educational services and training opportunities. Moreover, 1,155 children have been prevented from child labour, including its worst forms, through the provision of other non-education related services.

Clause (d). Identifying and reaching out to children at special risk. Street children and other vulnerable children. Following its previous comments, the Committee notes with interest that the Government has taken a number of measures to address the situation of street children and other vulnerable children. These include:

(a)   the approval in 2006 of the “State Programme to Combat Child Homelessness and Neglect for 2006–10”, which recognizes child labour as a factor for child homelessness as it pushes children into the streets and aims at assisting families and children of families with parents not able to fulfil their obligations;

(b)   approval in 2006 of “The Concept Programme on Reforming the Boarding System for Child-Orphans and Children Deprived of Parental Care”, aimed, inter alia, at restructuring boarding schools and promoting foster care;

(c)   adoption in June 2007 of the Law on the “State Programme/National Action Plan to Implement the Convention on the Rights of the Child until 2016” which focuses, among others, on psychological education, medical and economic assistance to vulnerable children; and

(d)   introduction in 2005 of the system of social family monitoring in order to help families in difficult situations and prevent the social orphanage (23,069 families with 48,432 children were monitored in 2006).

The Committee also notes the Government’s information that, as a result of the improved state control over parents and the way they fulfil their obligations and the development of the family-type of education of orphans and children deprived of parents’ care, the number of street and homeless children in the country has diminished from 12,200 in 2005 to 11,700 in 2006. In addition, as a result of the reform of the child protection system for orphans and children deprived of parental care, the number of child care homes increased. Moreover, each year the state agencies have increased the monitoring of vulnerable families. In 2006, about 80,000 inspections were conducted in order to identify vulnerable families. In the same year, more than 9,300 families and 7,000 parents were registered for prevention purposes. The number of criminal cases conducted for flagrant violation of the duties relating to the education of children amounted to 749 in 2005, and to 746 in 2006.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, during the inspections carried out in 2005–06 by the Goznadzortrud (authority within the Ministry of Social Labour and Social Policy which monitors the compliance of labour legislation), violations of legislation were identified with respect to 335 minors, mainly involved in overtime or night work. On the basis of the results of inspections, 995 orders were issued in order to eliminate the violations. In addition, 68 employers have been subject to administrative penalties. Documents relating to 143 inspections have been transmitted to the Prosecutor’s Office in order to take to court employers violating labour legislation related to minors. The Committee also notes with interest the Government’s information that since 2005 the Goznadzortrud has participated in the implementation of the ILO/IPEC project “Institutional Development of Labour Inspection for participation in the System of Child Labour Monitoring in two pilot regions – Donetsk and Kherson regions”. Under this project, the following results have been achieved: (a) 14 workplaces of labour inspection have been equipped both in the headquarters and pilot regions; (b) an integrated database has been created regarding working children identified during inspections; (c) labour inspectors have been trained; (d) workplaces in both the formal and informal economy have been monitored; and (e) contacts have been established with other services, such as the Service on Child Affairs, in order to gather information on child labour.

The Committee finally notes the Government’s information that in the period 2005–06, a total of 40 cases were documented relating to the offences described in section 150 of the Penal Code (illegal exploitation of child labour). In the same period, criminal cases were documented against 175 individuals regarding section 304 of the Penal Code (engaging minors in criminal activity, drinking alcohol, begging or gambling). Moreover, in 2005, 2,743 cases were registered under section 317 of the Penal Code (organizing or running a place for the illegal use, production or making of narcotics and psychotropic substances) related to crimes committed by adults against children. In 2006, 2,662 of such cases were documented.