Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 130-1 of the Criminal Code, as amended in 2003, prohibits the trafficking of human beings. Section 167 of the Criminal Code prohibits specifically the trafficking of minors. The Committee also notes that the Act No. 47, the Law on Combating Human Trafficking (Text No. 454) was adopted in 2004, and contains additional provisions prohibiting the trafficking in persons.

2. Slavery, debt bondage, forced or compulsory labour. (i) General legislative provisions. The Committee notes that article 35 of the Constitution prohibits forced labour, except for “cases defined by law”. The Committee also notes that section 8 of the Labour Code states that forced labour shall be prohibited, and specifies the exceptions to this prohibition: military service pursuant to particular legislation, work necessitated by extraordinary circumstances that jeopardize the life, personal safety or health of the population, and work required as a result of a court sentence.

(ii) Forced or compulsory labour in cotton production. The Committee notes the Government’s indication in its reply to the list of issues raised in connection with its Report to the Committee on the Rights of the Child (CRC) of 7 December 2009, that the Education Act prohibits the employment of pupils and children in agricultural work during their studies (CRC/C/TJK/Q/2/Add.1, paragraph 31). Nonetheless, the Committee also notes the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that, while the Education Act prohibits engaging students in work, this legislation is routinely ignored by regional, city and district officials (page 8). Moreover, the Committee notes the statement in a 2009 report entitled “Tajikistan: Cotton harvest relies heavily on child labour”, available at the web site of the Office of the UN High Commissioner for Refugees that children harvesting cotton is quite common. This report also indicates that there have been reports of the removal of children from school to engage in cotton picking, including through the use of coercive methods.

The Committee notes the information in the Government’s report that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC cooperation from July to December 2007. The Government indicates that the main goal of the programme was to prevent the use of labour of children between 8 to 14 years through awareness raising and by providing training to the parents’ committees of schools in the Khatlon region. Furthermore, the Committee notes the indication in a 2010 report available at the web site for the Office of the High Commissioner of Refugees (www.unhcr.org) (Interim Trafficking Report) that, following a presidential decree issued in April 2009 banning the use of student labour in the cotton harvest, there has been a decline in the forced labour of children. However, this report indicates that there were still reports of this occurring, and few reports of efforts to investigate, prosecute, convict or punish local governmental officials who forced children to work. The Committee expresses its serious concern at reports of the forced labour of school children in cotton harvesting and urges the Government to redouble its efforts to eradicate this form of forced labour of children under 18 years. In this regard, it requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the progress made in this regard in its next report.

3. Forced recruitment in armed conflict. The Committee notes the information in the Government’s report to the CRC of 2 April 2009 (CRC Report) that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). The Government also indicates in its CRC Report that young persons may be conscripted from the age of 18 (CRC/C/TJK/2, paragraph 95). The Committee requests the Government to provide a copy of the Universal Military Service Act with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that section 238 of the Criminal Code prohibits involving a person in prostitution through violence, blackmail, fraud or destruction of property. The Committee also notes that section 166 of the Criminal Code prohibits involving a minor in prostitution or in the production of pornography. However, the Committee observes that the term “minor” in the Criminal Code is not defined. The Committee requests the Government to indicate if the term “minor” refers to all persons under the age of 18.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 165 of the Criminal Code prohibits involving a minor in the commission of a crime using promises, threats or other means. The Committee also notes that, pursuant to section 200 of the Criminal Code, it is a crime to manufacture, process, buy or transport narcotics or psychotropic substances. Lastly, the Committee notes that section 166 prohibits the involvement of a minor in various “anti-social” activities, including vagrancy and begging.

Article 3. Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that section 177(1) of the Labour Code of 1997 prohibits employing persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he List of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. However, the Committee notes an absence of information in the Government’s report on the establishment of a list in this regard. The Committee therefore requests the Government to provide information on the development of a list, pursuant to section 177(2) of the Labour Code, outlining the conditions of prohibited work for persons under 18. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in the development of this list, and to provide a copy of this list, with its next report.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. 1. PROACT-CAR and the Child Labour Monitoring Unit. The Committee notes that the Government of Tajikistan participated in the subregional ILO–IPEC project entitled “Combating child labour in Central Asia – Commitment becomes action” (PROACT-CAR) (2005–07), which aimed at enhancing the capacity of national institutions in the region to eliminate the worst forms of child labour. The Committee also notes that PROACT-CAR phase II began in 2008. The Committee further notes the information from the ILO–IPEC document entitled “Activities for the elimination of child labour in Tajikistan 2005–09” that, within the framework of the PROACT-CAR phase II, the Child Labour Monitoring Unit (CLMU) was launched at the Ministry of Labour and Social Protection in April 2009 (page 5). The CLMU focuses on monitoring, identifying and removing children from child labour and its worst forms, and refers them to educational institutions. This document indicates that, thus far, 230 children have been identified and referred to non-formal education and vocational courses. The Committee requests the Government to continue to provide information on the activities of the CLMU, particularly with regard to the monitoring of the worst forms of child labour. In this regard, it requests the Government to provide information on the number of children removed from these worst forms by the CLMU, and the number of children currently benefiting from CLMU services.

2. Trafficking. The Committee notes the information in the 2009 UNODC report entitled “Global Report on Trafficking in Persons” (UNODC Report) that the Government adopted a national action plan against trafficking in persons 2006–10. The Committee also notes the Government’s indication in its CRC Report that, in 2004, a unit for combating trafficking in human beings was established within the Organized Crime Directorate of the Ministry of Internal Affairs. The Committee further notes that, pursuant to section 7 of the Law on Combating Human Trafficking, an interdepartmental commission on combating trafficking was established for the purpose of developing state policy for combating trafficking, and to increase the effectiveness of detection and suppression mechanisms.

However, the Committee notes the statement in the 2009 report on trafficking in persons, available at the web site of the Office of the High Commissioner of Refugees (www.unhcr.org) (Trafficking Report) that there is poor coordination in the monitoring of trafficking, particularly between law enforcement and security institutions with overlapping responsibilities. The Trafficking Report further indicates that corruption hinders efforts to combat trafficking, and that there has been a failure to investigate, prosecute or convict officials complicit with traffickers. The Committee further notes that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68). The Committee expresses its deep concern at allegations of complicity of law enforcement officials with human traffickers, and requests the Government to take immediate measures to strengthen the monitoring mechanisms of trafficking to ensure that perpetrators of human trafficking, and complicit law enforcement officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on measures taken to this end, particularly with regard to the activities of the unit for combating trafficking in human beings and the interdepartmental commission on combating trafficking. Lastly, the Committee requests the Government to provide information on the measures taken, within the framework of the national action plan against trafficking in persons, to combat the sale and trafficking of persons under the age of 18, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication in its CRC Report that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). However, the Committee notes the information in the IOM report entitled “Labour Laws and Employment Practices affecting Children in Central Asia, Baseline Survey” (IOM Survey) that, although the legislation provides for free education for everyone, almost all schools charge their students for textbooks and meals, and some have even introduced fees to supplement (or replace) wages of the teachers, unpaid by the State. The IOM Survey also contained a study that indicated that 59 per cent of parents surveyed could not cover all of the educational expenses of their children. Furthermore, the Committee notes the information in the 2010 UNESCO report entitled “Education For All: Global Monitoring Report” (UNESCO Report) that there were approximately 17,000 out-of-school children at primary school age in 2007 and that the net enrolment rate in secondary education was 81 per cent. Lastly, the Committee notes that the CRC, in its concluding observations of 5 February 2010, expressed its concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs (particularly among girls in rural areas), a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to redouble its efforts to improve the functioning of the education system and to provide access to free basic education, in particular for children from low-income families and rural areas. It also requests the Government to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with respect to increasing school enrolment rates and decreasing drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes that section 19 of the Law on Combating Human Trafficking contains provisions outlining the assistance to be given to child victims of trafficking: that all measures taken are in the child’s best interest, that child victims who are asylum seekers are housed separately from adults, that these children have access to educational services and that measures should be taken to reunite the victims with their parents, as appropriate. The Committee also notes the information in the Interim Trafficking Report that the Government has increased its diplomatic staffing in the United Arab Emirates and Russia, to assist trafficking victims with their repatriation. However, the Committee also notes the information in the Trafficking Report that, while there are foreign funded shelters providing assistance to trafficking victims in Tajikistan, the Government does not provide any financial or in-kind assistance to these organizations, and that the Government has yet to develop and implement a system for victim identification or for referring victims of trafficking to care providers. Lastly, the Committee notes that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). Therefore, the Committee requests the Government to take the necessary measures, within the framework of the provisions of section 19 of the Law on Combating Human Trafficking to provide for the identification, removal, rehabilitation and social reintegration of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, including the number of victims under the age of 18 benefitting from such services.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee notes the information in the UNESCO Report that, although the net enrolment rate in secondary education was 87 per cent for boys, only 75 per cent of girls were attending secondary school. The Committee also notes that the CRC, in its concluding observations of 5 February 2010, expressed concern at the increasing number of girls who drop out of school, especially those living in rural areas (CRC/C/TJK/CO/2, paragraph 66). In this regard, the Committee notes the information in the 2006 ILO–IPEC planning document for the action programme entitled “Elimination of the worst forms of child labour: Taking into account the special situation of girls” that this project plans to provide educational support and vocational training to girls involved in, or at risk of involvement in, the worst forms of child labour by reintegrating them back into the education system. The project targets 420 vulnerable girls (260 in Dushanbe and 160 in Kurgan-Tube), who are involved (or at a risk of involvement) in the worst forms of child labour. The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system. It requests the Government to provide information on the results achieved through the ILO–IPEC action programme and through any other ongoing projects implemented to this end.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes the Government’s indication in the CRC Report of 21 February 2009 that there are nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicates that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicates that these children often work for adults in hazardous conditions and are victims of various forms of aggression (CRC/C/TJK/CO/2, paragraphs 675–676). The Committee also notes the statement in the IOM Survey that the number of children working and begging on the street is increasing in Dushanbe and in other cities in Tajikistan. The IOM Survey also indicates that these street children work long days performing exhausting work that may be hazardous to their health (page 26). The Committee further notes the information in the ILO–IPEC Technical Progress Report of 15 January 2009 for the project PROACT-CAR phase II that an action plan was developed for the protection of working and street children from exploitation, violence and abuse in the Khatlon and Sougd region. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that this growing group of children are protected from these worst forms. It also requests the Government to provide information on the results achieved through the action plan developed for the Khatlon and Sougd region.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee notes the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also notes the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution have become more frequent. The Committee further notes the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) is present in both Dushanbe and Kurgan-Tube. In addition, the Committee notes the information in the 2009 UNODC Report  that authorities recorded nine victims of trafficking under the age of 18 in 2005 and 12 such victims in 2006. The Committee expresses its concern at the significant number of children who are victims of the worst forms of child labour in Tajikistan, particularly trafficking, commercial sexual exploitation and hazardous work and urges the Government to redouble its efforts to eliminate these worst forms. The Committee also requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.