Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. 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 noted the Government’s statement that, according to Law No. 143/2000 on preventing and combating the use and trafficking of illegal drugs, the use of minors in committing drug-related offences is an aggravating circumstance. The Committee once again requests the Government to supply a copy of Law No. 143/2000 and the amendments made to it by Law No. 169/2002.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Strategy against Trafficking in Persons 2006–10. The Committee had previously noted that the Government had approved the elaboration of the National Strategy against Trafficking in Persons for the period 2006–10 by Decision No. 1654/2006. The Committee notes the Government’s statement that the National Authority for the Protection of Child Rights, a specialized body responsible for the implementation of the National Strategy against Trafficking in Persons contributed to the adoption of the following Government decisions for protecting and assisting victims of trafficking in persons:

–      Government Decision No. 860/2008 concerning the approval of the National Strategy in the field of protecting and promoting child rights 2008–13, including protecting vulnerable children such as child victims of labour and sexual exploitation, and child victims of trafficking;

–      Order No. 335/2007 for the approval of the national mechanism for identification and referral of victims of trafficking in persons;

–      Order No. 1951/2007 regarding the establishment, organization and operation of the working group for national coordination of the activities for the protection and assistance of victims of trafficking in persons; and

–      GD No. 1238/2007 regarding the approval of national specific standards for the specialized services for assistance and protection of victims of trafficking in persons.

The Committee requests the Government to provide information on the impact of the National Strategy against Trafficking in Persons 2006–10 on preventing and combating trafficking in children under 18 years. It also requests the Government to provide specific information on the measures adopted for the protection and assistance of child victims of trafficking pursuant to the adoption of the above Government decisions, and the results obtained.

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. Child victims of trafficking. The Committee had previously noted the information provided by the Government regarding the programmes for providing assistance to child victims of trafficking implemented within the ILO–IPEC programmes. The Committee notes the Government’s statement that the Memorandum of Understanding between the Government and the ILO was extended to 2012. It notes the Government’s information that the second phase of the ILO–IPEC Programme on Trafficking and other Worst Forms of Child Labour in Central and Eastern Europe, which aims to increase the number of direct beneficiaries, is being implemented. It also notes the Government’s information on the following results achieved through this programme: a total of 1,117 children involved in street work, trafficking, hazardous work in agriculture, sexual exploitation and illicit activities benefited from this programme; an estimated 2,520 children benefited from the activities based on “SCREAM project – Supporting Children’s Rights through Education, Arts and Media”. The Committee requests the Government to continue providing information on the number of children withdrawn from the worst forms of child labour, in particular trafficking of children and rehabilitated within the framework of the ILO–IPEC Programme on Trafficking and other Worst Forms of Child labour in Central and Eastern Europe.

Clause (c). Ensure access to free basic education for all children removed from the worst forms of child labour. The Committee had previously requested the Government to provide further information on Law No. 268/13 of June 2003, according to which compulsory education had been extended to ten years. The Committee notes with interest that according to section 6 of the Law No. 268/13 of June 2003 compulsory education has been extended to ten years.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted the Government’s information on the PHARE multi-annual programmes aimed at improving access of children from disadvantaged groups to education. It had also noted the Government’s information that Romania is a member of the Roma Inclusion Decennium
(2005–15), which aims to reduce the existing socio-economic gaps between Roma minority and the rest of the society. The Committee notes the Government’s statement that the PHARE programme implemented several awareness-raising campaigns for parents on the negative consequences of exploitation of children, as well as a campaign on “prevention of street children phenomenon” targeting the parents in difficult situations whose children end up living in the streets. It also notes the Government’s information that in implementing the objectives of the PHARE project, the Government undertook the following measures:

–           eliminated segregated classes and schools;

–           provided a training programme for teachers;

–           increased the capacity of schools to treat issues of inclusion;

–           created district school inspectors to monitor national activities on inclusive education;

–           developed “second chance” programmes for Roma students to complete their schooling; and

–           improved the relationship between the schools, students, parents and the Roma community.

The Committee further notes that the PHARE project will be completed by the end of 2009. The Committee welcomes the measures taken by the Government under the PHARE project for improving access of children from disadvantaged groups to education. The Committee encourages the Government to continue to take similar measures to promote access of Roma children to education, thereby preventing them from being engaged in the worst forms of child labour and requests it to provide information on progress made in this regard. It also requests the Government to provide information on the impact of the Roma Inclusion Decennium in protecting Roma children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, during the reporting period, the territorial labour inspectorates filed 87 complaints regarding the violation of the provisions concerning the employment of children; for 77 cases the trials were under way; and for six cases administrative penalties were imposed. It notes that, during the period from 1 June to 31 December 2007, the labour inspectors carried out 44,476 inspections and identified 144 young people aged between 15 and 18 years working without a legal employment contract for which a fine of 14,453,900 (RON) Romanian New Lew were imposed on the employers. During the period from January 2008 to April 2009, the labour inspectors carried out 107,582 inspections, identified 275 young people aged between 15 and 18 years working without a legal employment contract, and imposed penalties on 244 employers for illegally using young people at work. The Committee notes that the above cases of illegal employment of children were found in the manufacture of textile and footwear, agriculture, construction, manufacture of wood, manufacture of grain mill products, food products, wholesale warehouses, street commerce activities, markets and in garages.

The Committee also notes the information provided by the Government on the number of cases of child labour reported to the National Steering Committee by the Child Labour Unit. According to this data, in 2007, 1,016 cases of child labour were reported, including 44 cases of external trafficking, 41 cases of internal trafficking, 45 cases of servitude, 18 cases of prostitution, 712 cases of begging, 16 cases of illicit activities, six cases of forced labour and 134 cases of non-observance of the provisions of the labour law. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries, and statistical data 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 applied.