Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. In its previous comments, the Committee, while noting the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, expressed its concern that the compulsory mobilization of children for work during the cotton harvest continued, and that this work often took place under hazardous conditions. The Committee therefore urged the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years.

The Committee notes the Government’s information in its report that the State Supervisory Services for Labour, Migration and Employment carry out seasonal inspections during the cotton harvest in all cotton producing areas in order to check for cases of the worst forms of child labour. The Committee also notes from a report entitled ILO–IPEC contributions to eliminate the worst forms of child labour in Tajikistan 2005–15 (ILO–IPEC Report, 2015) that the Child Labour Monitoring Unit established under the Ministry of Labour, Migration and Employment provides training to trainers of trade unions and employers’ associations as well as farmers’ organizations on hazardous child labour in agriculture with a particular focus on cotton. The Committee further notes from the 2013 Annual Assessment on Child, Student and Adult Participation in Tajikistan’s Cotton Harvest (2013 annual assessment report) that the International Organization for Migration (IOM), in collaboration with the Government of Tajikistan and local NGO partners, conducted a cotton monitoring campaign to monitor cases of forced labour and labour violations during the 2013 cotton harvest. This report indicated that although children were identified working in the fields in all 25 targeted districts, their numbers remained limited, the volume and frequency of forced child labour as well as any form of labour that are harmful to children remained much lower, with only less than 7 per cent of cotton being picked by children. In addition, the mobilization of school children to work in the cotton harvest declined significantly. This report also indicates that, over the course of the 2013 cotton harvest, two cases of potential forced labour involving children were identified and investigated by the inspectors which resulted in fines levied against cotton producing dekhan farms (private farms belonging to either one or more individuals). The Committee finally notes from the 2013 annual assessment report that several awareness raising efforts and training seminars were conducted during the 2013 Cotton Monitoring Campaign for teachers, principals, parents, local government officials and cotton workers on the legal restrictions on using child labour in the cotton harvest and the negative influence of such work. The Committee requests the Government to continue its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Clause (a). Forced recruitment of children in armed conflict. The Committee notes that while the Government indicates that a copy of the Universal Military Service Act, which establishes a minimum age of 18 years for military services, has been attached along with the report, no such copy has been provided by the Government. The Committee therefore once again requests the Government to provide a copy of the Universal Military Service Act.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. It requested the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

The Committee notes that according to section 86(1) of the Criminal Code, minors are considered to be persons who have reached 14 years of age but have not reached 18 years of age.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Inter-Ministerial Commission on Combating Trafficking in Persons. In its previous comments, the Committee noted the establishment of the Inter-Ministerial Commission on Combating Trafficking in Persons, to increase the effectiveness of the monitoring of human trafficking. It also noted the information contained in the compilation prepared by the Office of High Commissioner for Human Rights for the Universal Periodic Review of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30).

The Committee notes that the Government report does not contain any information in this regard. However, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 29 October 2013 expressed concern that Tajikistan is a country of origin and transit for trafficking women and girls (CEDAW/C/TJK/CO/4-5, paragraph 19). The Committee requests the Government to provide information on the activities undertaken by the Inter-ministerial Commission for Combating Trafficking in Persons with regard to monitoring and combating the trafficking of persons under the age of 18 years and to provide information on the results achieved, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. It also requests the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 6. Programmes of action. National Programme to eliminate the worst forms of child labour. The Committee notes from the ILO-IPEC Report, 2015 that the Government approved on 31 October 2014, the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour in 2015–20. The Committee requests the Government to provide information on the implementation of the NAP to Eliminate the Worst Forms of Child Labour in 2015–20 and the results achieved, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour.

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. In its previous comments, the Committee noted the measures taken by the Government to improve school attendance. However, noting that a considerable number of primary-school age children were out-of-school and that the school infrastructure and conditions remained poor, the Committee requested the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the UNICEF Tajikistan-Overview-Basic Education, 2013, that the National Strategy for Education Development, approved by the Government in July 2012 sets out three objectives, namely: to modernize education content; to re-structure the education system; and to improve access to quality education. The Committee notes, however, that according to the UNESCO statistics on education in Tajikistan, the net enrolment rate in primary education has decreased from 98 per cent in 2013 to 96.76 in 2014. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 25 March 2015 expressed concern at the high dropout rates among girls and children from families in disadvantaged situations and about the gender disparity in enrolment and retention rates across all levels of education (E/C.12/TJK/CO/2-3, paragraph 34). The Committee requests the Government to take the necessary measures, including through the effective implementation of the objectives of the National Strategy for Education Development (NSED), to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls and children from families in disadvantaged situations. It requests the Government to provide information on the measures taken in this regard and on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls and children from disadvantaged families.

Application of the Convention in practice. The Committee notes that according to the findings of the National Child Labour Survey of 2012–13 (CLS report) conducted in cooperation with ILO–IPEC, of the 2.2 million children aged between 5 and 17 years in Tajikistan, 522,000 (26.9 per cent) are working, of which 21.7 per cent are involved in hazardous work. Children employed in hazardous occupations include, agriculture, fishery and related workers, forestry and related workers, construction, street vendors, shoe cleaning and other street services, messengers and porters. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, especially hazardous work, and to provide information on the measures taken in this regard. It also requests the Government to continue providing up-to-date information on the nature, extent and trends of the worst forms of child labour in the country, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.