Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

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

Article 3 of the Convention. The worst forms of child labour. The Committee notes the Government’s indication that national legislation is under review and an attempt is being made to clear up all incomplete formulations or doubts so as to bring its legislation into full conformity with the Convention. The Committee asks the Government to provide information on the enactment of any amendments or new regulations and to provide a copy of any updated legislation.

Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children, forced or compulsory labour. The Committee notes that, by virtue of article 23 of the Constitution, forced or compulsory labour is prohibited. It also notes that, by virtue of section 175(1) of the Penal Code, a person who solicits, purchases, sells, hands over, transports, transfers, encourages or mediates in the buying, selling or handing over of another person or who conceals or receives a minor in order to establish slavery or similar relationship, forced labour or servitude, sexual abuse or illegal transplantation of parts of a human body, or who keeps a person in slavery or in a similar relationship, commits an offence. The sentence will be increased if the crime is committed against a minor (section 175(2) of the Penal Code).

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 42 of the Defence Law, a citizen shall be enrolled in compulsory military service, the calendar year in which the citizen has reached 19 years of age.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee observes that according to section 178(1) of the Penal Code, a person who procures, entices or leads away another person to offer sexual services for profit within a state excluding the one in which the person has residence or of which he/she is a citizen commits a criminal offence. It is also an offence to coerce or induce a person to go to the state in which he/she has no residence, or of which he/she is not a citizen, for the purposes of offering sexual services upon payment. If the abovementioned offences are committed against a minor, the penalties will be increased (section 178(3) of the Penal Code). The Committee further notes that anyone who, in the presence of a minor, performs acts aimed at satisfying his/her own lust or the lust of a third person or induces a minor to submit to such acts in his presence or in the process of a third person commits an offence (section 194 of the Penal Code). It also notes that, by virtue of section 195 of the Penal Code: (1) whoever panders a child or a minor; (2) whoever, for profit, organizes or assists another person in offering sexual services; or (3) whoever, for profit, by force or by threat to use force, or by deceit, forces or induces another to offer sexual services, commits an offence. The Committee observes that the penalties will be increased if the offence is committed against a minor.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that it is prohibited to use a child or a minor for the purpose of making pictures, audiovisual material or other objects of a pornographic content, or to sell, distribute, or show such material or induce a child or a minor to take part in a pornographic show (section 196 of the Penal Code).

Clause (c). The use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s indication that section 173(5) and (6) of the Penal Code prohibits the abuse of intoxicating drugs. It also indicates that this crime consists in "the action of inducing another person to take intoxicating drugs or of giving another person intoxicating drugs, to take or make premises available to other persons for the sake of taking intoxicating drugs or in some other way of making it possible for other people to take drugs". Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end.

2. Causing or allowing children to be used for begging. The Committee observes that it is prohibited to force a child or a minor to beg (section 213(2) of the Penal Code).

Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that section 56 of the Labour Relations Act prohibits the employment of persons under 18 years of age in severe physical work, underground work or underwater work as well as in any other work, which according to the provisions concerning protection at work, is considered dangerous for the health, psychological and physical development of the worker. It also observes that, by virtue of section 16(1) of Labour Act No. 758/95, a person under 18 years of age shall not be employed in jobs that may jeopardize his/her health, morals or development.

2. Self-employed workers. The Committee also notes that, by virtue of section 8 of the Labour Act, an employment shall commence by making a contract of employment. Consequently, the Committee notes that self-employed children under 18 years of age do not benefit from the protection laid down in the Labour Act. 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 against 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 and 3. Determination and revision of the types of hazardous work. The Committee notes that, by virtue of section 2 of Regulation (NN59/02) of 17 April 2002, a person under 18 years of age shall not be employed in work that requires "special conditions of work". It also observes that, with regard to work likely to harm the morals of persons under 18 years of age, a minor shall not be employed in bars, night-clubs, gambling places or in any other occupations likely to harm his/her morals (section 3 of Regulation (NN59/02)). The Committee further observes that the Regulation (NN5/84) on "jobs with special working conditions" of 1984 provides for a comprehensive list of types of hazardous work that persons under 18 years of age shall not perform. The Committee nevertheless notes that Regulation (NN5/84) was adopted 20 years ago. It also observes that the Labour Act or other regulations based on it, do not provide for the periodic examination and revision as necessary of the list of types of hazardous work, in consultation with the organizations of employers and workers concerned, as required under Article 4, paragraph 3, of the Convention. The Committee accordingly asks the Government to provide information on any steps taken or envisaged to review the list of the types of hazardous work.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the lack of information on the identification of hazardous work. The Committee accordingly requests the Government to indicate the measures taken or envisaged to identify where the types of hazardous work exist, and to provide information on the findings.

Article 5. Monitoring mechanisms. 1. State inspectorate. The Committee notes that, by virtue of section 4 of the Law on State Inspectorate of 1999 (NN  76/99), the Inspectorate shall supervise the application of the law and other regulations applicable to employment relationships (labour relations and protection at work). It shall, in particular, implement regulations that relate to: (a)  hours of work, wages and employment of minors; and (b) the conditions of work, the protection of the health and safety of employees, especially those under 18  years of age. Inspectors are authorized to inspect workplaces and other facilities, to examine and seize all document related to the working activities of the inspected legal or natural person (sections 31, 38 and 39 of the Law on State Inspectorate), to request identification cards, to record in writing the statement of the owner of the scrutinized entity or of any witness (section 31 of Law on State Inspectorate). Upon completion of the inspections, inspectors draft a report (section 33 of the Law on State Inspectorate), and inform the competent state authority of any violation of labour legislation  (section 36(1) of the Law on State Inspectorate). The Committee notes that there shall be one labour inspectorate for 4,000 workers (section 21 of the Law on State Inspectorate).

The Committee notes the Government’s indication that between January 2002 and April 2003, labour inspectors found five boys aged 16-17 years carrying out jobs with "special conditions of work" (and therefore prohibited to persons under 18 years of age by virtue of sections 34 and 40 of the Law on Work Protection); four were working in bakeries and one in hauling timber. Other infringements were noted with regard to the prohibition to employ children under 18 years of age in night work. Labour inspectors ordered the employers to remove the minors concerned from these activities, and employers were fined. The Committee requests the Government to continue to provide information on the inspections carried out by the State Inspectorate and their findings.

2. Children’s Ombudsman. The Committee notes the Government’s indication that the Act of 18 June 2003 established an ombudsman for children which is responsible for the coordination, promotion and protection of the human rights of children. The ombudsman is also in charge of monitoring the implementation of the regulations on children’s rights, as well as looking into the infringements, and informing the public about the violations and applicable regulations. The ombudsman may suggest to competent state authorities, legal and natural person to adopt some measures aiming at preventing the existence of harmful factors that threaten the rights and interests of children. The ombudsman shall enter any premises to observe the way in which children are treated, and the owner of the building shall undertake actions requested by the ombudsman. If the ombudsman finds out that a child was exploited, he/she shall inform the State Attorney’s Office whose jurisdiction it is, and propose measures to protect the child. The Committee requests the Government to provide information on the findings of the Children’s Ombudsman with regard to children under 18 years of age involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government, in 2002, launched the National Plan for the Suppression of Trafficking in Persons as part of a technical cooperation project (LARA) with the Council of Europe. The LARA project supports regional criminal law reform in south-eastern Europe in order to prevent and combat efficiently trafficking in human beings. The Committee observes that the National Plan for the Suppression of Trafficking in Persons aims at providing legal, psychological and social assistance to victims of trafficking as well as medical care. Another objective of the national plan is to plan, organize, assist and support trafficked persons in the process of their return. The Committee notes, however, that this national plan does not specifically address the situation of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken pursuant to the national plan to eliminate the trafficking of children for the purposes of sexual and labour exploitation and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that a person who forces a minor to do work that does not suit his/her age, or to perform excessive work, or to beg is punishable by three months’ to three years’ imprisonment (section 213(2) of the Penal Code). The Committee notes that, by virtue of section 175(1) and (2) of the Penal Code, a person who solicits, purchases, sells, hands over, transports, transfers, encourages or mediates in the buying, selling or handing over of another person or who conceals or receives a minor in order to establish slavery or similar relationship, forced labour or servitude, sexual abuse or illegal transplantation of parts of a human body, or who keeps a person in slavery or in a similar relationship, is liable to imprisonment for three to 15 years.

The Committee observes that according to section 178(1) and (3) of the Penal Code, a person who procures, entices or leads away a minor to offer sexual services for profit within a state excluding the one in which the person has residence or of which he/she is a citizen is punishable by one year to ten years’ imprisonment. The same sentence will apply to anyone who coerces or induces a minor to go to the state in which he/she has no residence or of which he/she is not a citizen, for the purposes of offering sexual services upon payment (section 178(2) of the Penal Code). The Committee further notes that anyone who, in the presence of a minor, performs acts aimed at satisfying his/her own lust or the lust of a third person or induces a minor to submit to such acts in his presence or in the process of a third person shall be liable to imprisonment for three months to three years (section 194 of the Penal Code). Section 195(1) of the Penal Code provides that anyone who: (1) panders a minor; or (2) organizes, for profit, the offering of sexual services; shall be punishable by imprisonment for three months to three years. Section 195(3) of the Penal Code further states that anyone who forces or induces, for profit, another person to offer sexual services is liable to imprisonment for six months to five years. A person who uses a minor for the purpose of making pictures, audiovisual material or other objects of a pornographic content, or to sell, distribute, or show such material or induce a child to take part in a pornographic show is liable to imprisonment for one to five years (section 196 of the Penal Code). The Committee notes that section 228, subsection (1)(XIII) and (2), of the Labour Act states that an employer who employs a minor in work that may jeopardize his/her health, morals or development (as prohibited under section 16(1)) or for night work (as prohibited under section 54) shall be fined from 15,000 to 60,000 Kuna. The Committee requests the Government to supply information on the practical application of the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking into account of the special situation of girls. The Committee requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that by virtue of article 65 of the Constitution primary education is free and compulsory. It also notes the Government’s indication that primary education lasts at least eight years and is compulsory for all children, as a rule, from six to 15 years of age. The Government further states that, by virtue of section 43 of the Elementary Education Law, parents or guardians shall enrol their child before the prescribed deadline in primary education, and shall ensure that the child regularly attends classes. Any person infringing section 43 of the Elementary Education Law is liable to a fine of 60 to 300 Kuna.

The Committee observes that the National Programme of Action for Children aims at ensuring that 100 percent of children aged 6-15 years are covered by compulsory education, and at preventing and combating the dropping out of school. The Committee accordingly requests the Government to provide information on the concrete measures taken pursuant the this action programme to ensure that all children aged 6-15 years have access to free primary education and to prevent school dropouts. It also asks the Government to provide information on the primary education enrolment rate and the dropout rate, as well as the impact of the National Programme of Action for Children on improving the access to free basic education.

Article 8. International cooperation. The Committee notes that Croatia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Croatia ratified the Convention on the rights of the child in 1992; the optional Protocol on the involvement of children in armed conflicts in 2002; the optional Protocol on the sale of children, child prostitution and child pornography in 2003; the supplementary Protocol to prevent, suppress and punish the trafficking in persons especially women and children in 2003. The Committee further notes that one of the objectives of the National Plan for the Suppression of Trafficking in Persons, launched in 2002, is to establish cooperation with Governments and non-governmental Organizations of the country of origin of trafficked persons in order to ensure that they benefit from psychological and social assistance (such as accommodation) when they return. It further notes that the plan aims at establishing systematic and intensive cooperation between Croatia and countries involved in the elimination of the trafficking of persons.  The Committee requests the Government to provide information on the countries with which Croatia has established enhanced cooperation to eliminate the trafficking of children. It also asks the Government to provide concrete examples of cooperation measures with countries concerned with the trafficking of children and the results achieved.

Part III of the report form. The Committee would be grateful if the Government would supply a copy of any court decisions on breaches of the legislation relevant to the application of the Convention.

Part V of the report form. The Committee notes the Government’s indication that between January 2000 and December 2002, 76 crimes related to the worst forms of child labour were committed against persons under 18 years old. Seventy crimes concerned the use of children or minors for pornography (as prohibited under section 196 of the Penal Code), four crimes concerned slavery and transportation of slaves in breach of section 175(2) of the Penal Code, and two crimes dealt with international prostitution, prohibited under section 178(3) of the Penal Code. The Committee also observes that between January 2003 and December 2003, the number of crimes related to the use of children under 18 years of age for pornography fell to 37 and no cases of slavery amongst children under 18 years of age were reported. The Committee asks the Government to continue to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those 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 penal sanctions applied.