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

Article 3 of the Convention. 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 requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s information that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs shall be dealt with under section 117 of the Juvenile Courts Act. According to the Government, section 117 of the Juvenile Courts Act deals with criminal offences investigated by special police officers for juveniles, and provides that the prosecution of adult perpetrators of these criminal offences committed against children and minors will be tried by juvenile courts. The Committee notes, however, that the offences covered by section 117 of the Juvenile Courts Act do not include the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee also notes the Government’s information on the role of the police officials in suppressing and preventing drug abuse by children, but does not make any reference to the use of children for the production and trafficking of drugs. The Committee once again reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Therefore, the Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

Article 3(d). Hazardous work. Self-employed workers. Noting the provisions of section 8 of the Labour Act (section 13(1) of the consolidated text), which states that “employment commences by a labour contract”, the Committee had requested the Government to indicate the measures taken to ensure that self-employed children under 18 years of age also benefit from the protection laid down in the Labour Act. 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 measures taken or envisaged to ensure that children under 18 years of age who are working without an employment relationship, such as self-employed children are protected against the types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. In this respect, the Committee encourages the Government to adapt and strengthen the labour inspection services with regard to self-employed children or children working in the informal sector.

Article 5. Monitoring mechanisms. 1. State inspectorate. The Committee notes the Government’s statement that in 2006, the labour inspectors for labour relations carried out 48 inspections during which they discovered 130 violations relating to about 58 minors employed in activities such as catering and tourism, retail sales, bakery, construction and services. Among these, two of them were found working as waitress or chefs in nightclubs/disco clubs. The other illegalities detected in the employment of these minors were related to overtime work and night work. In 2007, the labour inspectors conducted 55 inspections during which they discovered 163 violations relating to the employment of about 84 minors. Among the 163 violations, three minors were found working in hazardous conditions (one in a bakery and two for plumbing jobs); three minors were engaged in firefighting activities; 13 children were found working in a nightclub/bar; and few other violations were related to overtime and night work. The Committee notes the Government’s statement that the labour inspectors initiated misdemeanour proceedings against the employers and persons responsible for the above violations. It also notes the Government’s information that the labour inspectors also issued decisions forbidding employers from giving overtime and night work to minors. For the year 2006, 31 such decisions were issued by the labour inspector and in 2007, 28 decisions were issued.

The Committee further notes the Government’s information that in 2006, the labour inspectors for occupational safety and health discovered two minors engaged in jobs requiring special conditions (electrical installation and kitchen work), and detected six minors who sustained injuries while working in a butchery, power plant, chemical laboratory, bakery and a garage. In 2007, the labour inspectors for occupational safety and health discovered seven violations of the provisions relating to the working conditions of minors, out of which four minor workers were found working as circular saw operators, one assembling shelves at over 3 metres high, one plumber, and one working in a bakery. The Committee requests the Government to continue providing information on the inspections carried out both by the labour inspectors for labour relations as well as for occupational safety and health and on the number and nature of violations detected with regard to minors under the age of 18 years.

2. Children’s Ombudsman. The Committee had previously noted that the Children’s Commissioner (Ombudsman) Law of 18 June 2008, established a children’s ombudsman who is responsible for the coordination, promotion and protection of the human rights of children, as well as monitoring the implementation of the regulations and national programmes on children’s rights and looking into their infringement and violations. The Committee notes the Government’s statement that pursuant to the provisions of section 12 of the Children’s Commissioner Law, all state administration bodies, local and regional self-government units, legal entities and natural persons have the obligation to provide to the Ombudsman for Children the accessibility and insight into all data, information and files concerned with the rights and protection of children. The Government also states that the labour inspectorate also complies with this provision and provides the Ombudsman with reports on their work. The Committee further notes that the Ombudsman for children is also monitoring the measures and activities of the competent bodies focused on suppressing trafficking in children. It finally notes the Government’s information that, in 2006, the Office of the Children’s Ombudsman acted in a total of 828 cases concerning the violations of children’s rights and received 11 reports on violations of children’s rights in the areas of catering and small businesses. The Committee encourages the Government to continue to provide information on the findings of the Children’s Ombudsman, in particular, with regard to children under 18 years of age involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan for the Prevention of Trafficking of Children of 2005. The Committee notes that the Government of Croatia’s Office for Human Rights (Office for Human Rights) is responsible for the implementation of the National Plan for the Prevention of Trafficking of Children of 2005 (National Plan of 2005). The Committee notes the Government’s information that according to the report of the Office for Human Rights, in 2006, the following steps were taken in terms of protecting children from trafficking within the National Plan of 2005:

(a)   A shelter, which was fully equipped and staffed by experts, was opened for child victims of trafficking. This shelter provided legal, psychological, medical, and social assistance to child victims of trafficking as well as their access to education.

(b)   County coordinators for implementing and coordinating activities in individual cases of trafficking in children were appointed. These coordinators were trained in carrying out tasks linked to preventing trafficking in people, particularly children.

(c)   The Ministry of Health and Social Welfare along with the Ministry of Interior provided immediate assistance and protection to each child who were identified as victims of trafficking.

(d)   A television promotional video aimed at suppressing trafficking in children was launched in 2006.

(e)   Training sessions to deal with child victims of trafficking were held for doctors, health workers, Ministry of Interior staff, students of the Judicial and Diplomatic academies, and representatives of the media and civil society organizations.

(f)    Seminars entitled “Protecting the victims of trafficking in people” were organized for the professional staff of social welfare centres.

(g)   Brochures and badges bearing the motto “Not for sale” were distributed to all high school students, and another brochure for pre-school students was also prepared.

The Committee also notes the Government’s information that discussions with the aim of raising awareness of the danger of trafficking in children, particularly within high risk groups, such as the Roma community were organized by the association on “Roma for Roma” in cooperation with the Office of the Ombudsman, the Office for Human Rights, the Office for Migration, and Social Work Study Centre. The Committee finally notes the Government’s information that according to the report of the Office for Human Rights, in 2006, 12 victims of trafficking in people were identified, of whom two were minors. The Committee requests the Government to continue providing information on the implementation of the National Plan of 2005 and its impact on the elimination of the worst forms of child labour, in particular the trafficking of children. It also asks the Government to indicate the number of child victims of trafficking under the age of 18 years who were rehabilitated and integrated by the shelter established for this purpose.

2. National Plan for the rights, interests and well-being of children,
2006–12. The Committee notes the Government’s information that the National Plan for the rights, interests and well-being of children, 2006 (National Plan of 2006), which contains 124 measures and activities in 15 areas provides for the systematic improvement of the situation of children’s rights and offers them the best protection of their interests as possible. It also notes the Government’s information that the objectives of this National Plan of 2006, among others, include the prevention and protection of children from all forms of abuse, including economic exploitation and hazardous work. The Committee also notes the Government’s information that the National Plan of 2006 provides for an obligation to draw up proposals to amend the legal regulations related to the employment of children by the end of 2008 with the aim of protecting children from economic exploitation and employment or work which is harmful to their health and development. The Committee requests the Government to provide information on the impact of this National Plan of Action on eliminating the worst forms of child labour.

Article 7, paragraph 2. Clause (a). Preventing the engagement of children in the worst forms of child labour. Roma children. Following its previous comments, the Committee notes the Government’s information that several measures to improve the status of Roma children’s education have been implemented in Croatia. The Government states that funds for the education of Roma children at all levels have been increased and that teachers who speak the Roma language have been recruited as classroom assistants in order to help Roma children integrate into the schools. The Committee notes the Government’s indication that the low level of knowledge among the Roma children and the lack of support from Roma parents are the main causes for the low enrolment and school drop-out rates among Roma children. In order to overcome these difficulties, the Government has undertaken the following measures for the primary and secondary education of Roma children within the National programme for the Roma:

(a)   organization of classes or teaching groups according to the knowledge-level of Roma children;

(b)   organization of extended school time or extra teaching for Roma children;

(c)   encouraging the inclusion of Roma children in extracurricular activities;

(d)   encouraging Roma children to enrol in secondary education by organizing preparation sessions for enrolment;

(e)   providing scholarships for Roma students; and

(f)    financing their accommodation during their education.

The Committee notes, however, the Government’s indication that in spite of the great efforts during the past few years to include Roma children in regular education, the problems are still huge. It also notes the Government’s statement that, while at the national level 85 per cent of primary school children go on to secondary school, this proportion among Roma children is only 7 per cent of which only 3.5 per cent graduate from secondary school. While noting the measures taken by the Government, the Committee expresses its serious concern at the low rate of Roma children attending school who run an increased risk of becoming engaged in the worst forms of child labour, particularly, child trafficking. The Committee therefore, requests the Government to redouble its efforts to increase the school enrolment rates and to reduce the school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. Following its previous comments, the Committee notes the Government’s information that the police plays an active role in preventing child begging and establishing the criminal responsibility of the parents of children found begging. The Committee notes the Government’s indication that in order to undertake measures for the protection of child beggars, in December 2006, the Office of the Ombudsman organized a meeting with the representatives of the Ministry of Interior, the Zagreb police department, the Ministry of Health and Social Welfare, the Centre of Social Welfare in Zagreb and the Zagreb Municipal Court. Another meeting on the topic “Protecting Child Beggars” was also organized in January 2007 on the premises of Koprivnica-Krizevci Police Department. The Committee further notes the statistical information provided by the Government which indicates that in 2006, a total of 19 cases of violations of section 213 (forcing a child or a minor to beg) of the Criminal Code was reported and, in 2007, nine cases were reported. The data further indicates that in 2006, the total number of children and minors found begging was 86, and in 2007 it was 48 children. The Committee requests the Government to provide information on the outcome of the meetings held by the Office of the Ombudsman to prevent child begging. It also requests the Government to indicate the concrete measures taken to provide for the rehabilitation and social integration of the children found begging in 2006 and 2007 as well as the number of children that benefited from such measures. Finally, it requests the Government to indicate the penalties imposed on persons found guilty of using or forcing these children to beg.

Part III of the report form. Court decisions. The Committee notes that while though the Government states that it has sent copies of decisions by municipal public prosecution offices and rulings issued by misdemeanour courts, no such documents have been supplied. The Committee requests the Government to provide information on court decisions regarding the legislation relevant to the application of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistics supplied by the Government concerning violations related to juveniles, in particular, unlawful juvenile labour including hazardous work, night work and overtime work by juveniles, and child beggars. The Committee observes that these violations concern hazardous work only. The Committee requests the Government to provide information more specifically on children engaged in the worst forms of child labour provided for under Article 3, paragraphs (a)–(c) of the Convention, and the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.