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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Kazakhstan (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Article 5 of the Convention. Monitoring mechanisms. Trafficking. The Committee previously noted the Government’s statement that, due to the relatively favourable socio-economic situation in Kazakhstan, the country has become a destination country for children searching for work, and that the openness of the Kazakhstani borders and inadequate immigration legislation have resulted in the uncontrolled entry of children into Kazakhstan. However, the Committee noted that only six persons were prosecuted for trafficking of children pursuant to section 133 of the Criminal Code. The Committee observed that the Human Rights Committee (CCPR), in its concluding observations of 19 August 2011, noted the Government’s efforts to combat trafficking of human beings, including the establishment of the Interdepartmental Commission against human trafficking, but also expressed regret at the increase in the number of reported crimes related to trafficking in human beings (CCPR/C/KAZ/CO/1, paragraph 16). The Committee further noted that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 7 June 2010, expressed deep concern that trafficking in women and children remained a serious problem despite efforts undertaken by the Government (E/C.12/KAZ/CO/1, paragraph 26).

The Committee notes from ILO–IPEC information relating to the project on Combating Child Labour in Central Asia (PROACT CAR Phase III) that a National Action Plan against Human Trafficking (NAP) for 2012–14 was approved in October 2012. The NAP will ensure coordinated work on combating, preventing and prosecuting human trafficking.

The Committee also notes from the Government’s combined third and fourth periodic reports of March 2012 to the Committee on the Elimination of Discrimination against Women (CEDAW) (report of 2012 to CEDAW) that an Interdepartmental Commission for combating the transfer abroad, entry and trafficking in persons has been in operation in Kazakhstan for eight years. The Committee also notes from this report that, in 2011, within the framework of the Commonwealth of Independent States, a coordinated council of procurator-generals adopted a plan of joint action to combat trafficking in persons. The Committee further notes the Government’s information in its report of 2012 to CEDAW that steps are being taken to train the staff of the internal affairs authorities, the migration service, and the procurator’s office, in methods for the detection, investigation, prevention and suppression of trafficking in persons. In this regard, the Ministry of Internal Affairs, together with the Office of the International Organization for Migration (IOM), adopted a methodological recommendation for the investigation of offences involving trafficking in persons. Furthermore, in conjunction with the United States Embassy and the association for combating trafficking in persons in Central Asia, a training project was conducted in September 2009 and March 2010 for 900 neighbourhood police officers in nine provinces in order to heighten their awareness of trafficking in persons and help prevent such practices (CEDAW/C/KAZ/3-4, paragraphs 252, 254 and 255). The Committee notes from the additional information provided by the Government of Kazakhstan to the CCPR in September 2012 that, according to statistical data provided by the Office of the Procurator-General for 2011, 21 cases of trafficking in minors were registered, of which 14 cases went to trial under section 133 of the Criminal Code (Trafficking in minors) (CCPR/C/KAZ/CO/1/Add.1, paragraph 162). The Committee requests the Government to continue providing information on the number of cases of trafficking in minors registered by the Procurator’s Office and on the prosecutions, investigations and penalties imposed in relation to such offences. It also requests the Government to provide information on the data related to trafficking in children collected by the Interdepartmental Commission on combating trafficking in persons. The Committee finally requests the Government to provide information on the implementation of the NAP in terms of strengthening the capacity of the law enforcement agencies in combating the trafficking of children, and the results achieved.

Article 7(1) and Part III of the report form. Penalties and court decisions. Commercial sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation was not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reached the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also noted the Government’s statement that punishment for the exploitation of minors was very rarely administered. The Committee also noted the Government’s indication that an Act to amend certain laws and regulations of the Republic of Kazakhstan in respect of the protection of the rights of the child was passed on 23 November 2010, and that this Act introduced criminal liability for trading pornographic images of minors and for the involvement of minors in performances of a pornographic nature.

The Committee notes an absence of information in the Government’s report on the application of the provisions prohibiting the commercial sexual exploitation of children. The Committee, therefore, once again requests the Government to provide, in its next report, information on the application of the relevant prohibitions of the involvement of children in commercial sexual exploitation, including the number of violations detected, prosecutions, convictions and penalties applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the 2009 information from UNESCO indicating that there was a net enrolment rate of 90 per cent at the primary level, and a net enrolment rate of 86 per cent at the secondary level. The Committee also noted that the “Road to school” action programme began in 2008 to provide support for children from low-income families in attending school. However, the Committee noted that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers on tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27).

The Committee notes the Government’s information that during the “Road to school” initiative of 2012, 1,376 articles were published, 457 video clips were broadcast, and 114 speeches were aired. The Committee also notes the Government’s information that the various measures undertaken within this initiative covered a total of 284,900 children from impoverished families, who received assistance totalling over 1.7 billion Kazakhstan tenge (approximately US$1,113,900). Recalling that access to free basic education contributes to preventing the worst forms of child labour, the Committee requests the Government to pursue its efforts to ensure that all children, including children of migrant workers, have access to free basic education. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

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. Child victims of trafficking. The Committee previously noted the Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 3 November 2009, that there is an urgent need to rehabilitate victims of human trafficking, including through special crisis centres. The Government indicates in this report that funding has been earmarked for this purpose, and that it is working with non governmental organizations to create crisis centres to temporarily house and rehabilitate victims of human trafficking (A/HRC/WG.6/7/KAZ/1, paragraph 92).

The Committee notes from the Government’s report of 2012 to CEDAW that, of the 22 crisis centres, six focus mainly on helping victims of trafficking in persons. Moreover, there are two shelters in Almaty and in Kokshetau and one centre for the rehabilitation of victims of trafficking in persons in Astana, which provide legal, medical, psychological and other support and assistance to victims of trafficking. The Committee also notes from this report that, in 2010, 20 victims of trafficking, including five foreign nationals, received assistance (CEDAW/C/KAZ/3-4, paragraphs 64, 228 and 236). The Committee requests the Government to provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in the crisis centres and shelters for the victims of human trafficking.

Clause (d). Identify and reach out to children at special risk. Street children and children engaged in begging. Following its previous comments, the Committee notes the Government’s indication that, within the framework of the programme “Children in the City at Night”, during the first six months of 2013 unscheduled raids were carried out in all regions, involving 22,000 representatives from the protection of rights of the child, education, internal affairs, public associations, youth and children’s organizations. The Committee also notes that, during the implementation of this initiative in 2013, 5,643 facilities, including entertainment establishments, clubs, railway stations and car washes, were inspected and a total of 1,315 minors were found outside their homes, while 76 cases of exploitation of minors were detected. The Committee also notes from the additional information provided by the Government to the CCPR in 2012 that the Ministry of Internal Affairs carries out “children and night work” raids across the country every three months in order to identify adults engaged in using child labour.