Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes the Government’s report and also the discussions held in the Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference.

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. The Committee previously noted that, under sections 354–365 of the Labour Code, the Federal Labour Inspectorate enforces the labour legislation and other labour regulations by means of inspections, investigations, injunctions and prosecutions in accordance with federal law. However, the Committee notes that the Worker members in the Conference Committee on the Application of Standards indicated that the lack of a Ministry of Labour is obstructing action aimed at adopting the necessary measures and observing developments in the situation regarding the worst forms of child labour. The trade unions have been calling for several years for a Ministry of Labour to be set up, which would also act as a centre for coordinating the activities of the other bodies involved in the elimination of the worst forms of child labour. The Committee requests the Government to respond to the comments made by the Worker members in the Conference Committee on the Application of Standards and to provide information on what mechanisms have been established to monitor the implementation of the provisions of the Convention, in particular those dealing with the enforcement of prohibitions such as child prostitution and pornography, as well as the development and implementation of programmes of action and international assistance that do not fall within the purview of the federal labour inspectorate. The Committee also requests the Government to supply information on inspections carried out in enterprises and on the number and nature of reported violations relating to the employment of children under 18 years of age in the worst forms of child labour.

2. Mechanisms within the Ministry of the Interior. The Committee notes the Government’s statement that the “K” work unit is operating within the Ministry of the Interior. This unit has the primary task of combating the dissemination through the Internet of pornographic material involving minors. The Ministry of the Interior was thus able to close down 247 web sites disseminating pornographic material involving children in 2007, 226 sites in 2008 and 1,409 sites in 2009. The Committee also notes that since 2007 a division specializing in issues relating to minors set up within the Criminal Investigation Department of the Ministry of the Interior has been giving practical assistance to the Directorate of Internal Affairs in the work of detecting serious violations committed with regard to minors. The Committee requests the Government to supply information on the activities undertaken by the abovementioned mechanisms for children engaged in the worst forms of child labour, particularly child prostitution and child pornography.

Article 6. Programmes of action. 1. “Children of Russia” federal programme. In its previous comments the Committee noted that the implementation of the “Children of Russia” targeted federal programme provides for the application of measures to prevent the abandonment of children and juvenile crime, with the aim of reducing the proportion of children abandoned in relation to the total child population to 2.17 per cent and increase the proportion of children benefiting from social and rehabilitation services in specialist institutions to 83.3 per cent of the total number of abandoned and homeless children. The Committee notes the statement of the Government representative present at the Conference Committee on the Application of Standards that, under the “Children of Russia” programme, the Government has adopted measures to prevent cases of abandonment and juvenile crime, to ensure that the maximum number of children receive compulsory secondary education, to improve health and to develop the network of social institutions responsible for the rehabilitation of children involved in the worst forms of child labour. The Committee notes the Government’s indication in its report to the effect that, under the “Children of Russia” programme, 1.7 billion roubles have been allocated for the 2007–10 period to measures to prevent the abandonment of children and juvenile crime.

2. Government Commission on Child Affairs and Protection of their Rights. The Committee previously noted that the Government Commission on Child Affairs and Protection of their Rights was set up by Government Decree No. 272 of 6 May 2006. The Commission is divided into three sections with respective responsibilities for: (a) improving the situation of abandoned children and those involved in juvenile crime; (b) coordination of state activities in the areas of health, education and social and legal protection of children; and (c) collaboration with non-governmental organizations, businesses, and educational and sports organizations for children and young persons. The Committee noted that it was planned to establish a working group on child labour in the context of the abovementioned Commission with a view to coordinating the campaign against child labour in the St Petersburg (Leningrad) region. Noting the lack of information on this subject, the Committee again requests the Government to supply information on the impact of the Working Group on Child Labour, on any other measures taken by the Government Commission on Child Affairs and Protection of their Rights, on the protection of young persons under 18 years of age against the worst forms of child labour, and on the results achieved.

Article 7, paragraph 1. Penalties. With reference to its previous comments, the Committee notes that sections 240 and 241 of the Penal Code, as amended in 2003, 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 notes the Government’s indication that section 242.1 of the Penal Code, as amended by Federal Act No. 215 of 27 July 2009, 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 notes the Government’s information to the effect that, in 2008, 51 persons were sentenced for luring minors into prostitution, in violation of section 240 of the Penal Code, and 47 persons were sentenced for producing and disseminating pornographic material involving minors, in violation of section 241.1 of the Penal Code. The Committee requests the Government to continue to supply information on the imposition in practice of penalties for the use, procuring or offering of young persons under 18 years of age for prostitution or pornography.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee previously noted that an ILO–IPEC action programme entitled “School-based awareness-raising campaign against the worst forms of child labour in Moscow” was implemented in 2004 and 2005. According to the programme’s final self-evaluation report of 2005, the programme introduced a new approach at the school level towards the prevention of child labour and the worst forms thereof by raising the awareness of pupils and their parents. The Committee also noted that an ILO–IPEC action programme entitled “School-based child labour monitoring system established in the Vyborg district of the Leningrad region” was implemented in 2007. According to the progress report for the period 18 June–28 December 2007, the action programme aimed to establish an effective district-wide mechanism at the school level, for the prevention of child labour, with the possibility of extending the model to other districts. Noting the lack of information on this subject in the Government’s report, the Committee again requests the Government to provide information in its next report on progress made in establishing the school-level mechanism for the prevention of child labour and on the number of children actually prevented from becoming victims of the worst forms of child labour further to the application of this mechanism.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to a study on child labour (2009 child labour study) conducted in St Petersburg (Leningrad) from May to October 2009, in the context of an
ILO–IPEC project on street children in the St Petersburg (Leningrad) region, children interviewed in the study are involved in work, and especially in the worst forms of child labour, mainly between the ages of 11 and 13 years. According to the study, many children drop out of school because they are working for eight to 12 hours a day. In addition, the study indicates that a large proportion of working children have frequent absences from school or drop out altogether. Only 64.4 per cent of children participating 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 shows that children involved in prostitution or criminal activities attend 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. Most working children have therefore discontinued their education and have no interest in continuing their schooling at secondary level. The Committee expresses its deep concern at the children who are engaged in work, especially in the worst forms of child labour, and are abandoning their education as a result. The Committee urges the Government to take effective and time-bound measures to ensure that children engaged in the worst forms of child labour who have dropped out of school as a result are withdrawn from these worst forms of child labour and reintegrated in the school system. The Committee requests the Government to supply information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. In its previous comments the Committee noted that in January 2000 the Government of the Russian Federation collaborated with
ILO–IPEC on a project to assess the situation of street children in St Petersburg. The objective of the project was to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The Committee also noted that the technical progress report on the second phase of the ILO–IPEC project entitled “Street children of St Petersburg: From exploitation to education” of December 2005 (1 July 2005 to 31 December 2005) indicated that the activities undertaken in the first phase of the project were followed up in the second phase. The Committee noted that street children had been withdrawn from child labour and reintegrated as a result of the activities comprising these projects.

The Committee notes that the ILO–IPEC project on street children in the St Petersburg (Leningrad) region is currently under way (2009 ILO–IPEC project on street children). One of the objectives of this project is to strengthen the capacities of state institutions, social partners and non-governmental organizations for combating the problem of street children in St Petersburg (Leningrad), particularly by improving social dialogue and raising awareness of the worst forms of child labour. In view of the fact that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to step up its efforts to ensure their protection against such labour. It also requests the Government to provide information on the number of street children who have been withdrawn from child labour, rehabilitated and socially integrated as a result of the measures taken under the ILO–IPEC project on street children.

2. Children in difficulties and orphans. The Committee notes the Government’s information to the effect that Federal Act No. 195 of 10 December 1995 concerning the basic structures for the provision of public social services provides for consultation and rehabilitation services for the public. Under this Act, orphans, children lacking parental support, abandoned children, children in difficulties and any persons who are victims of physical or mental violence can be catered for on a provisional basis and receive consultation and rehabilitation services, particularly in the form of social reintegration and psychological assistance.

The Committee notes that, according to the national report of the Russian Federation submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1 of 10 November 2008 (A/HRC/WG.6/4/RUS/1, paragraphs 85–86), there has 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. In 2007, the Russian education system included 1,688 institutions for orphans and children lacking parental support. Furthermore, the Committee notes the Government’s information to the effect that in 2008 a total of 3,363 establishments were providing social services to families and children placed under public social protection, including 570 assistance centres for families and children, 760 centres for the social reintegration of minors, 483 social centres catering for children and young persons, 294 social reintegration centres for disadvantaged children and 30 assistance centres for children lacking parental support. The establishments providing families and children with social services also have subdivisions, including 2,000 family education groups and 764 divisions for the prevention of child neglect. The Government indicates that these establishments provide more than 3 million families with assistance each year. The Committee considers that children in difficulties, particularly children lacking parental support and orphans, are at greater risk of becoming victims of the worst forms of child labour. It therefore requests the Government to step up its efforts to ensure that these children are protected against the worst forms of child labour and to continue to supply information on the results achieved.

Clause (e). Taking account of the special situation of girls. Working street girls. The Committee previously noted that an ILO–IPEC action programme entitled “Time-bound measures introduced to rehabilitate working street girls and to support their families in selected districts in St Petersburg” was implemented in 2007. According to the summary outline of 25 June 2007, the action programme aimed to support and develop rehabilitation structures for working street girls at the district and local levels, thus incorporating gender issues in their social work, in the Primorsky, Vassileostrovsky and Tsentralny districts.

The Committee notes that, in the context of the 2009 ILO–IPEC project on street children, a number of awareness-raising activities on the issue of working street girls have been implemented. For example, on the occasion of the 2009 World Day against Child Labour, ILO–IPEC tools were developed on the theme of “Give girls a chance: End child labour”. In addition, girls who have been withdrawn from living and working on the street have been provided with vocational training in the form of dressmaking skills, thereby enabling them to support themselves. However, the Committee notes that, in the context of the 2009 study on child labour, researchers interviewed some 70 experts on the issue of child labour who estimate that the numbers of children involved in prostitution in the region varies between 3,000 and 6,000 (95 per cent of them girls), while the number of children engaged in hazardous work varies from 4,000 to 6,000. According to the study, even though girls generally start working later than boys (99.2 per cent of boys start working before the age of 14 years, compared with 47.6 per cent of girls), the number of girls who work simply to survive is four times greater than the number of boys who work for this reason. Furthermore, according to a study undertaken by ILO–IPEC as part of the 2009 street children project, 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 average age of girls forced to engage in prostitution and/or hazardous work is 12 years, while 13- and 14-year-old street girls engaged in prostitution account for 6 per cent and 14 per cent, respectively, of children interviewed during the study. Expressing its deep concern at the number and situation of working street girls, the Committee urges the Government to step up its efforts to protect them from the worst forms of child labour, particularly hazardous work and prostitution, and to provide information on the results achieved. The Committee again requests the Government to supply information in its next report on progress made in the setting up rehabilitation centres for working street girls and on the number of girls under 18 years of age who have actually been removed from the worst forms of child labour and have been rehabilitated.