Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 5 of the Convention. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that the state labour inspectors collect and periodically submit information on the use of child labour in Kazakhstan to the Ministry of Labour and Social Protection of the Population. Thus, with the objective of identifying cases of the worst forms of child labour, the state labour inspectors inspected car washes, bazaars, public transportation, service stations and other such places in the city of Almaty, in March 2006. These inspections, as well as inspections in the city of Astana and in the regions of Atyrauskaya, Manghistauskaya and Aktyubuinskaya, have revealed no cases of children working in the worst forms of child labour. However, an inspection in the town of Lisakovsk has revealed that three minors were engaged on a construction site, where they carried out longer hours than legally permitted. The Government indicates that relevant instructions were given to the employer and administrative punishment imposed. Furthermore, the Committee observes that several ILO–IPEC action programmes were adopted in 2006 and 2007 regarding the worst forms of child labour within which measures are being taken to improve child labour monitoring, such as establishing and maintaining the child labour monitoring system through a helpline and direct contact with the children involved in worst forms of child labour. However, it notes that, according to the Summary Outline for the 2007 ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures targeting working children and at-risk children in Almaty City and Almaty oblast, there is currently a lack of child labour monitoring systems and a need to consolidate efforts of state institutes, non-governmental organizations, social partners and international organizations in the area of detecting children engaged in the worst forms of child labour. Consequently, the Committee urges the Government to redouble its efforts to ensure that appropriate mechanisms to monitor the implementation of the provisions of the Convention are established. Furthermore, it once again requests the Government to indicate whether monitoring mechanisms other that the labour inspectorate have been established to monitor the application of Articles 3(a)–(c) of the Convention, which concern crimes of a penal nature.

Article 6. Programmes of action. The Committee had previously noted that Kazakhstan is one of the countries participating in the ILO–IPEC project “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour” (hereinafter “ILO–IPEC CAR project”), aimed at contributing to the elimination of the worst forms of child labour in Central Asian countries. Under this project, started in 2004, the activities in Kazakhstan fall under the following five categories:

(a)   building the knowledge base on child labour;

(b)   awareness raising and dissemination of information;

(c)   support to targeted interventions for prevention, withdrawal and rehabilitation;

(d)   creating linkages and networks; and

(e)   formulation, implementation and enforcement of policies and legislation.

The Committee notes that Kazakhstan continues to adopt and implement programmes to combat child labour and its worst forms within the scope of the ILO–IPEC CAR project. Among others, the ILO–IPEC Action Programme “National awareness-raising and social mobilization campaign against the worst forms of child labour in Kazakhstan” was implemented in May 2006 and extended to December 2007, and aims to communicate to the general public a clear message regarding the problem of child labour and its worst forms. Furthermore, the National Coordinating Council to combat the worst forms of child labour was established in March 2006 and includes the representatives of the ministries and State bodies, of the social partners and of non-governmental organizations. The tasks of the Council include the coordination and guidance of the activities in the field regarding the eradication of the worst forms of child labour, the dissemination of information and the integration of the issue of child labour and its worst forms in the activities of various organizations. Finally, the Committee notes the establishment of the National Information and Resource Centre on the Problems of Child Labour (NIRC), in March 2007, at the Republican Research Institute on Labour Protection of the Ministry of Labour and Social Protection of Population with the support of ILO–IPEC. According to the Summary Outline for the 2007 ILO–IPEC Action Programme on the NIRC, a national informational and resource centre on the problems of the worst forms of child labour is also planned to be established. This centre will coordinate the collection of disparate pieces of information on child labour, reports on research findings and documents of experience of pilot projects. The Committee requests the Government to continue providing information on the measures taken within the framework of the ILO–IPEC CAR project, as well as on other measures, and on the results achieved.

Article 7, paragraph 1, and Part III of the report form. Penalties and court decisions. In its previous comments, the Committee had noted that the Criminal Code provided for sufficiently effective and dissuasive penalties. It notes the Government’s information that, in 2006, 16 criminal cases were registered under section 128 of the Criminal Code (recruitment of minors for sexual or other exploitation, including for purposes of trafficking and transit), and two cases were registered under section 133 of the Criminal Code (purchase and sale of a minor). For example, a man who was found guilty of violations of the abovementioned sections of the Criminal Code was sentenced to seven years and six months’ imprisonment in December 2006. Furthermore, the Committee notes that, for a period of six months in 2007, three cases of violations of section 128 of the Criminal Code involving minors were registered, four cases of violations were registered under section 133 and two cases of violations were registered under section 270 (procuring for prostitution). However, the Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient (CRC/C/KAZ/CO/3, paragraph 9) and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraph 65). The Committee also observes that the Government acknowledges, in its report, that punishment for the exploitation of minors is very rarely administered. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. Accordingly, the Committee requests the Government to take immediate measures to ensure that persons who use, procure or offer children in the worst forms of child labour and, particularly, for trafficking and commercial sexual exploitation, are prosecuted and that the sufficiently effective and dissuasive penalties are imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Free basic education. Following its previous comments, the Committee notes the Government’s indication that the realization of every citizen’s right to quality education was identified as one of the priorities in the 2003–06 Government Programme for the Republic of Kazakhstan. The Committee also notes the adoption of the 2005–15 State Programme for the Development of Education in Kazakhstan, as well as the 107.5 per cent increase in budget allocation for education from 2003 to 2006. Furthermore, the Committee on the Rights of the Child added, in its concluding observations of 8 June 2007, that compulsory education was expanded to grades 11 and 12 of secondary school, that efforts are being undertaken to increase the enrolment in kindergarten and other early childhood facilities and that a compulsory pre-school year was introduced (CRC/C/KAZ/CO/3, paragraph 57). However, the Committee on the Rights of the Child also expressed its concern that education for many children is not free of cost and that a small but significant percentage of children are not enrolled in schools or leave secondary school before completion. Indeed, according to the Government’s statement, 92.9 per cent of children attended primary school at the age of seven in 2006, the region with the lowest attendance rate being Vostochno-Kazakhstanskaya, with 80.4 per cent. Moreover, the Committee notes that, according to the Summary Outline for the 2006 Action Programme on the elimination of the worst forms of child labour through education and employment of youth aged 14–18, UNICEF data showed that only 75 per cent of children from 7 to 11 regularly attend school and do not miss classes without reason. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to provide information on the impact of these programmes and measures on improving the quality of free basic education and, in particular, on reducing the school drop-out rates.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking and commercial sexual exploitation. In its previous comments, the Committee had noted that, according to the information available at the Office, Kazakhstan is a source, transit and destination country for people trafficked for the purposes of sexual exploitation: men, women and children are trafficked to the United Arab Emirates, Turkey, Israel, South Korea, Greece, Cyprus, Russian Federation, Syria and Western Europe. It had noted that, according to the same source, Kazakhstan’s interagency National Working Group on Trafficking in Persons had made progress in implementing the National Action Plan for fighting, prevention and protection against human trafficking adopted in 2004, but that prosecution numbers remained low relative to the size of the problem. The Committee notes that the Committee on the Rights of the Child reiterated this concern in its concluding observations of 8 June 2007 (CRC/C/KAZ/CO/3, paragraph 65). It also notes that, in continuity with the 2004 National Action Plan, a subsequent plan was adopted for 2006–08. Furthermore, an ILO–IPEC action programme to mobilize the community to combat the worst forms of child labour was implemented from May to December 2007 in the South Kazakhstan oblast. This action programme aims to benefit children working in the worst forms of child labour, including those engaged for commercial sexual exploitation, by applying four strategies: (a) community mobilization; (b) direct assistance to the children and their families; (c) awareness raising and advocacy; and (d) child labour monitoring. The Committee notes, however, that, despite these efforts, the Committee on the Rights of the Child remained concerned at the prevalence of national and cross-border trafficking in Kazakhstan (CRC/C/KAZ/CO/3, paragraph 67). Consequently, the Committee urges the Government to redouble its efforts to withdraw children from trafficking, commercial sexual exploitation and prostitution, and rehabilitate them. It requests the Government to provide information on the concrete impact of the measures implemented on withdrawing children from being engaged in those types of worst forms of child labour, and on the results attained.

2. Hazardous work. The Committee notes the Government’s information that the Zabota Crisis Centre implemented a programme to monitor the worst forms of child labour in the city of Almaty and the Almatynskaya region from April to December 2006. The objective of the programme was to provide education and rehabilitation to children identified as being involved in the worst forms of child labour. The Committee also notes that an ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures targeting working children and at-risk children in Almaty City and Almaty oblast was implemented in 2007. The programme, which targets at least 600 children, aims to benefit children involved in hazardous work like carrying heavy weights in the markets, car washing and workers at gas stations by offering social rehabilitation and adaptation courses at the Zabota Crisis Centre. The Committee requests the Government to provide information on the number of children who were withdrawn from the worst forms of child labour and rehabilitated as a result of the abovementioned programmes.

Clause (d). Identify and reach out to children at special risk. 1. Street children. In its previous comments, the Committee had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 10 July 2006, at the increasing number of street children and inappropriate policies and programmes implemented by the juvenile affairs services to address the situation (CRC/C/15/Add.213, paragraph 74). The Committee notes that the Committee on the Rights of the Child expressed, in its concluding observations of 8 June 2007, its deep concern that no adequate efforts have been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61). The Committee on the Rights of the Child urged the State party to intensify its efforts to provide protection and assistance to children living in the streets, considering their vulnerability to trafficking and economic and sexual exploitation, on the basis of comprehensive studies. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to ensure that they are protected from the worst forms of child labour and, in particular, from trafficking and prostitution. It requests the Government to provide information on the progress made in this regard.

2. Children deprived of family care (orphans). The Committee notes that an ILO–IPEC action programme for child labour prevention among children deprived of family care (orphans) through improving their access to professional education was implemented in 2007. According to the summary outline of this programme, the number of children without parental care in Kazakhstan is on the increase. In 2007, there were about 100,000 children registered as orphans. More than 17,000 children live in orphanages, youth houses and boarding schools. Furthermore, the summary outline indicates that, according to the alternative report of Kazakhstani non-governmental organizations on the implementation of the UN Convention on the Rights of the Child, the prostitution of minors is widely spread in Kazakhstan, with 40 per cent of girls having received money for their sexual services, and that a significant part of this category of children is constituted of teenagers living under no parental guardianship. In this regard, the action programme aims to prevent orphan children aged 13–18 from falling into the worst forms of child labour through access to education and ensuring proper employment. The Committee requests the Government to provide information on the number of children deprived of family care who were protected and prevented from being engaged in the worst forms of child labour as a result of this action programme.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to the Government’s report, studies on child labour were carried out in Kazakhstan which revealed that children are mostly engaged in the informal and agricultural (tobacco and cotton) sectors. However, it observes that very little information was provided on the situation of children engaged, more specifically, in the worst forms of child labour. Furthermore, it notes that, in its concluding observations of 8 June 2007, the Committee on the Rights of the Child expressed its regret that disaggregated data are not available with regard to children involved in commercial sexual exploitation, including prostitution, pornography and trafficking, as well as children working and/or living in the streets (CRC/C/KAZ/CO/3, paragraph 20). The Committee urges the Government to take measures to ensure that sufficient data on the commercial sexual exploitation of children, child trafficking and street children is available. The Committee also requests the Government to continue providing information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex.