Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that Act No. 3189/2003 amends section 121 of the Penal Code thereby making it illegal to use, procure or offer a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 23 of Act No. 3459/2006 prohibits the use of a child for the production and trafficking of drugs. It notes, however, that the procuring or offering of a child for the production and trafficking of drugs is not covered by the same provisions. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to prohibit the procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

2. Causing or allowing a child to be used for begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits, among other things, the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee does not consider that this prohibition sufficiently meets what is required by the Convention. It must prohibit the use and the procuring of a child for the illicit activity of begging. The prohibition must also apply to children under 18. The Committee notes in the Government’s report that Children Services carry out patrols and controls on a daily basis to deal with the issue of child beggars. Noting the absence of a legal provision prohibiting the use, procuring or offering of a child for the illicit activity of begging, the Committee once again requests it to take the necessary measures to prohibit the use, procuring or offering of children under 18 years for illicit activities, including for begging.

Article 5. Monitoring mechanisms. Police. The Committee notes in the Government’s report that the Hellenic Police operates two electronic crime prosecution agencies, referred to as Electronic Crime Prosecution Units (ECPU): one based in Athens and one based in Thessaloniki. The ECPUs have full technological equipment and are staffed by officers and police personnel with special knowledge, who are continuously under training by participating in domestic and international seminars concerning electronic crimes. They cooperate closely with other bodies such as the Public Prosecutor and hotline representatives with the common objective of combating child pornography and they also provide instruction and counselling through mass media to parents and children aimed at protecting children. Police personnel with special knowledge and know-how monitor the Internet in order to find users trafficking in child pornographic materials and to gather information on technological content so as to identify and prosecute them. In March 2008, a three-day international training seminar was held jointly by the International Centre for Missing and Exploited Children, Interpol, the US FBI, Microsoft and the non-governmental organization “To Hamogelo tou Paidiou” (Smile of the Child). This “Crimes Against Children with the Use of Technology, and Dealing with the Phenomenon of the Trafficking in Child Pornography Over the Internet” training seminar was carried out by a team of nine specialized scientists, in which 75 police officers from detective police agencies throughout the country and 17 officers from ten countries and Interpol participated. Its conclusions, experiences and good practices improved the way Greek agencies treat cases of exploitation and abuse of children. Furthermore, it also assisted the Smile of the Child in creating, with headquarters in Athens, a Balkan Centre for Missing, Exploited Children and Trafficking in Children. The Committee requests the Government to continue providing information on the measures taken by the electronic crime prosecution agencies to combat child pornography and the results achieved.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Action plan against human trafficking. The Committee requested the Government to provide information on the impact of the action plan to combat human trafficking in so far as the trafficking of children is concerned. In particular, it asked the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in guest homes and shelters and rehabilitated. The Committee notes in the Government’s report that since September 2002, the Anti-trafficking Squad of the Public Safety Division (PSD), Hellenic Police Headquarters (HPH), operates within the Attica and Thessaloniki detective police divisions in specialized vice squads, with the appropriate training and equipment. Since late 2005, 14 other anti-trafficking squads, which undergo training at all stages of their education, have been established, thereby extending the coverage to the whole country. The Committee further notes that to facilitate the handling of cases of human trafficking, the PSD/HPH forwarded to all Hellenic police agencies the Circular Order of the Chief of the Hellenic Police in Relation to the Application of the Law on Combating the Trafficking in Human Beings. Also, in order to facilitate the investigation by the officers, a form containing special questions is sent to all the services of the country. Victims of human trafficking receive a bulletin, which has been translated into 13 languages, regarding their rights as victims. The Committee also notes the adoption and implementation of the Amber Alert Hellas programme, which helps to locate missing children. The Committee notes the statistics regarding the number of victims of human trafficking found in 2007. Of the 99 victims detected, the majority of them (43) were of Romanian origin; a total of four victims were minors: one each from Lithuania and Nigeria and two from Romania.

Finally, the Committee notes the concerns expressed by the Human Rights Committee, in its concluding observations (CCPR/CO/83/GRC, 25 April 2005, paragraphs 10 and 17), that Greece is a main transit route for trafficking in human beings, as well as a country of destination and, though efforts have been made, concern remains regarding the reported lack of effective protection of the victims, many of whom are women and children, including witness protection mechanisms. Concerns were also raised regarding the reported neglect of the situation of unaccompanied minors seeking asylum or illegally residing in the country. The Committee requests the Government to provide more information on the impact of the actions taken by the Anti-trafficking Squad of the Public Safety Division, Hellenic Police Department, in so far as the trafficking of children is concerned. In particular, it asks the Government to continue indicating the number of child victims of trafficking under 18 years of age who have been detected by the Anti-trafficking Squad. The Committee shares the concerns of the Human Rights Committee over the situation of trafficking of children in Greece and consequently requests the Government to redouble its efforts in providing effective protection, including witness protection, to the child victims of human trafficking, particularly regarding the reported neglect of unaccompanied minors seeking asylum or of those illegally residing in the country.

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. The Committee previously noted that according to section 46 of Act No. 3386/2005, a residence permit shall be granted to a third country national who has been characterized as a victim of trafficking by the Public Prosecutor. The Committee also noted that section 49 provides for measures of assistance and aid to victims of trafficking during the deliberation period (period enabling the victim to recover) of 30 days which shall be further extended in the case of under-age victims. The Committee requested the Government to provide information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act as well as to Presidential Decree No. 233/2003. The Committee notes in the Government’s report that by virtue of section 44, subsection (1), paragraph (c), of Act No. 3386/2005, upon the decision of the Ministers of the Interior and of Employment and Social Protection, a residence permit is issued for reasons of a humanitarian nature to persons who are offered hospitality in institutes and charitable legal entities, including unaccompanied children under 18 years of age who are third country nationals. The Committee notes that only one residence permit was issued to a child victim of trafficking between 2006 and 31 May 2008 in the framework of the application of section 46 of Act No. 3386/2005. The Committee notes, moreover, the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its concluding observations (E/C./12/1/Add.97, 7 June 2004, paragraph 18), that there is a high number of trafficked women and children who are subjected to forced labour and sexual exploitation, and who are often deported to their countries of origin rather than being granted a residence permit, reportedly in an expeditious manner and without the necessary procedural safeguards. The Committee requests the Government to redouble its efforts in assisting child victims of trafficking by providing them with all the necessary and direct assistance for their removal from forced labour and sexual exploitation and for their rehabilitation and social integration. It also requests the Government to continue providing information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act or any other legislative provisions.

Clause (d). Children at risk. Street children. In its previous comments, the Committee noted the concerns expressed by the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraphs 72–73) at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18, working in the street are protected from the worst forms of child labour, and have access to education. The Committee, though noting the absence of information on this point in the Government’s report, notes the concerns expressed by the Committee on Economic, Social and Cultural Rights, in its Concluding Observations (E/C/12/1/Add.97, 7 June 2004, paragraphs 19, 23 and 28) (CESCR), on the absence of statistical data regarding the extent of homelessness in Greece. However, according to the information received by the CESCR, an alleged approximate number of 5,800 children below the minimum working age of 15 years are illegally employed in the streets. The CESCR also expressed concern that a high percentage of Roma and Turkish-speaking children are not enrolled in school, or drop out at a very early stage of their schooling. As street children are at a higher risk of being exploited, the Committee requests the Government to redouble its efforts to protect these children from the worst forms of child labour. The Committee also requests the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18years of age working and living on the street, particularly Roma children, are protected from the worst forms of child labour, in particular by: (a) preventing children from becoming street children; (b) providing the necessary and appropriate direct assistance to remove children from the street; and (c) ensuring their rehabilitation and social integration, including their access to education.

Article 8. International cooperation. The Committee notes in the Government’s report that representatives of the general secretariat for the Public Order of the Ministry of the Interior participate in international meetings to strengthen international cooperation and to exchange information with actors such as the EU, the UN, Europol, Interpol, the Southeast European Cooperative Initiative (SECI), the Adriatic and Ionian Initiatives and the Initiative for the Black Sea and Euxine Sea. These representatives also participate and organize international operations, including: (a) the Police Operation LIDA, during the Hellenic Chairmanship of the EU, whose results were very positive according to Europol; (b) in the framework of the SECI centre, Greece, as a member state, carried out police operations “MIRAGE” in 2002–04, whose objectives were to combat human trafficking and illegal migration. In frontier areas (Albania, The former Yugoslav Republic of Macedonia and Bulgaria), meetings with police divisions are also held to combat the cross-border phenomenon in these locations. The Committee also notes that the HPH cooperates and participates in meetings and conferences with other jointly competent bodies including various ministries, agencies, bodies, NGOs, the IOM and foreign embassies. It also participates in the Special Lawmaking Commission of General Secretariat Ministries (Commission) for the purpose of monitoring and coordinating the combating of human trafficking. The members of this Commission, along with twelve NGOs and the IOM signed an MOU with the same objectives. In the framework of its actions, the Commission also signed an Agreement between Greece and Albania on the protection and assistance to children who are victims of human trafficking. The Committee further notes that the Ministry of the Interior and the HPH organized operational actions code named “ILAERA”, commenced in December 2006 in the presence of Mr Franco Frattini, then Vice-President of the European Commission in charge of justice and interior issues, to combat the trafficking of women and children for the purposes of commercial sexual exploitation; this operation has since been put under his authority. There are a total of 22 countries (both EU and non-EU States) and four IOs (Europol, Interpol, Eurojust and Frontex) who participate in ILAERA. It aims at the substantial, coordinated and effective action of all the bodies involved because, if done individually, they are not sufficient. The ILAERA plan consists of both domestic and international cross-border aspects, operates with both a preventive and suppressive mandate and is developed on the basis of two parameters: (a) the Operational (Police–Judicial) Action for the disruption of organized networks of international character and the release of victims; and (b) the provision of assistance and protection to the victims. Domestically, a table-top exercise with all the bodies involved was held in April 2007; at an international level, experts from participating countries met twice in Athens in December 2006 and May 2007 to process the text that will become the Plan for Cross-Border Cooperation of the Police–Judicial Authorities. The Committee requests the Government to provide information on the progress made in adopting the Plan for Cross-Border Cooperation of the Police–Judicial Authorities. In the event that it has already been adopted, the Committee requests the Government to provide information on the impact of this plan in combating trafficking of children between its member States.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to specify how many cases and court decisions are related to children under 18 involved in the worst forms of child labour. The Committee notes in the Government’s report some types of crimes regarding the worst forms of child labour for which some statistics for the years 2006, 2007 and the first five months of 2008 exist: (a) the exploitation of minors in begging; (b) trafficking in human beings; (c) trafficking for purposes of slavery; and (d) procuring. In 2006, 19 crimes involving the exploitation of minors in begging were detected, of which two victims were Greek nationals and 18 were foreign. In 2007, there were six such crimes detected and ten foreign victims; in the first five months of 2008, three such crimes were detected, claiming five foreign victims. In 2006, there was one crime involving the trafficking of human beings detected, in which the two victims were both Greek nationals. Also in 2006, one case of trafficking for purposes of slavery was detected involving one foreign victim. In the first five months of 2008, one case of procuring was found involving one Greek national victim. The Committee requests the Government to continue providing statistics on crimes related specifically to children under 18 years of age involved in the worst forms of child labour. It also requests the Government to indicate the penalties imposed on the persons convicted for using, offering or procuring children under 18 years of age in the worst forms of child labour.