Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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 (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 did not include penalizing adults who use children for the illegal production and trafficking of drugs. The Committee noted the Government’s statement that the relevant governmental institutions were taking the necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary measures to ensure that the use of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, is prohibited, as a matter of urgency.

Article 4(1) of the Convention. Determination of types of hazardous work. The Committee previously urged the Government to take the necessary measures to ensure that the draft regulation, containing the list of types of work prohibited to persons under the age of 18, was enacted.

The Committee notes with interest the Government’s indication that the Rulebook on the minimal requirements for safety and health during work for young workers was adopted and published on 15 November 2012. The Rulebook prescribes the minimum occupational safety and health requirements for employees younger than 18 years of age. In addition, the Rulebook prescribes the list of harmful factors and working conditions to which young workers should not be exposed. This list includes: activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. This list also includes: jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern that children are trafficked for various purposes to, from and within the borders of the country (CRC/C/MKD/CO/2, paragraph 75).

The Committee notes the Government’s information that the subgroup for the fight against human trafficking, which consists of representatives of ministries, institutions, and international and non-governmental organizations, is the organ in charge of monitoring and analysing the situation of child trafficking. According to the Government, in 2012, four child victims of trafficking were identified, including one boy of 12 years of age. In 2013, three girl child victims of trafficking were identified, one aged 12 and two aged 14. The Committee encourages the Government to pursue its efforts to strengthen the capacity of the mechanisms in place to ensure the effective monitoring and elimination of child trafficking. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved.

Article 6. Programmes of action. 1. Action Plan for Combating Trafficking in Children. Following its previous comments, the Committee notes the Government’s information that, a national strategy for the fight against human trafficking and illegal migration was prepared for 2013 to 2016, as well as a national action plan (NAP) for the same period. The Committee notes, however, that in its concluding observations of 4 December 2012 under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MKD/CO/1, paragraph 12), the CRC expressed its concern that plans and programmes on human trafficking were poorly coordinated. The Committee therefore requests the Government to strengthen its efforts to prevent and eliminate the trafficking of persons under 18 years of age, and to provide information on the results achieved in this regard. Moreover, the Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP and the national strategy for the fight against human trafficking and illegal migration on combating child trafficking.

2. 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 noted, however, that the 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). Noting the absence of information on this point in the Government’s report, the Committee urges the Government to strengthen its efforts with regard to the implementation of the National Plan for the 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. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from these worst forms. Forced labour, child prostitution and child pornography. The Committee notes the Government’s information regarding the educational measures adopted with a view to preventing child trafficking, including: 66 preventive lectures for 4,160 pupils in 38 schools; an educational workshop with 120 students, 20 parents, and 20 teachers; the education of youth in the rural areas for vulnerable and at-risk categories of citizens; and an art and creative exhibition with the theme of human trafficking.

The Committee notes, however, that the CRC, in its concluding observations of 4 December 2012, under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MKD/CO/1, paragraphs 24, 33 and 37), expressed concern that targeted measures against the exploitation of children, including their engagement in forced labour, prostitution and pornography, and measures to identify the root causes and extent remain limited. Moreover, the CRC expressed its concern that protection is not systematically provided to child victims of crimes other than trafficking and child prostitution, including children exploited for forced labour, and that child victims of such exploitation may be stigmatized and socially marginalized. Finally, the CRC expressed its concern that measures to ensure recovery and reintegration have been concentrated on child victims of trafficking, and that there is an absence of information on resources specifically allocated for the recovery and reintegration of child victims of prostitution and pornography. While the Committee welcomes the Government’s efforts with regard to the protection of children from trafficking, it urges the Government to take effective and time-bound measures to prevent and remove children from the worst forms of child labour, in particular from becoming victims of commercial sexual exploitation or forced labour, and to provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour.