Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Macédoine du Nord (Ratification: 2002)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s statement that it is not permitted to involve minors in armed conflict or recruit them in units that carry out military manoeuvres. In this regard, the Committee notes that section 3 of the Law on Defence states that persons between the ages of 18 and 55 shall be eligible for military service in the Armed Forces. It also notes that article 20 of the Constitution prohibits military or paramilitary associations which do not belong to the Armed Forces of the Government.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted that section 6(2) of the Law on the Protection of Children states that Government institutions shall undertake all requisite measures for the protection of children from the use of children in the illegal production and trafficking of narcotics and psychotropic substances. However, the Committee observed that this provision did not include penalizing adults who use children for such purposes.

The Committee notes the Government’s statement that the relevant governmental institutions are taking all necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. However, the Committee notes an absence of information on any measures taken to prohibit the engagement of children in illicit activities. It accordingly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs is prohibited, in conformity with Article 3(c) of the Convention.

Article 6. Programmes of Action. National Action Plan for the Rights of Children 2006–15. The Committee previously noted the adoption of the National Action Plan for the Rights of Children 2006–15 in March 2006, and that this Plan included strategies to address the worst forms of child labour. The Committee requested the Government to provide information on concrete measures taken in this regard.

The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern at the slow implementation of this National Plan of Action and that no specific funds had been earmarked for this purpose (CRC/C/MKD/CO/2 paragraph 12). The Committee encourages the Government to strengthen its efforts with regard to the implementation of the National Plan for Rights of Children 2006–15, particularly with respect to measures aimed at the prevention and elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that, pursuant to amendments of the Law on Social Protection street children and their families have the right to daily care, including educational services, counselling and recreational activities and that two daily centres for street children have been established in this regard. However, the Committee also noted the information from UNICEF that many street children were engaged in begging, and that 59 per cent of such children were under the control of adults. It also noted that these street children were vulnerable to trafficking.

The Committee notes the information in the Government’s report that according to data from the Ministry of Labour and Social Policy, there are approximately 1,000 street children in the country, 95 per cent of whom are Roma, and that labour exploitation and begging contribute to this phenomenon. The Government indicates that the Ministry of Labour and Social Policy works consistently with the Ministry of the Interior to implement activities to prevent street children, including assessments of family situations. The Committee also notes the Government’s indication that the Ministry of Labour and Social Policy, in cooperation with UNICEF, is implementing a project for improved social protection for street children entitled “Children-at-risk Breaking the Cycle of Social exclusion of Children in Macedonia”, which will contribute also to the goals under the Roma Inclusion Strategy. The project aims at developing services and programmes for children who live and work on the street, as well as their families. The Government indicates that, within this project, a Multidisciplinary Protocol for Treating Street Children in the Republic of Macedonia was introduced to establish a unified and standardized process that institutions should follow when treating street children. The Committee further notes the Government’s indication that mobility teams for street children operate in two municipalities, with the aim of identifying these children, and referring them to a daytime centre. It also indicates that the Ministry of Labour and Social Protection plans to launch a 24-hour transit centre which would provide shelter for at-risk children in Skopje, and provide supervision by social workers. Lastly, the Committee notes that the CRC, in its concluding observations of 23 June 2010, expressed deep concern regarding the growing number of street children, and about the absence of progress towards durable solutions to ensure these children protection, access to education and social reintegration (CRC/C/MKD/CO/2, paragraph 71). Recalling that children living and working on the street are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to ensure that such children under 18 years are protected from the worst forms of child labour, particularly trafficking and their use by adults for the purpose of begging. It requests the Government to continue taking measures in this regard, and to provide information on the results achieved.

Roma children. The Committee previously noted the Government’s indication in its report to the CRC of 12 June 2009 that school drop-out rates are significantly higher among Roma children (CRC/C/OPSC/MKD/1, paragraph 316). It also noted that the Government was participating in the Roma Inclusion Decade, through which it had taken several measures to reduce the school drop-out rate of Roma children.

The Committee notes the information in the Government’s report that it is coordinating a pre-school education programme for Roma children, aimed at enrolling 700 children in state-funded kindergarten by the end of 2011. The Government indicates that, in line with the National Roma Strategy and the Action Plan for Education, measures have been taken to facilitate access to secondary education for Roma children. The Committee also notes the Government’s indication that measures were taken to pay for the administrative fees for immunization for Roma children, as this immunization is a requirement for entering primary schools. The Government states that this was beneficial to Roma families because this expense had been a serious hindrance in enrolling their children into primary education. The Committee further notes the Government’s statement that a draft guidebook has been developed for the prevention of discrimination in the educational system. Moreover, the Government indicates that it continues a Roma student scholarship, mentoring and tutoring project that began in 2008. The Government indicates that in 2009–10, there were 444 high school scholarship recipients in 84 schools and 28 municipalities, and that only 2 students participating in this programme had dropped out of school. The Government also indicates that all Roma students are eligible for mentoring and tutoring, provided by 93 mentors and 68 tutors. Moreover, in 2010–11, 613 students participated in the scholarship and tutoring programmes. The Government also indicates that the programme resulted in higher attendance rates for Roma students, as well as better communication between the schools and parents of the students. Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts with regard to facilitating access to education for Roma students. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s statement that there was an unsatisfactory level of coordination among the different institutions that deal with the prevention of the worst forms of child labour. It also noted the information from UNICEF that children in poor households are often forced, out of economic necessity, into situations where they are compelled to work in exploitative conditions, including prostitution, and that they were at-risk for becoming victims of trafficking.

The Committee notes the Government’s statement that it has not received any complaints concerning persons under 18 years of age working in exploitative conditions. Nonetheless, the Committee notes that the CRC, in its concluding observations of 23 June 2010, expressed concern about weak implementation of child labour laws and policies, and the incidence of child labour in the informal sector, in particular begging and street-vending (CRC/C/MKD/CO/2 paragraph 69). It also notes that the CRC, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 11 June 2010, expressed concern that targeted preventive measures against the exploitation of children, including their engagement in forced labour, prostitution, and pornography, as well as measures to identify the root causes and extent of the problem, remain limited (CRC/C/OPSC/MKD/CO/1 paragraph 24). The Committee, therefore, requests the Government to strengthen its efforts with regard to the prevention and elimination of the worst forms of child labour. It requests the Government to provide information on the measures taken, and the results achieved, particularly information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.