Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that section 206 of the Criminal Code, on the trafficking in children, includes a prohibition on the recruitment, transportation, transfer, sheltering, in addition to the giving or receiving of payments or benefits in order to obtain the consent of the person who is in control of the child, for the purpose of, inter alia, the use of the child in the pornography industry. The Committee notes with interest that section 208.1 of the Criminal Code on child pornography, which came into force on 7 December 2007, prohibits the production, distribution, dissemination, import, export, provision, trade, change, use or possession of images or other representations of one or more children involved in sexual activities.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 217 of the Criminal Code prohibits the production and trafficking of drugs and psychotropic substances. The Committee notes that section 208(1) of the Criminal Code prohibits involving minors in any criminal activity, instigating minors to commit a crime, or luring minors to engage in immoral acts. The Committee also notes that, pursuant to section 208(2), when this offence is committed by a parent, teacher or other legal protector of the child, the penalty is more severe. Lastly, the Committee notes that section 302 of the Criminal Code prohibits involving minors in begging.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that section 255 of the Labour Code prohibits persons under 18 from performing heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, or the trade in alcoholic drinks, tobacco products, narcotic and toxic products). However, the Committee noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing hazardous work.

The Committee notes the Government’s information, in its report submitted under Convention No. 138, that on 12 August 2007, the Government, employers’ and worker’s organizations concluded the Collective Agreement (national level) No. 8 on the elimination of the worst forms of child labour (Collective Agreement). The Committee notes that the Collective Agreement prohibits the employment of children under 18 years in hazardous work stipulated in Government Decision 562 of 1993, as an annex to the Agreement. The Committee also notes that section 7 states that the provisions of the present Collective Agreement applies to all establishments, regardless of their type of property and legal form of organization. The Committee further notes that pursuant to section 1 of the Collective Agreement, a child is defined as any person under 18 years, and section 2 and Annex One identify hazardous forms of work and provide a comprehensive list of types of work prohibited for children. The Committee requests the Government to indicate if, pursuant to section 7, the Collective Agreement applies to children who are not under an employment relationship, such as self-employed workers under the age of 18.

Article 5. Monitoring mechanisms. Labour Inspection Office. The Committee refers to its direct request made in 2007 under the Labour Inspection Convention, 1947 (No. 81), in which it noted the information provided by the Government that measures have been adopted, on the basis of Order No. 105 of 30 May 2007 by the General Labour Inspector, to promote the observance of the legislation relating to young persons under 18 years of age. The Committee notes the information in the ILO–IPEC report entitled “Activities for Combating Child Labour and Trafficking in Children in Moldova” (ILO–IPEC Report) that a Child Labour Unit within the Labour Inspection Office was established. The ILO–IPEC Report also indicates that between January to October 2007, the Labour Inspection Office of Moldova registered 340 cases of hazardous child labour. The Committee also notes the information in the ILO–IPEC Technical Progress Report (TPR) that in February 2008, ILO–IPEC implemented the action plan “Mainstreaming, Capacity Building and Resources Mobilization for Upscaling the Child Labour Monitoring System (CLMS) and Youth Employment Models in Moldova”. The Committee further notes the information in the TPR that this programme involved workshops for officials and employers, information sessions for children, and the deployment of multidisciplinary teams in five identified regions who identified child victims of the worst forms of child labour and children at risk, who were then referred to relevant services. The Committee requests the Government to provide information on the impact of the
ILO–IPEC action plan as well as information on any other measures taken to strengthen the labour inspection system. The Committee also requests the Government to continue to provide information on the functioning of the labour inspection system, particularly with regard to the Child Labour Unit. In this respect, it requests the Government to provide information on the number and nature of violations detected and extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action to combat trafficking in persons. The Committee previously noted that the National Plan of Action to combat trafficking in persons was approved in 2001, and that a second National Plan of Action to combat trafficking in persons for the period of 2005–06 was being implemented. The Committee notes the Government’s statement in its written reply of 29 December 2008 to the list of issues of the Committee on the Rights of the Child (CRC) that pursuant to Government Decision No. 472 the National Plan of Action to combat trafficking in persons for 2008–09 was approved. The Committee also notes the information that this Plan was developed with relevant ministries and civil society, considering the regional standards and experience in the activity of prevention and combating human trafficking, with the strategic aim of the improvement of the capacities of the Government and non-governmental institutions to prevent and combat child trafficking (CRC/C/MDA/Q/3/Add.1, paragraph 16). The Committee requests the Government to provide information on the concrete measures taken pursuant to the National Plan of Action to combat trafficking in persons for 2008–09, and its impact on the elimination of child trafficking.

2. Collective Agreement (at the national level) on the elimination of the worst forms of child labour. The Committee notes that all parties (the Government, employers’ and workers’ organizations) to the Collective Agreement have the obligation to mainstream child labour issues in training programmes and research projects (taking into account the need to identify sectors where child labour is widespread), to provide information on the worst forms of child labour to interested institutions, to undertake information campaigns on the worst forms of child labour and their consequences, to negotiate and sign a Code of Conduct on the elimination of the worst forms of child labour in at least one branch of the national economy, and to create permanent specialized councils on child labour as part of the National Commission for collective consultation and bargaining, as well as at the level of territorial commissions. The Committee also notes that pursuant to section 3 of the Collective Agreement, employers have the following obligations: to not admit children to work in professions and work with harmful conditions; to withdraw children from the worst forms of child labour and refer them to types of work which are not prohibited; to negotiate with representatives of workers to provide additional protection for children in collective labour contracts; and to undertake all necessary measures to ensure the efficient implementation and enforcement of the provisions of the Collective Agreement. The Committee requests the Government to provide information on the implementation of this Collective Agreement, and the results obtained.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Education. The Committee previously noted that the Government was taking measures to reduce school drop-out rates and to improve the functioning of the education system and requested the Government to provide information on these measures taken by the Ministry of Education and Youth. The Committee notes the Government’s information that significant educational measures are included in the programme implemented by the National Centre for the Prevention of Child Abuse (CNPAC), in cooperation with ILO–IPEC as part of the “Mainstreaming, Capacity Building and Resources Mobilization for Upscaling the Child Labour Monitoring System (CLMS) and Youth Employment Models in Moldova” project. The Committee notes that this programme entailed providing 276 children with lessons on the development of academic skills and on particular school subjects. The Committee also notes that 152 children benefited from referrals to a programme which supports school attendance and prevents drop outs, by determining the educational needs of the particular child (such as school supplies, text books and clothes). The Committee further notes that this programme engaged 300 children in support groups which aimed to help children who were withdrawn from the worst forms of child labour with social reintegration and develop life skills, and that 449 young persons received individual education and job counselling support, and 154 young people benefitted from vocational training, provided by the National Employment Agency.

The Committee notes the information in the Government’s report that through these initiatives 499 children were prevented from engaging in hazardous agricultural work (and an additional 64 withdrawn), 166 children were prevented from hazardous work and illegal street activities (and an additional 38 withdrawn), 104 were prevented from being trafficked (and an additional eight withdrawn), for a total of 877 children prevented and withdrawn from the worst forms of child labour. In addition to these direct beneficiaries, 1,080 pupils from the graduating class and 104 adults benefitted from group education and job counselling, and 3,044 children, teachers and parents participated in informational meetings on the consequences of child labour exploitation. The Committee requests the Government to continue to provide information on measures taken to improve the functioning of the education system, particularly with regard to preventing the engagement of children in the worst forms of child labour. The Committee also requests the Government to continue provide information on the functioning of the programme of the National Centre for the Prevention of Child Abuse, including information on the number of child victims of the worst forms of child labour who have been removed and rehabilitated, as a result of its implementation.

2. Trafficking. The Committee previously noted that Moldova was one of the countries participating in the first phase (2004–06) of the ILO–IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine” and that Phase II of this project had begun.

The Committee notes the information in the Government’s report that in 2008, pursuant to the Government Decision No. 948, regulations for the procedure of repatriation of victims of trafficking, unaccompanied minors and illegal migrants was established. The Committee notes that, in 2008, 12 repatriation missions were undertaken, involving 44 children identified in the Russian Federation, Ukraine, Czech Republic, Spain, Turkey and Ireland. The Committee also notes that, in the first semester of 2009, six repatriation missions were undertaken, involving 12 children identified in the Russian Federation, Ukraine and Sweden.

Moreover, the Committee notes the Government’s information in its report to the CRC that since 1 January 2006, victims of trafficking benefit from state-run services, including services for professional integration, or a reintegration allowance equivalent to 15 per cent of the monthly average salary (CRC/C/MDA/3, paragraphs 284 and 416). The Committee requests the Government to continue to provide information on the abovementioned repatriation programme, including the number of children repatriated as a result. The Committee also requests the Government to provide further information on the services available to child victims of trafficking, and provide information on the number of children who have benefited from these services. It further requests the Government to provide information on the implementation of Phase II of the ILO–IPEC project “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”.

Clause (d). Identifying and reaching out to children at special risk. Street children. In previous comments, the Committee requested the Government to provide information on the impact of the measures taken pursuant to the Government Decision No. 233 of 2001 (on reducing the social phenomena of street children, vagrancy and begging) on protecting street children from the worst forms of child labour. The Committee notes the information in the Government’s report that the Municipal Division for Children Rights Protection of Chisinau (CRP Chisinau) has undertaken measures to prevent and diminish the phenomena of begging, vagrancy and street children, including measures facilitating access to social services and joint initiatives with the police. The Committee also notes that the CRP Chisinau operates an emergency service, with the aim of preventing vagrancy and begging among minors. Within the framework of this service, 154 raids (visiting 417 families) were undertaken in the 2008–09 period. The Committee further notes the information in the Government’s report to the CRC of the 10 July 2008 that, in order to prevent and reduce the phenomenon of children who live or work in the street, the Government offers accommodation, food and rehabilitation services in ten placement centres and that children are also offered social reintegration through: family reintegration, long-term placement, guardianship and adoptions (CRC/C/MDA/3, paragraph 422).

The Committee notes that the CRC, in its concluding observations of 20 February 2009, recommended that the Government take all necessary measures to ensure that children living or working in the streets have equal access to social and other services (including health care) and requested the Government to develop effective strategies to address the root causes behind children living or working in the streets and to increase awareness of their rights (CRC/C/MDA/CO/3, paragraph 67). The Committee requests the Government to provide information on measures taken pursuant to these recommendations and requests the Government to continue to provide information on measures taken to protect street children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information in its written reply of 29 December 2008 to the list of issues of the CRC on the child trafficking, that the number of registered crimes (pursuant to section 206 of the Penal Code on child trafficking) was 42 in 2005, 57 in 2006 and 41 in 2007. The Committee also notes the Government’s indication in its reply that the number of victims of these registered crimes was 51 in 2005, 58 in 2006 and 46 in 2007. The Committee notes that while the majority of the victims were female, five boys were recorded as being trafficked for the purposes of begging in 2007 (CRC/C/MDA/Q/3/Add.1, paragraph 53).

The Committee notes the information from the ILO–IPEC report entitled “Steps to the elimination of child labour in Central and Eastern Europe”, published in 2007, that Moldova is reported to be one of the leading countries of origin for trafficked children. The Committee also notes that the CRC, in its concluding observations of 20 February 2009, while noting the measures taken by the Government, expressed concern about the prevalence of trafficking of children for the purposes, inter alia, of sexual and economic exploitation. The Committee expresses concern at the reports of the significant number of children in Moldova who are the victims of trafficking to other countries, and urges the Government to strengthen its efforts address this issue, within the framework of the National Plan of Action to combat trafficking in persons for 2008–09. The Committee also 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 206 of the Criminal Code which prohibits the trafficking of children for sexual or labour exploitation, for exploitation in slavery, forced labour, use in armed conflicts, and for use in criminal activity; and section 207 of the Criminal Code which prohibits the transportation of a child abroad using falsified documents or by other illegal means. The Committee had requested the Government to indicate the definition of the term “child” as used under sections 206 and 207 of the Criminal Code. The Committee notes the Government’s information that though the term “child” is not expressly defined for the purpose of the Criminal Code, it refers to persons under the age of 18 years, as per the national legislation. According to the provisions of the Law on child’s rights No. 38-XIII of 1994 and the Law on citizenship, a person is considered to be a child from the moment of birth up to the age of 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee had requested the Government to indicate the definition of the term “minor” as used in section 208 (prohibiting the encouragement of minors into immoral acts) and section 220(2)(a) (penalties for the offence of pimping committed against a minor). The Committee notes the Government’s information that the term “minor” is used to express the same notion as “child” which means persons under the age of 18 years, according to national legislation.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes the Government’s statement that the penalties for offering and using children for the production of pornography is envisaged in section 206 of the Criminal Code. According to section 206 of the Criminal Code, trafficking in children, which includes recruitment, transportation, transfer, sheltering, or giving or receiving a child, receiving payments or benefits in order to obtain the consent of the person who is in control of the child, for the purpose of commercial or non-commercial sexual exploitation, prostitution and use in the pornography industry, carries a penalty of imprisonment from ten to 15 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 208 of the Criminal Code forbids the instigation of minors into criminal activities and that section 217 prohibits the production and trafficking of drugs and psychotropic substances. It had requested the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs. Noting the absence of information on this point, the Committee once again asks the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs constitutes a crime within the meaning of section 208 of the Criminal Code.

Clause (d). Hazardous work. Self-employed workers. Noting that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract, the Committee had requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing hazardous work. The Committee notes the Government’s indication under Convention No. 138 that it is in the process of amending the Labour Code. The Committee encourages the Government to take the necessary measures to amend the relevant provisions of the Labour Code in order to ensure that children under 18 years of age carrying on an economic activity outside an employment contract, such as self-employment, are protected from hazardous work, in accordance with Article 3(d) of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that within the ILO/IPEC project entitled “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, research on the occupational safety and health aspects of hazardous work by children in agriculture was carried out from February to June 2007. It also notes that according to the ILO/IPEC Progress Report on the above project (page 7), in October 2005, the employers’ organization in agriculture launched a survey on child labour in the horticultural sector and signed a declaration against child labour in the agricultural sector. The Committee requests the Government to provide information in respect of the existing hazardous work performed by persons under 18 years in the agricultural sector, as per the results of the ILO/IPEC research on hazardous work by children in agriculture and the survey conducted by the employers’ organization in agriculture.

Article 5. Monitoring mechanisms. Centre for combating trafficking in human beings. The Committee notes the Government’s information that it established, in 2005, a centre for combating trafficking in human beings within the Ministry of Internal Affairs. The centre which aims to work effectively in the area of combating trafficking in human beings comprises the specialists from the Ministry of Internal Affairs, General Prosecutor’s Office, Information and Security Service, Centre for Combating Economic Crimes and Corruption, Customs Service, and Border Control Service. It also notes the Government’s information that the centre registered 61 cases of trafficking in children in 2006, and 28 cases of trafficking in children during the first six months of 2007. It further identified and dismantled 20 trafficking and illegal migration groups.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to combat trafficking in persons. The Committee had previously noted that the National Plan of Action to combat trafficking in persons was approved by Government Decision No. 1219 of 2001. According to the ILO/IPEC Progress Report of March 2006 (page 3), on combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine, phase I, the Government of Moldova approved in August 2005, the second National Plan of Action for preventing and combating trafficking in human beings for the period of 2005–06. The Committee requests the Government to provide information on the implementation of the Second National Plan of Action to combat trafficking in human beings and its impact on eliminating child trafficking.

Article 7, paragraph 1. Penalties. 1. Penalties for trafficking in children. Following its previous comments, the Committee notes the Government’s information regarding the number of persons convicted for the offences related to trafficking in human beings. According to this data, in 2006, a total number of 173 persons were convicted for crimes related to trafficking of persons, out of which seven persons were convicted for trafficking in children. Among the 173 convicted, 67 persons were sentenced to imprisonment, 59 persons were fined, seven persons were acquitted, and for the others the penalties were either suspended or lifted based on general pardon. Out of the 80 persons convicted for the offences related to trafficking of persons during the first five months of 2007, two persons were convicted for trafficking in children. Among the 80 persons convicted, 22 were sentenced to imprisonment, 52 persons were fined and for six persons the penalties were suspended. 

2. Penalties in general. The Committee notes the Government’s information on the application of the provisions of sections 167 (slavery and slave-like conditions), 168 (forced labour), 208 (involvement or encouragement of minors in criminal activities), 210 (pimping) and 302 (begging). According to the data collected by the Ministry of Internal Affairs, in 2006, 136 cases under section 208 were registered, out of which 40 were committed against minors. For the period of the first seven months of 2007, 69 cases under section 208 were registered, out of which 17 were committed against minors. Out of the 136 cases registered in 2006, 125 cases were directed to the courts and out of the 69 cases registered in the first seven months of 2007, 53 cases were directed to the courts.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education and Youth followed a strict monitoring of the school enrolment and school drop-out rates which resulted in a decrease in the number of children not attending school (224 children during the school year 2006–07 as compared to 438 children during 2005–06). The school drop-out rates were also reduced from 297 children during the school year 2005–06 to 141 children during 2006–07. It also notes the Government’s information that the Ministry of Education and Youth has issued instructions to the General Municipal/District Departments on Education, Youth and Sports to take urgent measures to improve the child schooling situation. These measures include: establishing joint commissions comprising the mayor, local counsellors, schoolmasters, members of parents’ groups, and policemen; organizing visits by this joint commission to the places where children not attending school and children at risk of abandoning school are residing; monitoring the education system; and filing cases against parents who prevent their children from going to school. It further notes with interest the Government’s indication that as part of the ILO/IPEC technical assistance project (combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine), during the period from 2005 to 2007, a total of 18,381 children from five ILO/IPEC target areas were reached through education and job counselling support, psychosocial services, information sessions against the worst forms of child labour, and back-to-school programmes supported by multidisciplinary professionals. The Committee requests the Government to continue providing information on the impact of the measures taken by the Ministry of Education and Youth to reduce school drop-out rates and increase the school enrolment rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that Moldova participated in the first phase (2004–06) of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, with three other countries: Albania, Romania and Ukraine. The Committee notes with interest the information contained in the ILO/IPEC Progress Report, 2006 (page 10), that an Action Plan within this project, namely “Improvement in care of child victims of trafficking and their long-term reintegration” was implemented in five ILO/IPEC areas in Moldova, which resulted in 25 children being withdrawn from trafficking, out of which 21 children were provided with non-educational services, and four children provided with educational services. This project has entered its second phase for the period from 2006 to 2009 covering the abovementioned four countries. The project aims to contribute to the reduction and elimination of trafficking and other worst forms of child labour through upscaling the already developed ILO/IPEC models relating to prevention, identification, and rehabilitation and thereby increasing the number of direct beneficiaries. The Committee requests the Government to provide statistical data on the number of children removed and rehabilitated from the worst forms of child labour, in particular from child trafficking as a result of the implementation of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee once again requests the Government to supply a copy of the Government Decision No. 233 of 2001 on certain measures to reduce such social phenomena as begging, vagrancy and street children. It also requests the Government to provide information on the impact of the measures taken pursuant to the above Act on protecting street children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that it is seeking EU funds for creating a new computer program for the management of data/information system generated by the Labour Inspection Department. This new software will consist of a separate component covering all information related to child labour, and its worst forms. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries, and statistical data 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first and second reports and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 30 of the Law on the Rights of the Child obliges the State to take all necessary measures to protect children (defined in the Law as persons up to the age of 18) against kidnapping and trafficking. It also notes that section 165 of the Criminal Code prohibits trafficking in human beings. The Committee further notes that section 206 of the Criminal Code deals specifically with the trafficking of children, defined as the recruitment, transportation, transfer, harbouring, receipt or the giving of a child for the purpose of: (a) sexual exploitation, exploitation in prostitution and in the pornographic industry; (b) exploitation in forced labour or services; (c) exploitation in slavery and slave-like conditions; (d) use in armed conflicts; (e) use in criminal activity; (f) removal of organs or tissues for transplant. It also notes that section 207 of the Criminal Code prohibits the transportation of a child abroad using falsified documents or by other illegal means. It requests the Government to indicate the definition of the term "child" for the purposes of sections 206 and 207 of the Criminal Code.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 44 of the Constitution of the Republic of Moldova prohibits forced labour. It also notes that sections 166-168 of the Criminal Code prohibit illegal deprivation of liberty, slavery and conditions similar to slavery and forced labour. In particular, section 168 provides for penalties for "forcing a person to perform a labour against his/her will or forcing a person to compulsory labour, keeping a person in servitude for the repayment of a debt; obtaining labour or services through coercion, deception, force or threat of force".

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 28 of the Law on the Training of Citizens for the Defence of the Motherland of July 2002, male citizens of the Republic of Moldova who have attained the age of 18 years are liable for recruitment into military service. It also notes that the Government ratified the Optional Protocol to the CRC on involvement of children in armed conflict in 2004 with a declaration, confirming that the minimum age for recruitment into military service in the Republic of Moldova is 18 years. The Committee further notes that section 210 of the Criminal Code provides for penalties for instigating minors to participate in military action.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 208 of the Criminal Code prohibits the encouragement of minors into immoral acts. It also notes that section 220 of the Criminal Code penalizes the offence of pimping. Subsection 2(a) of section 220 specifies a higher penalty where this offence is committed against a minor. The Committee requests the Government to indicate the definition of term "minor" for the purposes of these provisions of the Criminal Code.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 6 of the Law on the Rights of the Child puts an obligation on the State, in particular, to protect a child from use for the production of pornography. However, it notes that violation of provisions of the Law cannot lead to a prosecution solely based on the Law. Section 32 states than perpetrators are brought to justice in accordance with legislation. The Committee further notes that there appear to be no provisions in the Criminal Code prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 208 of the Criminal Code forbids the instigation of minors into criminal activities. It also notes that subsection 2(a) of section 302 of the Criminal Code punishes anyone who involves minors in begging. It further notes that section 217 of the Criminal Code prohibits the production and trafficking of drugs and psychotropic substances. The Committee requests the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3. Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that the Law on the Rights of the Child (section 11(3)) puts an obligation on the State to protect children from economic exploitation and from performing work that can be harmful for their health and development. It also notes that, pursuant to section 255 of the Labour Code, persons under the age of 18 are forbidden to perform heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, manufacture, transportation and trade in alcoholic drinks, tobacco products, narcotic and toxic products). Lifting and carrying weights, exceeding the established limits is prohibited. Sections 103 and 105 of the Labour Code prohibit the employment of persons under the age of 18 for night work and overtime work.

2. Self-employed workers. The Committee notes that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract. Therefore, the Labour Code appears to exclude children who work under other kinds of contractual arrangements such as self-employment from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1. Determination of hazardous work. The Committee notes that the hazardous types of work have been determined by a list, approved by Government Decision No. 562 of 7 September 1993. The list includes types of work that are performed in 32 branches of the economy, in particular, underground work, metallurgical manufacture, work with electric power, petrochemical manufacture, microbiological manufacture, work in the industry of building materials, manufacture of glass and products from glass.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the labour market survey, carried out by the Department of Statistics and Sociology, included findings in respect of child labour in the informal sector. The first results should have been published at the end of 2004. The Committee therefore requests the Government to provide the results of the labour market survey in respect of existing hazardous types of work performed by persons under the age of 18.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to section 372 of the Labour Code, labour inspection under the Ministry of Labour and Social Protection is the central body of public administration executing the state control over the observance of the labour legislation, including working conditions of minors and women. Pursuant to section 374(2) of the Labour Code, labour inspectors have the right to apply administrative sanctions for the infringement of the provisions of the national legislation. The Committee also notes that, while exercising their supervisory functions, labour inspectors have, in particular, the right to visit, at any time of the day or night and without preliminary notification, an employer and workplaces; request and obtain from employers the required documents and data; give an order to suspend the operation of enterprises, shops, buildings and technological equipment, as well as to stop the execution of works and technological processes, which are not in conformity with the labour protection standards; demand to eliminate immediately or within a certain period of time the violations revealed. The Committee requests the Government to provide further information on the functioning of the labour inspection, including any extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

2. National Council for Child Rights Protection. The Committee notes that, according to the Government’s initial report to the Committee of the Rights of the Child (CRC/C/28/Add.19 of 3 May 2002, paragraphs 78-83), the National Council for Child Rights Protection was created by the Government Decision No. 106 of 30 January 1998. The Council is a governmental body and one of its basic responsibilities is to elaborate governmental policies with a view to the implementation of children’s rights at the national level, in particular in the field of child protection. In its activity, the Council collaborates with ministries and departments, and local public administration bodies, as well as with international organizations and non-governmental structures (UNICEF, UNDP, the World Bank, the European Trust for Children and Save the Children). The Committee requests the Government to provide further information on the National Council for Child Rights Protection, in particular on its achievements in eliminating the worst forms of child labour.

3. National Committee against Trafficking and Anti-Trafficking Directorate within the Ministry of Interior Affairs. The Committee notes the Government’s information that the National Committee to Combat Trafficking in Persons was established in 2001 as a permanent advisory body, which is in charge of the implementation of the national policy in this field. It also notes the existence of a special anti-trafficking directorate within the Ministry of Interior Affairs. The Committee requests the Government to provide information on the activities of these bodies aimed at combating the trafficking of children and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action to Combat Trafficking in Persons. The Committee notes the Government’s information that the National Plan of Action to combat Trafficking in Persons was approved by Government Decision No. 1219 of 9 November 2001. The National Plan of Action contains objectives such as awareness raising, harmonization of the national legislation and preparation of personnel authorized to enforce the legislation. It also notes the Government’s indication that a draft working plan is being elaborated, which includes, in particular, the following objectives: identification of the reasons and forms of trafficking in children, as well as the categories of children exposed to risk of becoming victims of trafficking, and rendering assistance to them and their families; prevention of the abandonment of children; identification of the difficulties in the national legislation and in its application in this sphere. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 20), many elements of the National Plan still have not been implemented. In particular, the national legislation on assistance and protection of victims is not enforced accurately and there is a lack of efficient collaboration between the pertinent bodies. The Committee encourages the Government to redouble its efforts to combat child trafficking. It requests the Government to continue providing information on the concrete measures taken to implement the National Plan and on the progress made in the elaboration of the draft working plan on child trafficking.

2. National Action Plan in the Field of Human Rights for 2004-08. The Committee notes the Government’s information that in 2003 the Parliament of the Republic of Moldova approved the National Action Plan in the Field of Human Rights for 2004-08. Under this Plan it is envisaged to develop a draft Law on the Measures to Prevent and Combat Trafficking in Persons and to elaborate programmes providing social security assistance to the victims of trafficking and ensuring their protection and social and economic integration. The Committee asks the Government to provide information on the implementation of this Action Plan and on the progress made in developing the draft law on trafficking.

Article 7, paragraph 1. 1. Penalties in general. The Committee notes that sections 167, 168, 208, 210 and 220 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting slavery and conditions similar to slavery, forced labour, instigation of minors into criminal activities, instigation of minors participating in military action and pimping. It also notes the Government’s information that section 41(3) of the Code on Administrative Offences provides for the imposition of a fine for "involvement of the persons under age in work endangering their health, or constituting an obstacle to receiving education, or causing damage to their physical, mental, spiritual and social development". It further notes that section 183 of the Criminal Code provides for penalties for the breach of the labour protection rules resulting in an accident or other grave consequences. The Committee requests the Government to provide information on the application of these penalties in practice.

2. Penalties for trafficking in children. The Committee notes that section 206 of the Criminal Code imposes a penalty of imprisonment of ten to 15 years for the offence of trafficking in children. It notes however that, according to the results of the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 8), approximately 5,000 girls every year are trafficked for sexual exploitation to the Russian Federation alone. The Committee also notes that, according to the same survey, in 2003, only 150 cases of trafficking had been filed and 36 people convicted. The Committee notes that the actual enforcement of the existing penalties is quite ineffective. It reminds the Government that, by virtue of Article 7, paragraph 1 of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee accordingly asks the Government to take the necessary measures to ensure that persons who traffic in children under the age of 18 for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibition on the trafficking of children for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to section 10 of the Law on the Rights of the Child, every child has the right to free education. It notes however that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 41) expressed concern with the declining expenditure on education and with the drop in the quality and accessibility of education with a consequent decrease in enrolment across all levels of compulsory education as well as increase of drop-out rates. According to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 12), the number of unschooled children is growing and it is estimated that such children represent 11 per cent of all 5-16 year-olds. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that the National Plan "Education for All" for 2004-08 was adopted in May 2004. It envisages, inter alia, providing services to children who find themselves in particularly difficult situations, including speech therapy, psycho-pedagogical and specialized medical aid and services of pedagogical and psychological rehabilitation. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 46), "Moldovan society is very skeptical and intolerant, especially of girls trafficked for prostitution. They are marginalized and are not offered any chance of re-entering society. Support services for the girls are limited and there is no specialized service for victims who need long-term rehabilitation." The Committee requests the Government to provide information on the time-bound measures taken for the rehabilitation and social integration of child victims of trafficking especially girls trafficked for prostitution.

Clauses (d). Identifying and reaching out to children at special risk. 1. Child victims of trafficking. The Committee notes that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 5), Republic of Moldova has become one of the main suppliers of the sex trade in Europe. Children are trafficked mostly for sexual exploitation and into labour, including begging. Destination countries of trafficking of children are Albania, Bosnia and Herzegovina, Cyprus, Greece, Israel, Lebanon, The former Yugoslav Republic of Macedonia, Russian Federation, Serbia and Montenegro, Turkey, United Arab Emirates, Ukraine and others. The Committee also notes that Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 45) expressed deep concern about the serious proportions of trafficking of girls from the Republic of Moldova. The Committee invites the Government to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken to combat child trafficking.

2. Street children. The Committee notes that the Government’s Decision No. 233 was adopted on 28 March 2001 on certain measures to reduce such social phenomena as begging, vagabondage and "street children". These measures include: creation of the centres for rendering necessary social assistance to child-vagabonds; involvement of charity organizations in the process of providing support and assistance to the persons engaged in begging and vagabondage; keeping a record of the persons without livelihood (including beggars, vagabonds and street children). The Committee requests the Government to supply a copy of the abovementioned Decision and to provide information on the impact of the above measures on protecting street children from the worst forms of child labour.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that the Republic of Moldova is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Republic of Moldova ratified the Convention on the Rights of the Child in 1993. The Committee further notes that the Republic of Moldova signed in 2000, but has not yet ratified the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

2. Regional cooperation. The Committee notes that the Republic of Moldova is a participating State of the Regional Centre for Combating Trans-border Crime (the South-Eastern European Cooperative Initiative). It also notes that a subregional project has been initiated by ILO/IPEC on "Combating Trafficking in Children for Labour and Sexual Exploitation in the Balkans and Ukraine", which covers four countries: the Republic of Moldova, Albania, Ukraine and Romania. The Committee requests the Government to provide information on the impact of the abovementioned measures of cooperation and assistance on eliminating the trafficking of children for labour or sexual exploitation.

Part III of the report form. The Committee notes the Government’s information that in 2004 under section 206 of the Criminal Code (trafficking of children) 25 cases were initiated of which nine were directed to the courts. Under section 208 of the Criminal Code (involvement of minors in criminal activities) 200 cases were initiated, including 170 cases, which were directed to the court. Under section 220 of the Criminal Code (pimping, only in respect of minors) ten cases were initiated, including five cases, which were directed to the court. The Committee encourages the Government to continue to supply information on courts decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.