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

The Committee takes note of the Government’s first report and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that section 375A(a) of the Penal Law 5737–1977 (Penal Law) amended by the Prohibition of Trafficking in Persons (Legislative Amendments) Law, 5766–2006 (Prohibition of Trafficking in Persons Law) makes it an offence for anyone to hold a person under conditions of slavery for the purposes of work or services, including sex services. By virtue of section 375A(b), if the offence is committed against a minor, the penalty is higher. The Committee observes that the Penal Law does not define the term “minor”. It therefore requests the Government to clarify the meaning of the term “minor” as employed in this Law, given that the Convention defines “child” in Article 2 to mean a person under the age of 18.

2. Sale and trafficking of children. The Committee notes that section 376B(a) of the Penal Law, amended by the Prohibition of Trafficking in Persons Law, makes it an offence for anyone to cause another person to leave the State in which they live for the purpose of engaging the person in prostitution or to hold that person under conditions of slavery. Section 376B(b) provides for a higher penalty where the offence is committed against a minor. The Committee furthermore notes that section 377A(a) of the Penal Law, amended by the Prohibition of Trafficking in Persons Law, makes it an offence for “anyone to carry on a transaction in a person for one of the following purposes” or in so acting to place the person in danger of one of the following: (i) subjecting the person to slavery; (ii) subjecting the person to forced labour; (iii) instigating the person to commit an act of prostitution; (iv) instigating the person to take part in an obscene publication or obscene display; (v) committing a sexual offence against the person. By virtue of section 377A(b), if the offence is committed against a minor, the penalty is higher. According to section 377A(d) of the Penal Law, “transaction in a person” means selling or buying a person or carrying out another transaction in a person, whether or not for consideration.

3. Forced or compulsory labour. The Committee notes that section 376 of the Penal Law, as amended by the Prohibition of Trafficking in Persons Law, makes it an offence for anyone who unlawfully forces a person to work, by using force or other means of pressure or by threat of one of these, or by consent elicited by means of fraud, whether or not for consideration.

4. Forced recruitment of children for use in armed conflict. The Committee notes the information provided by the Government that the 1986 Defence Service Law, 5746-1986, was amended in 2004 to restrict compulsory recruitment to people over the age of 18. In this regard, the Committee notes that, according to the declaration formulated by the Government in its initial report on the Optional Protocol to the United Nations Convention on the Rights of Child on the Involvement of Children in Armed Conflict to the Committee on the Rights of the Child, section 14 of the defence service law (consolidated version), 5746-1986, states that the minimum age in which the State of Israel permits voluntary recruitment into its armed forces is 17 years of age, after reliable proof of age is provided. In order to ensure that such recruitment is not forced or coerced the Government maintains the following safeguards: (1) the written consent of both the minor and the parents or legal guardian; (2) provision of a clear explanation of the nature of the duties involved in military service to the minor and the parents, which in no case will involve being posted to combat duty; and (3) reliable proof of age provided by the Ministry of Interior’s official national population registry. Moreover, the Government states that persons under 18 years of age, who enlist in one of these ways, may in no case be posted to combat duty. The Committee requests the Government to provide a copy of the Defence Service Law No. 5746–1986 as amended in 2004.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that sections 199, 201, 202 and 209 of the Penal Law are related to prostitution, in particular to the procurement, the instigation and the solicitation of a woman to this end. Under the terms of section 199(a)(2) of the Penal Law, when the woman in respect of whom the offence is committed is under 18 years of age or is the daughter or stepdaughter of the offender or where they are her guardian, the offender is liable to stiffer penalties. The Committee observes that the Penal Law contains several provisions prohibiting the commercial sexual exploitation of women but does not appear to prohibit the commercial sexual exploitation of men. In this respect, the Committee recalls that Article 3(b) of the Convention requires the prohibition of the use, procuring or offering of both girls and boys under the age of 18 years for prostitution. It requests the Government to take immediate and effective measures to give effect to the Convention on this point and to adopt appropriate penalties. Furthermore, the Committee requests the Government to provide a copy of the Penal Law 5737‑1977, together with its latest amendments.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that according to information available on Interpol’s web site, the Penal Law makes it an offence for a person to use a minor for advertising an obscene matter or act. Parents or a guardian committing the same offence are liable to stiffer penalties. Moreover, it notes that section 214(a) of the Penal Law makes it an offence for a person who does one of the following: (1) sells, possesses, prints or otherwise reproduces any obscene matter for sale, hire or distribution; (2) exposes to view in a public place, or distributes for exhibition in a public place, any obscene matter; (3) carries on or takes part in any business for the sale, publication or exhibition of any obscene matter; (4) advertises or makes publicly known by any other means that a person is engaged in the sale, printing, reproduction, exhibition or distribution of any obscene matter or that any obscene matter can be directly or indirectly procured from any person. Apart from the use of children in advertising, the Penal Law does not appear to prohibit the use, procuring or offering of a child in the production or distribution of pornography or participation in pornographic performances. The Committee requests the Government to indicate whether there is such a legal prohibition. If not, the Committee requests the Government to introduce such a prohibition, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication that this worst form of child labour is illegal and that the law enforcement authorities are entrusted with the responsibility for taking measures to secure the prohibition and elimination of these worst forms of child labour. It observes that the Government does not mention the legal provisions prohibiting this worst form of child labour. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting and penalizing the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, and in the affirmative, to provide a copy of the legislation.

Article 3(d) and Article 4, paragraph 1. Hazardous work and determination of these types of work. The Committee notes that under the terms of article 7 of Youth Labour Law, 5713–1953 (Law No. 5713–1953), the Minister of Labour and Social Welfare may, by means of regulations, prescribe that a juvenile – a person under the age of 18 years – who has not yet attained a certain age shall not be employed in work that, in the opinion of the Minister, is likely to prejudice the health, well-being or physical, educational, spiritual or moral development of the juvenile. It also notes that, according to section 6 of Law No. 5713–1953 the types of hazardous work are determined by national legislation. Moreover, the Committee notes that the Addendum of the Youth Employment Regulations (Prohibited Employment and Restricted Employment) No. 5756–1995 establishes a list of hazardous work activities and conditions of work. Finally, the Committee notes that other laws restrict hazardous activities, such as the Work Safety Ordinance (New Version) No. 5730-1970, the Apprenticeship Law No. 5713‑1953 and the Youth Employment Regulations (Employment of a Child in a Performance or Advertisement) No. 5759-1999.

Article 6. Programmes of action. The Committee notes that, in its concluding observations in October 2002, the Committee on the Rights of the Child (CRC/C/15/Add. 195, paragraphs 60 and 61) had noted the establishment of an inter-ministerial and inter-organizational committee to combat the commercial sexual exploitation of minors, its activities, and the involvement of non-governmental organizations in this area. However, the Committee on the Rights of the Child had expressed its concern that these and other efforts have so far had a limited impact and had recommended that Israel take all the necessary measures to increase the effectiveness of these efforts to address the commercial sexual exploitation of minors. The Committee notes the Government’s indication that the problem of the worst forms of child labour in Israel is “marginal”. However, the Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires the ratifying member States to take measures to ensure that such forms of child labour do not arise in the future. The Committee therefore requests the Government to provide information on the measures taken to develop programmes of action to prevent the worst forms of child labour, in particular as regards the commercial sexual exploitation of children, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that sections 199, 201, 202, 209, 214, 375A, 376, 376B, 377A, 377B of the Penal Law establish effective and dissuasive penalties for the breach of provisions prohibiting: all forms of slavery; the sale and trafficking of children; forced or compulsory labour; and the use, procuring or offering of a woman for prostitution. The Committee also notes that Law No. 5713-1953 provides for penalties. Firstly, by virtue of sections 33 and 33A, imprisonment might be imposed in case of employing a juvenile in dangerous activities and employing juveniles in contravention of certain conditions imposed by Law No. 5713-1953, such as hours of work or mandatory medical examinations, among others. Moreover, sections 33C and 33D establish fines for the violation of other child labour-related rules. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee takes due note that, according to the 2008 Education for All UNESCO Report entitled “Education for All by 2015 – Will we make it?” (2008 EFA UNESCO Report), Israel achieved the universal primary enrolment goal in 2005, as well as the gender parity goal in both primary and secondary education levels. However, the Committee notes that according to data from the UNESCO Institute for Statistics of 2006, the school enrolment rate at the secondary level is 89 per cent for girls and 88 per cent for boys. Moreover, the Committee notes the information provided by the Government that approximately 11 per cent of Arab teens and 2 per cent of Jewish teens between the ages of 14 and 17 do not attend schools supervised by the Ministry of Education. The Government also indicates that twice as many immigrant children drop out of school than non-immigrants. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the operation of the education system, particularly by increasing the school enrolment rate and lowering the school drop-out rate at the secondary school level, especially among Arabs teens and immigrant children. It requests the Government to provide information on the results attained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. In its report, the Government indicates that trafficking in minors does not constitute a major problem in Israel. However, it also indicates that in some cases, victims are under the age of 18 years. The Committee takes due note of the information provided by the Government that “Maagan”, the shelter for victims of trafficking was opened in February 2004 and operates under the responsibility and supervision of the Ministry of Social Affairs. The shelter’s aim is to help women cope with their trauma. To that end, the shelter is guarded 24 hours a day and maintains a direct contact with the local police station. The Committee requests the Government to provide information on the effective and time-bound measures adopted to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking as well as on the results achieved. It also asks the Government to provide information on the measures taken by the “Maagan” shelter, and possibly others, to ensure the rehabilitation and social integration of such children.

Clause (d). Identifying and reaching out to children at special risk. Children who have been affected by armed conflict. The Committee notes that according to the UN Secretary-General’s report on children and armed conflict of December 2007 (A/62/609-S/2007/757, paragraphs 78–93), “reports … suggest that Shabak, Israel’s security agency, continues to seek to recruit Palestinian children to be used as collaborators inside prisons or upon their release”. “Furthermore, [the Israel Defence Forces (IDF)] continue to force civilians, often minors, to enter potential zones of conflict before the soldiers in order to clear the area or limit casualties, although the Israeli Supreme Court has ruled that practice to be illegal.” The Committee also notes that, according to the UN Secretary-General’s report, “there were five cases of abduction, involving 10 children, registered by the United Nations during the reporting period”. Three of them were attributed to the IDF. Moreover, the report indicates that “schools and hospitals continue to be attacked or occupied by both the IDF and Palestinian armed groups, in some instances resulting in the killing or injury of children. There were at least ten incidents where IDF soldiers attacked schools (both Palestinian Authority and United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) schools). In five of those attacks, Israeli soldiers used tear gas and sound bombs or stun grenades inside the schools. On 18 November 2006, in an UNRWA-run school in Beit Lahia, two students, aged 7 and 12, were shot and injured inside the school by IDF”. The Committee urges the Government to take the necessary measures to ensure that children under the age of 18 will not be used as collaborators inside prisons nor recruited or forced to enter potential conflict zones. It also requests the Government to provide information on the effective and time-bound measures adopted for the rehabilitation and social integration of children who are effectively removed from these activities.

Part V of the report form. Application of the Convention in practice. Nothing that the Government does not provide any information on the practical application of the Convention, the Committee requests it to supply copies or extracts from official documents including studies and inquiries and to provide information 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. To the extent possible, all information provided should be disaggregated by sex.