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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also noted that the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour and the territorial inspectorates) supervise compliance with legislation concerning youth; and the Ministry of Health, Social and Family Affairs specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee had requested the Government to provide further information on the functioning of the above mechanisms. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information on the functioning of the National ILO Council and the mechanisms established under the Ministry of Employment and Labour and the Ministry of Health, Social and Family Affairs for the monitoring of implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

Police. The Committee notes the Government’s information that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. It notes the existence of a separate unit within the National Investigating Bureau for the investigation of international affairs of trafficking in human beings. The Committee also notes that within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for exploring preparations for or traces of criminal offences, especially child pornography. The Committee also notes that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee requests the Government to indicate the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programmes launched by the police. The Committee had previously noted the programme entitled Drug, Alcohol, Tobacco and Aids Programme (DADA) launched by the police, and aimed at teaching safety to children of the age
group 8–16. The Committee notes the Government’s information that a new version of this programme entitled ELLEN-SZER dealing with certain forms of drug consumption, sexual exploitation and ill treatment is also operational at the secondary school level. It also notes the Government’s information that the police established cooperation with civil organizations and other state child protection institutions and launched several targeted programmes for strengthening the protection of children and minors. The Committee requests the Government to provide further information on these programmes and their impact on eliminating the worst forms of child labour.

2. Action plan for child victims of trafficking. The Committee notes the Government’s indication that an action plan was issued in 2005 for the law enforcement bodies of the Ministry of the Interior on their tasks in preventing, reducing and assisting victims of human trafficking with special attention to children. The Committee notes that the country participated in the awareness-raising campaigns of the International Organisation for Migration (IMO) aiming at the prevention of trafficking. The Committee requests the Government to provide detailed information on the concrete measures taken under the Action Plan of 2005 to prevent and reduce the trafficking of children and assist child victims of trafficking. The Committee also requests the Government to provide information on the results achieved.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that, according to Decree No. 218/1999 (XII.28) on Certain Offences, a person who violates the provisions regarding the prohibition of the employment of minors in hazardous work may be sanctioned by a fine of Hungary Forint (HUF) 100,000. It also notes the Government’s indication that, by virtue of Act LXXV of 1996 on labour inspection, the inspector may, during labour inspection, impose a fine of between 5 and 30 million HUF with regard to a breach of law concerning one employee, and a fine of between 8 and 30 million HUF with regard to a breach of law concerning more than one employee.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes the Government’s indication that according to section 70/F(2) of Act XX of 1949 on the Constitution of the Republic of Hungary, and subsection (3) of section 3 of Act LXXIX of 1993 on public education, as amended, primary education is free and compulsory from the age of 6 to 18 years.

2. Welfare services. The Committee notes the Government’s indication that, pursuant to the amendment of Act XXXI of 1997 on child protection and guardianship administration, a regular child protection allowance affecting 650,000 children was introduced, which means entitlement for several allowances such as free or discounted meals, textbook subsidies, subsidized tuition fees and student residence fees, as well as financial assistance. It also notes the Government’s information that the “Sure Start Programme” was established targeting families having children between the age group of 0–6 years and who are living in disadvantaged areas, villages or urban residence areas. The aim of this programme is to reduce poverty by supplying day care to children having health and other social problems and also helping their families. The Committee notes the Government’s information that this programme was launched in five geographical areas where municipal disadvantages are accompanied with other risks of social exclusion, and that many local governments, institutions and civil organizations declared to launch this programme in their own municipalities. The Committee takes due note of this information.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that consular assistance is provided to victims of human trafficking. It notes that the consul shall inform the victim about the assistance to be provided by the consular service in notifying the relatives and about the special opportunities offered by the penal procedure and victim protection programme in Hungary. The consul, while dealing with victims in special situations or cases which needs special expertise for proper assistance, shall contact the governmental and civil organizations which perform victim protection tasks in the country of origin of the victim, in order to obtain information about the methods adopted and types and extent of assistance provided by such organizations in similar cases. The Committee also notes the Government’s indication that, since April 2005, a safe shelter for protection and assistance to victims of criminal offences, especially trafficking in human beings, is in operation in Hungary. The consul, in cooperation with the several ministries of the State, the International Organization for Migration and the Hungarian Baptist Aid, ensures safety, support and the necessary assistance to facilitate the return of victims who were transferred to the shelter to their home. The Committee requests the Government to indicate the number of child victims of trafficking withdrawn and rehabilitated pursuant to the abovementioned assistance provided by the consular service.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes the Government’s information that there is a home for children without accompanying adults in Nagykanizsa, which provides protection to children who are asylum seekers. These children are taken care of by immigration employees who are trained to deal with the special needs of children.

Parts IV and V of the report form. The Committee notes the statistics provided by the Government on the number of criminal offences committed against minors under 18 years. According to this data, the number of criminal offences of child trafficking was two in 2004, and six in 2005; violation of personal freedom 94 in 2004, 111 in 2005 and 22 in the first quarter of 2006; procuring, 19 in 2004, 16 in 2005 and 6 in the first quarter of 2006; pornography, 4,285 in 2004, 905 in 2005 and 21 in 2006; drug abuse, 7 in 2004, 6 in 2005 and zero in the first quarter of 2006. With regard to penal sanctions imposed, the Committee notes the Government’s indication that for the offences related to pornography, 27 defendants were sentenced in 21 cases in 2004 and 63 defendants sentenced in 45 cases in 2005; and, for offences related to drug abuse, 87 defendants were sentenced in 64 cases in 2004 and 109 defendants were sentenced in 76 cases in 2005. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.