Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Autre commentaire sur C182

Observation

2023

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in the informal economy. The Committee previously noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It also noted that according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, children employed in hazardous work constituted 42.2 per cent of the total number of working children (177,000) and 68.6 per cent of the total number of child labourers (109,000) which represented about 74,700 children. Of this, 85 per cent of children were aged 12 years or older.

The Committee notes the following measures taken by the Government to reduce the involvement of children in illegal work, including in the informal economy:

-a Working Group was created pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children;
-a national campaign was carried out on labour inspection in agriculture entitled “Prevention and Combating of undeclared/illegal work and risks related to the use of dangerous equipments and pesticides in agriculture”;
-a national campaign of labour inspection in the construction sector was held from March to August 2012 in order to prevent and combat the illegal employment of children and violations of labour law on safety and health at work;
-regular monitoring and inspection activities were undertaken from April to September 2012, in the various sectors, including agriculture with particular attention being given to young persons under 18 years of age;
-notifications on the possible consequences of employing children in violation of the provisions of labour law were issued to employers by the Child Labour Monitoring Unit of the labour inspectorate;
-special provisions for the conditions of participation of students and children of school-going age in the field during harvesting have been set up by the Ministry of Education. According to these provisions, children over 15 years of age may be involved in work, which is not considered dangerous to life and health for a maximum of two weeks during the school year with the subsequent recovery of schooling hours. Teachers were required to accompany students and take care of their safety during such work.

The Committee notes, however, from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that children continue to be involved in the worst forms of child labour, particularly in hazardous activities in agriculture. While noting the measures taken by the Government, the Committee expresses its concern at the continued prevalence of the worst forms of child labour, particularly hazardous work in agriculture. The Committee therefore requests the Government to redouble its measures to protect children under the age of 18 years from performing hazardous work in the informal economy. It requests the Government to provide information on the measures taken in this regard, including with regard to expanding the reach and strengthening the capacity of the labour inspectorate.

Article 5. Monitoring mechanisms. Centre for Combating Trafficking in Persons (CCTP). The Committee notes the Government’s indication that in 2011, the CCTP established by the Ministry of Internal Affairs, opened 24 cases of child trafficking involving 23 children, including 16 girls and seven boys. Furthermore, during the first half of the year 2012, ten cases of child trafficking involving eight children, including seven girls and one boy were investigated. The main destination countries remain the Russian Federation, Turkey and Italy. The Committee further notes from the Government’s report that according to the data from the Ministry of Justice, during the period from 2010 to 2012 (first half), 17 persons were convicted for the offences related to the trafficking of children. The Committee requests the Government to continue providing information on the number of cases of trafficking of children that have been recorded by the CCTP, as well as the investigations, prosecutions, convictions and sanctions applied.

Article 6. Programmes of action. National Action Plan on preventing and eliminating the Worst forms of Child Labour 2011–15. The Committee notes the Government’s indication that it has approved a National Action Plan on preventing and eliminating the worst forms of child labour (NAP) for 2011–15, elaborated in cooperation with the ILO–IPEC. According to the Government’s report, the NAP includes over forty action plans. The Committee also notes from the Government’s report that within the framework of this NAP (i) a National Steering Committee for the Elimination of Child Labour was established; (ii) six action plans on preventing and eliminating the worst forms of child labour in the districts of Anenii Noi, Edinet, Ocnita, Singerei, Taraclia and Balti were approved; (iii) training programmes on the aspects of the worst forms of child labour was introduced for teachers, school psychologists and social workers; (iv) and community action programmes to prevent children from dropping out of school and to identify and withdraw children from the worst forms of child labour, especially in the rural areas, were introduced. In this regard, children of grades 1 4 were provided with free text books and free food. Transportation to school was provided for children from 16 districts to prevent school drop-outs. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP of 2011–15 on combating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee notes that according to a report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings prepared by the Group of Experts on Action against Trafficking in Human Beings (GRETA, February 2012), the National Referral System for Assistance and Protection of Victims and Potential Victims of Trafficking, which was launched in 2006 in five districts of the country, currently covers the whole territory of Moldova. The Committee notes from the GRETA report that apart from the five shelters which provide accommodation for victims of trafficking in Moldova, a Centre for assistance and protection of victims and potential victims of trafficking in human beings was set up in Chisinau in 2008, and two local centres providing services to victims and potential victims of human trafficking were established in Balti and Cahl in 2010. The assistance measures provided by the shelters and the centres cover physical, psychological and social recovery measures, including accommodation, medical and legal assistance as well as access to schools and vocational training. The Committee also notes from the GRETA report that according to the information provided by the Ministry of Labour, Social Protection and Family, 158 victims and potential victims of trafficking in human beings received assistance in 2008, 159 in 2009 and 139 in 2010. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to provide information on the number of victims of trafficking under the age of 18 years who have been removed and provided assistance at the Centres for assistance and protection of victims and potential victims of trafficking in human beings established in Chisinau, Balti and Cahl as well as in the five shelters established in Moldova.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC) in its concluding observations of February 2009 (CRC/C/MDA/CO/3, paragraph 62), that school enrolment rates of Roma children were low at all educational levels and that a significant proportion of Roma children did not attend primary school compared to non-Roma children and that only half of Roma children attended secondary school. The CRC also expressed concern at the limited possibilities for instruction in the Romani language.

The Committee notes the Government’s information that in order to prevent school drop outs among Roma children, the Government has introduced a financial support programme of 300–800 Moldovan leu (MDL), (about US$24–64) for Roma children and provisions for free books and free food from school until ninth grade. It also notes the Government’s information with regard to the introduction of various educational plans as well as social integration programmes in 2011–12 which include: (i) the introduction of a specific subject on the history, culture and traditions of Roma people within the school curriculum; (ii) the appointment of social facilitators from the Roma community at the Mihai Eminescu Lyceum in the district of Hincesti to teach in their native language; and (iii) the teaching in the Roma language of their traditions to a group of pupils from the high school in Mingir, Hincesti district and at the kindergarten in Nisporeni district.

The Committee notes from the Government’s report the difficulties arising with regard to the statistical information on the number of Roma children subject to compulsory education. The Government states that there is no disaggregated data on the number of Roma pupils because in accordance with the European practice, the section “nationality” was excluded from the statistical forms. Moreover, Roma people do not always have a permanent residence and identity documents and the majority of Roma children are registered as Moldovans. The Committee further notes the Government’s information that with regard to the introduction of Roma language as a compulsory subject in the school programme, further research needs to be undertaken to determine its literary standards as the language spoken by Roma people in different localities have different distinguishing features. The Committee notes from the Government’s report that in May 2012, 44 Roma children were enrolled at school. However, during the second half of the year, 105 children dropped-out from school. The Committee notes that the Committee on the Elimination of Racial Discrimination in its concluding observations of 6 April 2011 (CERD/C/MDA/CO/8-9, paragraph 15) expressed its concern at the continued marginalization and precarious socio-economic situation of members of the Roma community, and the discrimination with which they are faced in the fields of education, health and employment. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to increase their quality of education and to reduce their school drop-out rates so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken in this regard and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report, that within the context of the activities to combat the worst forms of child Labour, a total of 177 cases were opened in 2011 for the violations of the provisions of the Penal Code, including section 168 (forced labour, eight cases), section 183 (violation of labour protection, 58 cases), section 206 (trafficking of children, 24 cases), section 208 (instigation of minors into criminal activities, 82 cases) and section 302 (involving minors in begging, two cases). Out of these, 95 cases were brought to justice. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, the data provided shall be disaggregated by age and sex.