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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ouzbékistan (Ratification: 2008)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Clause (b). Worst forms of child labour. Use, procuring or offering of a child for prostitution. The Committee previously observed that section 10 of the Act on guarantees of the rights of the child (which provides for the protection of persons under 18 from all forms of exploitation, including inducement to criminal activity and prostitution) covers the prohibition of procuring or offering of a child for prostitution, but not the use of a child for that end. It also noted that section 190 of the Code on Administrative Liability states that prostitution is punishable by a fine from one to three times the minimum wage. The Committee observed that this provision appeared to penalize a person who works as a prostitute, but does not penalize a person who hires or uses a prostitute, as a client. It also noted the Government’s indication that three children had been convicted for prostitution, and recalled in this regard that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders.

The Committee notes the Government’s statement that the national legislation covers the use of both boys and girls for the purpose of prostitution. However, the Committee observes that the Government refers in this respect to provisions which appear to only criminalize the engagement in prostitution, and not a person who might exploit a child for this purpose. The Committee requests the Government to indicate the relevant provisions prohibiting the use (that is, by a client) of children under 18 years of age for the purpose of prostitution, and to provide information on the application of such provisions in practice. Moreover, noting an absence on this point in the Government’s report, the Committee requests the Government to provide information on the measures taken to ensure that children who are victims of commercial sexual exploitation are treated as victims rather than offenders, and to ensure that they receive the services necessary for their rehabilitation and social reintegration.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. Following its previous comments, the Committee notes the Government’s statement that, in January 2013, the National Inter-departmental Committee to Fight Trafficking in Persons approved the 2013–14 Plan of Measures to further Enhance the Effectiveness of the Fight against Trafficking in Persons. It also notes the Government’s statement that it provides medical, psychological and legal help to victims of trafficking with a view to their protection and rehabilitation. The Government indicates that the centre for the rehabilitation of victims of trafficking has provided services to more than 976 persons, including children. The Committee encourages the Government to pursue its efforts to eliminate the sale and trafficking of persons under 18 years of age, and to provide information on the measures taken in this regard, including measures taken within the framework of the 2013–14 Plan. It also requests the Government to continue to provide services for the rehabilitation and social reintegration of child victims of trafficking, and to provide information on the number of children benefitting from such services.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations (2 June 2006, CRC/C/UZB/CO/2, paragraph 62), expressed its concern at the increasing number of street children. In this regard, the Committee noted the information from the UNICEF that the official number of street children had doubled between 2001 and 2004. However, the Committee noted the Government’s indication that 2,380 street children had been identified and settled, and that the implementation of the Prevention of Child Neglect and Juvenile Delinquency Act of 2010 would contribute to addressing this issue.

The Committee notes the Government’s statement that in 2012, 7,120 children who were victims of neglect benefited from social and legal assistance centres run by the Ministry of Internal Affairs. These centres provide children and young persons with food, clothing, and bedding. The Committee also notes that the CRC, in its concluding observations of 10 July 2013, expresses its deep concern regarding the increase in numbers of children living and working on the streets and regarding insufficient measures for addressing the situation of children in street situations, who are subjected to the worst forms of exploitation, including begging in the street, extreme marginalization, homelessness and are at risk of becoming victims of trafficking and sexual exploitation (CRC/C/UZB/CO/3-4, paragraph 67). Considering that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that persons under 18 living and working on the streets are protected from these worst forms. It requests the Government to provide information on the specific measures taken in this regard, with its next report.

[The Government is asked to reply in detail to the present comments in 2014.]