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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the ILO–IPEC publication entitled “Child trafficking – the people involved: a synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee had also noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee had observed that section 149 of the Penal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, and use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

The Committee had further noted with interest the various measures adopted by the Government to prevent and combat child trafficking at various levels, as well as the measures taken to ensure the effective enforcement of the legislation on human trafficking. However, the Committee had noted that according to the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), trafficking in children through and from Ukraine is a big problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates. Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, as waiters and for sexual services. Another characteristic of child trafficking in Ukraine is that in most cases children are trafficked within the country, mainly to provide sexual services or to beg, despite promises of work as cleaners, waiters or hawkers. The recruitment for trafficking often takes place when traffickers, to force their victims to work, trap children in debt bondage: to pay off the costs of their trip and related “services” such as food and accommodation, the children must stay and work. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. As of 30 June 2006, 120 unaccompanied children were repatriated from nine countries, mostly from the Russian Federation, Turkey and Poland. Finally, according to the Special Rapporteur, notwithstanding the very useful efforts undertaken by the International Organization for Migration (IOM) in providing assistance to victims of trafficking, the figure of 2,345 persons assisted since 2000 is just the tip of the iceberg, and many victims remain unaccounted for and unassisted abroad or when they return to Ukraine.

The Committee notes the Government’s statement that, in 2008, 322 crimes were registered under section 149 of the Criminal Code, including 31 crimes committed against children, and 21 crimes involving children were detected in 2009. The Committee also notes the Government’s statement that the issue of involving children in a criminal activity and coercing children into begging remains a pressing problem in the country. It notes the Government’s information that in 2008, 1,982 cases involving children in a criminal activity/begging (section 304 of the Criminal Code) were reported and 675 cases were reported in 2009. Furthermore, in 2008, 164 cases of coercion of children into begging by adults were detected; and 34 cases under section 150 of the Criminal Code (exploitation of children) were detected in 2009. The Committee notes with interest the Government’s statement that the Ministry of Internal Affairs (MIA) introduced a new section (section 150-1) to the Criminal Code of Ukraine which provides penalties for the offences of using or coercing a child for begging. According to section 150-1, the use of a child for begging by the parents or his/her guardian or any other person with or without the use of force or threat, as well as committed repeatedly or by a person punished under sections 150 and 304 of the Criminal Code is punishable by imprisonment ranging from three to ten years.  It further notes the Government’s indication that in 2009, 17 criminal cases were initiated under section 150-1 of the Criminal Code. The Committee notes that according to the ILO/IPEC publication entitled “Activities for combating child labour and trafficking in Ukraine”, 5,214 victims of trafficking were returned to Ukraine during the period from 2000–08 by the IOM from various countries, out of which, 256 victims were minors. Considering the seriousness of the problem related to trafficking in children, within and outside Ukraine, the Committee requests the Government to redouble its efforts to combat and eliminate the trafficking of children under 18 years, for sexual and labour exploitation, including begging. It also requests the Government to provide information on the practical application of the penalties laid down in sections 149, 150, 304 and 150-1 of the Criminal Code.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee had noted, the Federation of Trade Unions of Ukraine’s (FTUU) allegations that in Ukraine, children as young as 10 years old were involved in prostitution, pornographic activities and the sex industry. It had observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee had noted with interest that the Government had taken a number of measures to combat the use, procuring or offering of children under the age of 18 for prostitution and pornography, including the initiative by the police and the MIA units to dismantle the networks of individuals and organized criminal groups involved in prostitution and pornography (22 groups discovered in 2005 and 65 in 2006). In addition, in order to prevent the commercial sexual exploitation of children, from 2005 onwards, the police carried out around 2,500 raids and verified the legality of nearly 750 photographic studios, 307 modelling agencies, some 3,000 night clubs, 375 massage parlours and 525 hotels.

The Committee notes the Government’s statement that in 2008, 851 crimes were registered under section 301 of the Criminal Code (importation, manufacturing, marketing and dissemination of pornographic articles), including 12 cases involving minors; and in 2009, three cases were registered. Similarly, in 2008, 317 cases were registered under section 303 of the Criminal Code (trading and involving persons in prostitution), including 17 cases involving minors, and in 2009, five cases were registered. The Committee also notes the Government’s statement that the representatives of the MIA take part in the international, national and regional seminars, conferences and training events in the prevention and control of crimes against children. In March 2009, the MIA participated in a workshop on the fight against the spread of child pornography on the Internet. Furthermore, the promotional activities in this area and regular coverage of these subjects through the mass media, weblogs and on television has helped to make the public aware of the legal aspects with regard to the prevention and control of the crimes related to child pornography. The Committee further notes the Government’s information that inspections and regular raids are being carried out in modelling agencies, hotels, employment agencies abroad, night clubs and other entertainment establishments to identify and detect persons who involve minors into prostitution, or for the production and dissemination of pornographic materials. The Committee requests the Government to continue to take the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also requests the Government to continue to provide information on the measures taken to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC programme on child trafficking – PROTECT CEE. The Committee had previously noted the information regarding the implementation of the ILO–IPEC programme relating to child trafficking in the Balkans and Ukraine entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE 2002–07), and the results achieved. Noting that the PROTECT CEE programme ended on 31 January 2007, the Committee requests the Government to continue to take measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

Programme to combat the commercial sexual exploitation of children. The Committee had previously noted that, in July 2004, Ukraine signed an agreement of cooperation with ECPAT International “End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes” on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation was to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. It had noted the Government’s information that ECPAT, and the NGO “La Strada-Ukraine” were implementing the project on the “Development of the national system of assistance for child victims of trafficking and sexual exploitation”. The project is designed to elaborate the national and international framework of assistance for child victims of trafficking and commercial sexual exploitation. In 2005, ECPAT also started to introduce measures to prevent the use of children for the production of pornographic material. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the implementation of the ECPAT/La Strada‑Ukraine project “Development of the national system of assistance for child victims of trafficking and sexual exploitation”, as well as the results achieved.

Article 8. International cooperation and assistance. Child trafficking. The Committee had previously noted that the MIA of Ukraine prepared multilateral and bilateral agreements to promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking, with the Czech Republic, France, Hungary, Israel, Poland, Romania, Republic of Moldova, Sweden, Turkey, United Kingdom and the former Yugoslav Republic of Macedonia. It had also noted the Government’s information that the MIA ensures a constant exchange of information with the police in these countries concerning criminal groups and individuals involved in trafficking Ukrainian citizens, including minors, abroad for sexual or labour exploitation which had led to the dismantling of several trafficking network groups and detection of several cases of trafficking. The Committee had also noted the Government’s information that, Ukraine had established cooperation with Interpol, Europol, the Regional Centre of the South-East Cooperation Initiative for Cooperation against Transnational Crime, as well as international organizations and law enforcement agencies of other countries. Noting the absence of information in the Government’s report, the Committee once again requests the Government to continue to provide information on the impact of the international cooperation measures on the elimination of the trafficking of young persons under 18 for labour or sexual exploitation.

The Committee is raising other points in a request addressed directly to the Government.