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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Israël (Ratification: 2005)

Autre commentaire sur C182

Observation

2015

Demande directe

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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 previously noted the Government’s indication that this worst form of child labour is illegal, but observed that existing provisions, besides prohibiting giving dangerous drugs to a minor or allowing a minor to obtain drugs, did not address the use of a minor for the purpose of manufacturing or trafficking of drugs. The Committee also noted the statistical information provided by the Government on the number of minors convicted of drug-related offences. Yet this data did not indicate if these offences involved the use of these minors by adults. The Committee accordingly requested the Government to take the necessary measures to ensure the explicit prohibition of this worst form of child labour in legislation. The Committee notes that the Government’s report provides no information on this point and recalls that pursuant to Article 3(c) of the Convention, the use, procuring or offering of any person under 18 for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee is therefore bound to reiterate its request to the Government to take the necessary measures to explicitly prohibit in national legislation the use, procuring or offering of any child under 18 for illicit activities and to provide information on the steps undertaken in this regard in its next report.

Article 7(1). Penalties. The Committee previously requested the Government to provide information on the application of the penalties contained in sections 199, 201, 202, 209, 214, 375A, 376, 376B, 377A, 377B of the Penal Code and sections 33, 33A, 33C and 33D of Law No. 5713-1953. The Committee notes the Government’s information in its report on the case law relating to child prostitution and child pornography ranging from December 2008 to March 2012, concerning sections 199, 201, 203 and 214 of the Penal Code and providing detailed information on the penalties imposed. The Committee requests the Government to indicate whether the absence of information in its report on the application of sections 375A, 376, 376B, 377A, 377B of the Penal Code relating to the sale of children means that there have been no cases between 2008 and 2012 on the trafficking of children. Likewise, the Committee requests the Government to clarify whether there have been any cases relating to sections 33, 33A, 33C and 33D of Law No. 5713-1953. The Committee requests the Government to provide a complete overview on the application of the penalties contained in sections 199, 201, 202, 209, 214, 375A, 376, 376B, 377A, 377B of the Penal Code and sections 33, 33A, 33C, 33D of Law No. 5713-1953, along with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information provided by the Government that approximately 11 per cent of Arab teens and 2 per cent of Jewish teens between the ages of 14 and 17 did not attend schools supervised by the Ministry of Education (MoE). The Government also indicated that twice as many immigrant children drop out of school than non-immigrant children. The Committee noted the various measures taken by the Government to facilitate access to education among Arab, Bedouin and immigrant populations and requested the Government to continue to provide information on the measures taken to facilitate access to education of Arab, Bedouin and immigrant children and on the results achieved, particularly with respect to improving school attendance rates and reducing school drop-out rates.

The Committee notes the impact of the Five-Year Plan for Education in Druze and Circassian Populations (2006–10), which through a variety of measures resulted in the increase in the number of Druze students. The Committee notes that this year the Government formulated an additional multi-year programme for 2011–14 aimed at continuing and deepening the existing programmes with an allocated budget of 124 million Israeli Shekel (ILS) over 4 years (approximately US$35 million). The Committee furthermore notes the Five-Year Plan for Education in the Bedouin Population in the North (2006–11) with a budget of ILS22 million (approximately US$5.95 million) which has resulted in improved levels of education across disciplines according to national testing. The Committee also noted the actions undertaken to address the classroom shortage among the Arab population and the statistical information regarding educational infrastructure built, which has decreased the drop-out rate especially among girls. According to the report by the Israeli Knesset’s Centre for Research of June 2011, the drop-out rate has significantly declined over the past two years. The Committee notes with interest the measures undertaken by the Educational and Social Services Department of the Ministry of Education to decrease the gap between drop-out rates between Arab Israeli population compared to those in the Jewish population, notably in terms of personal, family and learning assistance programmes, assistance hours and supplementary classes to close learning gaps, and the strengthening of visitation officers who ensure compliance with Israeli’s Compulsory Education Law and return drop outs to the education system. The Committee notes that the percentage of drop outs in Arab education has declined from 8 per cent in 2008 to 7.6 per cent in 2010 and in the Jewish education this figure declined from 3.1 per cent in 2008 to 2.2 per cent in 2011.

The Committee furthermore takes due note of the range of efforts undertaken by the Ministry of Education to integrate new immigrants into the education system which include the provision of additional and specialized classes, the addition of weekly teaching hours, the availability of matriculation examinations in immigrants’ native languages and the offering of special seminars and summer sessions. The Ministry of Education and Immigrant Absorption finances school supplies, educational activities, remedial teaching hours and tutorial assistance. The Committee also notes a special programme set up to prevent drop outs from lower secondary education among the Ethiopian community and the measures taken to support and promote Ethiopian pupils. The Committee finally notes the Government’s statement that all children of asylum seekers and foreign workers have access to education services and receive formal education.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted the Government’s indication that while the trafficking of minors does not constitute a major problem in the country, some victims of trafficking in the country are under 18 years of age. The Committee noted in this regard the case of a child victim of trafficking who spent eight-and-a-half months in custody due to a lack of diplomatic relations between Israel and the minor’s country of origin. The Committee requested the Government to pursue its efforts to ensure the appropriate identification of child victims of trafficking, including of minors who are held in custody, and requested it to take the necessary measures to ensure that all such victims under 18 years of age are provided with services for their rehabilitation and social reintegration.

The Committee takes note of the detailed reply by the Government in this respect. It observes that the procedures for identifying victims of trafficking are carried out according to guidelines consistent with internationally recognized standards, which are widely circulated among the relevant government bodies which when faced with a situation of a victim of trafficking are to provide care and protection and open a trafficking investigation. Identification of victims is strengthened through training provided by the National Anti-Trafficking Unit and the collaboration with NGOs operating in direct contact with vulnerable populations. The Committee also notes the recent adoption by the Israeli prison service of a procedure to ensure a uniform and streamlined method of identifying signals raising suspicion of trafficking and slavery and relaying them to the police and legal aid branch. The Government indicates that victims of trafficking are entitled to shelter, free legal aid and the ability to work. The National Anti-Trafficking Unit provided anti-trafficking training tailored to specific audiences such as judges of the detention review tribunal, social workers of placement agencies, NGOs, labour inspectors, legal aid branch, Israeli police, consular staff of the Ministry of Foreign Affairs, staff of the national labour court, the Israeli prison service and officials of the Ministry of Justice, the Ministry of the Interior and Ministry of Health. While observing that the information provided by the Government relates to the identification of victims of trafficking generally, the Committee requests the Government in its next report to provide information on the identification of child victims of trafficking, including of minors who are held in custody. It also requests the Government to take the necessary measures to ensure that all victims under 18 years of age are provided with services for their rehabilitation and social reintegration and to provide information in its next report of the measures undertaken in this regard.

Clause (d). Identifying and reaching out to children at special risk. Children who have been affected by armed conflict. The Committee previously noted that the UN Secretary-General’s report on children and armed conflict of December 2007 and the concluding observations of the Committee on the Rights of the Child (CRC) in connection with the Optional Protocol on Children in Armed Conflict (OPAC) of March 2010, expressed concern over the persistent practice whereby Palestinian children are used as human shields and informants for intelligence purposes. The Committee noted that investigations had been initiated into these occurrences and the lack of information regarding the outcome of such investigations. The Committee recalled that pursuant to Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, and accordingly urged the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

The Committee notes the Government’s indications in its report that the prohibition of drafting a child under 18 years of age to perform a combat action is anchored in military instructions and directives. In this regard, a person of authority in the Israeli defence forces is subject to disciplinary prosecution for one or more of the following offences; sections 68 (exceeding one’s authority), 72 (exceeding one’s authority to the extent of endangering life or health), 124 (negligence in performing one’s duty) and 133 (failure to comply with mandatory military instructions) of the Military Justice Law No. 5715-1955. Yet, the Committee observes that the report provided by the Government does not provide information on the penalties imposed for these offences. The Committee furthermore notes the Secretary-General’s report on children and armed conflict of 26 April 2012 which reported five separate cases of use of children by the Israeli security forces for military intelligence purpose in 2011 (A/66/782-S/2012/261, paragraph 89). The Committee notes with concern that there are still cases of Palestinian children used as informants for intelligence purposes.

The Committee once again urges the Government to redouble its efforts to ensure the elimination in practice of the forced recruitment of children in armed conflict. It also requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice for the offences related to the use of children in armed conflict. It requests the Government to supply information in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously requested the Government to provide statistical information on the application of the Convention in practice. In this regard, the Committee noted the Government’s statement that the Government would provide a full answer to the Committee once the compilation of information for its report to the CRC on the OPSC would be completed. Noting that the Government’s report contains no information on this point, the Committee reiterates its request to the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, and again requests the Government to provide this information with its next report. To the extent possible, all information provided should be disaggregated by sex and age.