Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Fédération de Russie (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. The Committee previously noted the indication of the Worker members in the Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference that the lack of a Ministry of Labour was obstructing action aimed at adopting the necessary measures regarding the worst forms of child labour. The Committee requested the Government to provide information on what mechanisms have been established to monitor the implementation of the provisions of the Convention. The Committee also requested the Government to supply information on inspections carried out in enterprises relating to the employment of children under 18 years of age in the worst forms of child labour.

The Committee notes the Government’s statement that the Federal Labour and Employment Service, the Public Prosecutor’s Office and the state labour inspectorates in the constituent units of the Russian Federation supervise compliance with labour legislation. The Committee also notes the Government’s statement that in 2009, the state labour inspectorates identified a large number of violations of labour legislation relating to the workers under the age of 18. The Committee further notes the information in the Government’s report that, according to the figures from the Federal Labour and Employment Service, the number of fatalities of workers under 18 dropped between 2007 and 2009; in 2007, there were 17 fatalities of workers under 18, nine such fatalities in 2008 and two such fatalities in 2009. In addition, the Committee notes the information in the Government’s report that in the first half of 2010, 501 violations were detected by the state labour inspectorates related to the occupational health and safety of persons under 18 (through 1,267 inspections to verify employers’ compliance with legislation relating to workers under 18 years), and that 437 such violations were detected in the first half of 2011 (through 564 specific inspections). While taking due note of the detailed information provided by the Government, the Committee observes that there were 700 fewer inspections undertaken to verify employers’ compliance with legislation relating to workers under 18 carried out in the first half of 2011 than in the first half of 2010, but that the number of violations detected related to the occupational health and safety of persons under 18 remained approximately the same. The Committee therefore requests the Government to strengthen its efforts, through the Federal Labour and Employment Service and the state labour inspectorates, to combat the worst forms of child labour, particularly hazardous work. It requests the Government to provide information on measures taken in this regard, and to continue to provide information on the number of inspections undertaken, violations detected and penalties imposed.

2. Mechanisms within the Ministry of the Interior. The Committee previously noted the Government’s statement that the “K” work unit was operating within the Ministry of the Interior, with the primary task of combating the dissemination through the Internet of pornographic material involving minors. It also noted the establishment of a division specializing in issues relating to minors within the Criminal Investigation Department of the Ministry of the Interior. Noting an absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the specific activities undertaken by the Ministry of the Interior, particularly the “K” work unit and the division specializing in issues relating to minors within the Criminal Investigation Department, to combat the worst forms of child labour, particularly child prostitution and child pornography, and on the results achieved.

Article 6. Programmes of action. Government Commission on Minor Affairs and Protection of their Rights. The Committee previously noted the establishment of the Government Commission on Minor Affairs and Protection of their Rights. The Committee also noted that the Government planned to establish a working group on child labour within the context of the Commission with a view to coordinating the campaign against child labour in the St Petersburg region.

The Committee notes with regret the absence of information on this subject in the Government’s report. The Committee once again requests the Government to provide information on the activities of the Commission on Minor Affairs and Protection of their Rights related to combating the worst forms of child labour. It also requests the Government to provide information in its next report on the establishment of the working group on child labour within this Commission.

Article 7(1). Penalties. In its previous comments, the Committee noted that sections 240 and 241 of the Penal Code state that anyone who lures or forces a minor to engage in prostitution shall be liable to imprisonment ranging from three to eight years and anyone who uses a minor for prostitution shall be liable to imprisonment of up to six years. The Committee also noted that section 242.1 of the Penal Code provides that the production, preparation or dissemination of pornographic material involving minors shall be punishable with imprisonment for a period of two to eight years. The Committee once again requests the Government to supply information on the application in practice of sections 240, 241 and 242.1 of the Penal Code, including the number of investigations, prosecutions, convictions and the penalties applied for the use, procuring or offering of young persons under 18 years of age for prostitution or pornography.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring access to free basic education for children removed from the worst forms of child labour. The Committee previously noted that a 2009 study on child labour conducted in St Petersburg within the context of an ILO–IPEC project on street children in the St Petersburg region, revealed that many of the children interviewed dropped out of school because they were working for eight to 12 hours a day. Only 64.4 per cent of children who participated in the study attended school on a regular basis, while 15.9 per cent of children had not attended school for periods ranging from one to three years. The study also indicated that children involved in prostitution or criminal activities attended school even less: only 34.2 per cent of children involved in prostitution attended school regularly, while 43.8 per cent had effectively dropped out since they had not attended school for one year. The study, therefore, indicated that most working children had, therefore, discontinued their education and had no interest in continuing their schooling at secondary level.

The Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 1 June 2011, expressed concern about the sizeable numbers of children who do not attend school in the Russian Federation. The CESCR urged the Government to strengthen its efforts to ensure that no child is deprived of the right to education in particular in rural areas and among the disadvantaged and marginalized groups (E/C.12/RUS/CO/5 paragraph 32). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to facilitate access to free basic education to children from rural areas and from disadvantaged groups. It requests the Government to provide information on measures taken in this regard and on the results achieved, particularly with respect to increasing school enrolment rates and decreasing school drop-out rates. It also urges the Government to take effective and time-bound measures to ensure that children engaged in the worst forms of child labour are withdrawn from these worst forms and reintegrated into the school system.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. Following its previous comments, the Committee notes that the CESCR, in its concluding observations of 1 June 2011, expressed concern about the large number of children who live and work on the streets, in particular in the informal sector where they are vulnerable to abuse, including sexual abuse, and to other forms of exploitation to such an extent that regular school attendance is severely restricted (E/C.12/RUS/CO/5, paragraph 24). Recalling that children living and working on the street are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

2. Children lacking family support and orphans. The Committee previously noted the Government’s indication in its report to the Human Rights Council for the Universal Periodic Review of 10 November 2008 (A/HRC/WG.6/4/RUS/1, paragraphs 85–86), that there had been a decline in the number of orphans and children lacking parental support, falling from 133,000 in 2005 to 127,100 in 2006 and 124,000 in 2007. In 2007 alone, some 126,000 children were placed in foster care with Russian families, compared with 106,000 in 2006.

The Committee notes that the CESCR, in its concluding observations of 1 June 2011, while noting the efforts undertaken to promote alternative family based forms of placement of children, also expressed concern at the large number of children placed in care institutions in the country. The CESCR urged the Government to ensure adequate supervision of the children placed either in institutions, or in family-based alternative care (E/C.12/RUS/CO/5, paragraph 25). Considering that children lacking parental support and orphans are at greater risk of becoming victims of the worst forms of child labour, the Committee requests the Government to provide information on the effective and time-bound measures taken to ensure that these children are protected from the worst forms of child labour. It requests the Government to provide information in its next report on the number of children benefiting from such measures.

Clause (e). Taking account of the special situation of girls. Working street girls. The Committee previously noted that the experts interviewed on the issue of child labour, in the 2009 study on child labour carried out within the context of an ILO–IPEC project on street children in the St Petersburg region, estimated that the numbers of children involved in prostitution in the region was between 3,000 and 6,000 (95 per cent of them girls). The study also indicated that 25 per cent of children working on the streets are girls who are subjected to the worst forms of child labour, such as hazardous work or prostitution. The Committee requested the Government to provide information on measures taken to protect these children from the worst forms of child labour.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 10 August 2010, expressed concern at the very limited information and statistics provided about certain groups of women and girls, including girls living on the streets (CEDAW/C/USR/CO/7, paragraph 46). The Committee urges the Government to strengthen its efforts to protect street girls from the worst forms of child labour, particularly hazardous work and prostitution, and to provide information on the specific measures taken in this regard. It once again requests the Government to provide information on the results achieved, particularly the number of girls under 18 years of age who have actually been removed from work on the streets and provided with appropriate services for their rehabilitation and social reintegration, including education and vocational training, where appropriate.