Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Macédoine du Nord (Ratification: 2002)

Autre commentaire sur C182

Observation

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2011

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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 previously requested a copy of the Criminal Code, as amended in September 2009.

The Committee notes with satisfaction that section 418-a of the Criminal Code, as amended in 2009, prohibits the trafficking of persons, and that section 418-d prohibits the trafficking of juveniles. It notes that section 122(22) of the Criminal Code defines a juvenile as a person under 18 years of age.

Article 4(1). Determination of types of hazardous work. The Committee previously noted that section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of labour affairs in coordination with the Minister in charge of health affairs. The Committee requested the Government to provide information on any determinations made on types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law.

The Committee notes the information in the Government’s report that a draft regulation defining the activities prohibited for workers under 18 years of age has been developed and is in the process of being enacted. The Committee notes the Government’s indication that the regulation contains a detailed list of jobs that are prohibited for persons under the age of 18. This list includes jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres. The Committee further notes that this draft regulation prohibits many activities for persons under the age of 18, including activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. The Committee urges the Government to take the necessary measures to ensure that this draft regulation, containing the list of types of work prohibited to persons under the age of 18, is enacted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted the information in the 2009 UNODC Global Report on Trafficking in Persons that the central police service operates a section dealing with trafficking and the smuggling of migrants, within the department for organized crime. It also noted that, in conjunction with the International Organization for Migration (IOM), the Government was providing training to law enforcement officials.

The Committee notes the information in the Government’s report that, with the support of the IOM, two specialized training sessions were held on the subject of combating the trafficking of children in 2010. The Government indicates that 51 professionals participated in these training sessions, including inspectors from the Ministry of the Interior, social workers and labour inspectors from the Ministry of Labour and Social Policy, as well as public prosecutors and judges. However, the Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern that children are trafficked for various purposes to, from and within the borders of the country (CRC/C/MKD/CO/2, paragraph 75). The Committee, therefore, requests the Government to pursue its efforts with regard to strengthening the capacity of the relevant law enforcement bodies to ensure the effective monitoring and elimination of the trafficking of persons under the age of 18. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 6. Programmes of Action. Action Plan for Combating Trafficking in Children. The Committee previously noted that the Sub-group on Combating the Trafficking in Children (within the National Committee on Human Trafficking) had adopted the Action Plan for Combating Trafficking in Children. The Committee also noted that, in conjunction with UNICEF, the Government had published an updated Action Plan to Combat Trafficking of Children for the period 2009 to 2012, and it requested information on measures taken in this regard.

The Committee notes the detailed information provided by the Government on the implementation of the Action Plan to Combat Trafficking of Children during 2010 and 2011 and notes the Government’s indication that the Ministry of Labour and Social Policy pursued activities with regard to preventing human trafficking and protecting child victims of trafficking. In this regard, the Committee notes the Government’s indication that a comparative analysis on the subject of unaccompanied minors was carried out, to examine existing legislation, practices and mechanisms for protecting this vulnerable group. The Government also indicates that a National Helpline operates on a 24-hour basis and has received 247 calls related to human trafficking. In addition, the Committee notes the Government’s indication that the Prevention and Education Programme was implemented in 2010 and 2011, aimed at raising awareness, particularly among vulnerable populations, about human trafficking. Within this programme, in 2010, 2,000 educational leaflets were distributed, 15 workshops were held in primary and secondary schools to inform students about human trafficking and 200 high school students were trained to be peer educators on the topic. In 2011, the Government indicates that five workshops were held on human trafficking prevention for 170 students and that 1,250 copies of various preventive materials were distributed. Taking due note of the measures taken by the Government, the Committee requests it to continue its efforts to prevent and eliminate the trafficking of persons under 18 years of age, and to provide information on the results achieved in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. Trafficking. The Committee previously noted that, in 2007, the Government adopted Standard Operational Procedures for the treatment of trafficking victims, aimed at providing aid and protection to victims based on an institutionalised cooperative framework. It also noted that in 2005, the National Referral Mechanism (NRM) for victims of trafficking was established as a joint project of the National Committee on Human Trafficking and the Ministry of Labour and Social Policy.

The Committee notes the Government’s statement that activities related to the NRM have been implemented in coordination with the Centres for Social Workers, which include designated social workers in 30 cities and towns throughout the country. It also notes the information in the Government’s report that, through the Coordinative Office of the NRM for human trafficking victims, trained staff are available 24 hours a day in order to provide assistance to victims identified by the police and non-governmental organizations. The Committee notes with interest the Government’s indication that this assistance includes an initial assessment of the victim’s needs, the organization of appropriate assistance including crisis intervention, psychological and social support, medical assistance and the provision of food and clothing, as well as the subsequent referral of each victim to a shelter for trafficking victims. Further measures taken through the NRM include the issuing of the necessary paperwork for the identified victims, the appointment of a special guardian for minors, an assessment of the possibility of returning to their family and the development and implementation of a customized re-socialization and a reintegration programme for child victims of trafficking. The Committee further notes the information in the Government’s report that between 2006 and 2010, 89 child victims of trafficking including eight such victims in 2009 and ten in 2010 were identified. The Government indicates that in 2010, the NRM Office was active in 15 cases involving minors, out of which ten minors were identified as victims of trafficking. All ten victims were provided services in shelters. In addition, it notes the Government’s indication that a legal representative is available to provide legal advice and representation on behalf of victims of trafficking in court appearances, and that these services were provided to ten presumed child victims of trafficking in 2010.

Lastly, the Committee notes the information in the Government’s report that it has launched the Child Victims of Trafficking Centre, which aims to provide temporary accommodation to victims, to provide for their privacy and physical safety, and to provide an opportunity for such victims to recover physically, psychologically and socially. A child victim of trafficking may stay in the Centre for six months and that, during this time, social workers seek to find a long-term solution for the accommodation of the child. The Government states that, with the support of the ILO, training was provided the staff of this Centre.

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