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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the information in the Government’s report that the Commission on Trafficking has proposed certain amendments to the existent penal provisions, to allow for more effective implementation. The Committee also notes the Government’s indication that additional amendments are proposed in a Government bill that will be submitted in March 2010, to facilitate Sweden’s accession to the European Convention against Trafficking in Human Beings. The Committee requests the Government to continue to provide information in this respect, and to supply a copy of the legislation once amended.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee had previously noted the information that according to the Children’s Ombudsman, “grooming” or contacting children for sexual purposes has become a common practice in Sweden, and the Committee requested the Government to provide information on the measures adopted to prevent children from falling victim to this practice. The Committee notes with interest the information in the Government’s report that on 1 July 2009, a new amendment to the Penal Code was introduced prohibiting “grooming”. This new provision is directed towards those who: initiate contact with children for the purpose of committing a sexual crime, agree to arrange a meeting, and take measures to bring about such a meeting.

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 that the provisions of the Narcotic Drugs (Punishments) Act of 1968 (NDP Act) which prohibit the transfer, manufacture, acquisition for the purpose of transfer, possession, use of, handling, procuring, offering or sale of narcotics, as well as the use of an intermediary for these purposes, do not expressly cover the use, procuring or offering of a child for such activities. The Committee therefore requested the Government to indicate the measures envisaged to prohibit the use, procuring or offering of a child for illicit activities.

The Committee notes the Government’s indication that the NDP Act contains penal provisions prohibiting a person from collaborating with, or instigating another to commit offences prohibited by the Act. The Committee also notes the Government’s statement that, when assessing the penalty for an offence, consideration will be made as to whether the person committing the offence induced another to participate in a crime by means of coercion, abuse of the person’s youth, lack of judgement, or dependency. This is provided for in Chapter 29, section 2(5), of the Penal Code, which states that the misuse of another person’s youth will be considered in determining the appropriate penalty.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee previously noted that a revision of the Provisions of the Work Environment of Minors (AFS 1996:1) including an update of the list of hazardous works prohibited to minors, is under way. Noting an absence of information in the Government’s report on this point, the Committee again requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18 as soon as it has been adopted.

Article 5. Monitoring mechanisms. In previous comments, the Committee requested the Government to provide information on the impact of the activities of the National Criminal Investigation Department and the police in combating offences related to child pornography. The Committee notes the information in the Government’s fourth report to the Committee on the Rights of the Child (CRC) of 23 January 2008 that the Government directed 10 million Swedish kroner (SEK) (approximately US$1.4 million) of police funding to be used annually between the years 2004 and 2006 to combat human trafficking (CRC/C/SWE/4, paragraph 251). This report also states that, in 2006 the National Criminal Police has participated in the establishment of a “filtering” of Internet pages with 15 Internet providers, that blocks access to web pages containing child pornography. The Committee further notes the information in the Government’s report to the CRC that the examination of seized child pornography material is being transferred to local police authorities, to cut down processing times of this offence and free up resources for the identification of victims of child pornography (CRC/C/SWE/4, paragraphs 112 and 113).

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee previously noted the Government’s indication that an action plan to combat prostitution and trafficking in persons is being developed, and that the National Plan of Action to Combat Commercial Sexual Exploitation of Children is undergoing revision. The Committee notes the information available on the web site of the Ministry of Integration and Gender Equality (MoIGE web site), that on 10 July 2008, the Government adopted a National Action Plan against prostitution and human trafficking for sexual purposes (NAP) which covers five priority areas:

–           greater protection and support for people at risk;

–           increased emphasis on preventive work;

–           higher standards and greater efficiency in the justice system;

–           increased national and international cooperation; and

–           a higher level of knowledge and awareness.

The Committee also notes the information on MoIGE web site that in total, the Government will invest SEK213 million (approximately US$29.9 million) in 36 implementing measures, up to the year 2010. The Committee further notes the Government’s statement in its report to the CRC that this plan will complement the National Plan of Action against Sexual Exploitation in Children (CRC/C/SWE/4, paragraph 266). The Committee requests the Government to provide information on the concrete measures taken pursuant to the adoption of the abovementioned national plans of action, and the results achieved following their implementation in terms of combating the prostitution and trafficking of children under 18 for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the information in the Government’s report to the CRC that the National Board of Health and Welfare, in collaboration with UNICEF, produced a guide entitled “Can This Be Trafficking?” for workers in the social services, the police and the migration authorities. The Committee also notes the information available on the MoIGE web site that the NAP includes measures to engage in awareness-raising activities on the dangers of trafficking directed at youth, to provide further training for staff in compulsory and upper secondary school, and to provide support to NGOs that engage in such prevention activities. The Committee encourages these measures, and asks the Government to provide information in its next report on the functioning of these projects.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Following its previous comments, the Committee notes the information available on the MoIGE web site that, at present, the protection measures targeting those exposed to prostitution or trafficking for sexual purposes are limited. The Committee also notes the information on the MoIGE web site that the NAP will address this through specific training for staff in youth clinics, housing shelters and other social services, additional support for the National Board of Institutional Care, increased measures to provide for the rehabilitation of victims of trafficking, and measures to provide for their safe repatriation. The Committee further notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version), welcomed these measures, and recommended that the Government “implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims”, and to “ensure that education and training, as well as psychological assistance and counselling, are provided to child victims of trafficking” (CRC/C/SWE/CO/4, paragraph 67). The Committee requests the Government to provide information on effective and time-bound measures taken pursuant to these recommendations. It also requests the Government to provide information on the number of children withdrawn from commercial sexual exploitation and trafficking through these measures, as well as information on the measures taken to rehabilitate them.

Article 8. International cooperation and assistance. 1. International cooperation. Following its previous comments, the Committee notes that measures by the NAP to combat human trafficking include improved coordination at the regional and international levels on this issue, as well as collaboration with Eurojust, Europol and Interpol on this issue, and a more specific focus on human trafficking in Sweden’s Development Cooperation Programme. The Committee also notes the information in the Government’s report to the CRC, that the Government is engaged in cooperation among the Baltic Sea States (along with Moldavia, Belarus and Ukraine). The outcome of this cooperation is an action plan concerning unaccompanied children who cross borders or who are victims of human trafficking, and the establishment of contact points in the cooperating countries to facilitate bilateral and multilateral contacts in individual cases. The Committee further notes that the CRC, in its concluding observations of 6July 2007 on the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, commended the Government
for contributing to projects for the rehabilitation and reintegration of child soldiers in many countries experiencing conflict or in post-conflict situations (CRC/C/OPAC/SWE/CO/1, paragraph 5).

2. Child sex tourism. The Committee notes the Government’s indication, in its written reply of 24 April 2009, to the list of issues of the CRC, in connection with the consideration of its report (CRC/C/SWE/Q/4/Add.1), that as part of the NPA, the Government has taken measures to combat child sex tourism. These measures include drawing attention at EU level to the issue of child sex tourism (within the framework of participation in the Permanent Intergovernmental Group L’Europe de l’Enfance), engaging relevant actors in the travel industry and agencies responsible for tourism education on the issue of preventive action against sexual exploitation of children, as well as using the Ministry of Foreign Affairs’ web site to provide information for people travelling abroad on this subject.

However, the Committee notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version), expressed concern at the limited information available on investigations, prosecutions, and punishments of Swedish citizens involved in sexual exploitation of children abroad, at the lack of data on the number of Swedish citizens engaged in this practice, and that no measures have reportedly been taken to prohibit the reissuing of passports to persons freed after posting bail (CRC/C/SWE/CO/4, paragraph 68). The Committee notes that the CRC recommended that the Government increase its efforts to prevent and combat the worrying phenomenon of child sex tourism, by taking measures to consistently prosecute offenders of these crimes upon their return to Sweden, to consider reviewing legislation in order to abolish all outstanding requirements of double criminality for prosecution of these offences, to improve data collection related to this phenomenon and to increase cooperation with actors in the tourist industry (CRC/C/SWE/CO/4, paragraph 69). The Committee encourages the Government to take action pursuant to the recommendations of the Committee on the Rights of the Child, and requests the Government to provide information on the results obtained.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report submitted to the CRC that in 2006, 22 offences of “exploitation of a child for sexual posing” were reported. The Committee also notes that the number of child pornography offences reported has risen from 812 in 2000 to 1,140 in 2006 (CRC/C/SWE/4, paragraph 254). The Committee further notes the information in the report entitled “Thematic Study on child trafficking Sweden” issued by the European Union Agency for Fundamental Rights (EU Trafficking Report) that in 2005, there were 44 reported cases concerning trafficking (mostly for sexual purposes) and that eight people were sentenced for trafficking and 25 people were sentenced for crimes related to trafficking. In addition, the Committee notes the information in the EU Trafficking Report that the last available statistics on the victims of trafficking are from 2004, when Swedish National Police estimated that approximately 400–600 women and children were being trafficked to Sweden for sexual purposes. 

The Committee notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version) expressed concern about the prevalence of trafficking in children for the purposes of sexual and economic exploitation, as well as the limited available data on the extent and patterns of sexual exploitation, prostitution and trafficking (CRC/C/SWE/CO/4, paragraph 66).The Committee expresses its concern at the situation described above and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years from trafficking, and to provide information on measures taken in this regard. The Committee also expresses its concern at the lack of data available and strongly urges the Government to take the necessary measures to ensure that sufficient data on commercial sexual exploitation of children (including the engagement of Swedish citizens in such crimes abroad) and child trafficking is made available. The Committee requests the Government to provide this information when it is available, as well as information on 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.