Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that appropriate mechanisms to monitor the implementation of the provisions of the Convention were established. The Committee notes the information in the Government’s report that inspectors of the labour inspectorate, in the course of labour inspections, investigate the conditions under which a child is employed. The Committee also notes that, upon the detection of violations of the Labour Code in the course of labour inspections, labour inspectors charge the employer with an administrative offence and a fine. In addition, the Committee notes that a school inspectorate system was established and that, through a governmental programme aimed at the suppression and prevention of youth crime, 111 cases of exploitative child labour were detected.

The Committee notes the information in the Government’s report that the department within the Office of the Prosecutor General specializing in the application of legislation on children conducts systematic inspections relating to children’s rights, which resulted in the identification of child victims of the worst forms of child labour including commercial sexual exploitation and hazardous work. The Committee also notes the information in the Final Report for the
ILO–IPEC action plan entitled “Capacity building of the General Prosecutor’s officers on law enforcement on child labour”, that seminars were held in the latter half of 2007 with participation from prosecutors from all the regions of Kazakhstan (in total 106 prosecutors). The Committee further notes the Government’s indication that a national seminar was held on “launching the child labour monitoring system in Kazakhstan” with the participation of ILO experts and the Coordinator of the Resource Centre on the Worst Forms of Child Labour (within the Ministry of Labour and Social Security), staff at children’s rights departments and the Ministry of Internal Affairs, labour inspectors, and social partners. The seminar consisted of a discussion of monitoring mechanisms aimed at the implementation of the Convention. In addition, the Committee notes the information in the ILO–IPEC technical progress report on the project “Child Labour in Central Asia – Commitment becomes Action (PROACT–CAR Phase II) of 15 January 2009 (ILO–IPEC TPR) that the National Child Labour Monitoring Mechanism was drafted, and submitted to partners to discuss the proposed mechanism and the feasibility of its introduction, for further discussion in 2009. The Committee notes that a round table on this matter was scheduled for autumn 2009, for the preparation of a guide on the establishment of such a monitoring system. The Committee requests the Government to provide further information on the proposed national child labour monitoring mechanism, and urges the Government to take the necessary measures to ensure its elaboration, adoption and implementation.

2. Trafficking. The Committee notes 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 results in the uncontrolled entry of children into Kazakhstan. The Committee notes that, out of the 803 children at the Children’s Centre for isolation, adaptation and rehabilitation in Almaty, 732 of these children were from neighbouring countries or other regions in Kazakhstan. However, the Committee notes that only six persons were prosecuted for trafficking in children pursuant to section 133 of the Criminal Code. The Committee also notes that several investigations in the Almaty province revealed the employment of children from Kyrgyzstan (aged 6–15) working in tobacco fields on eight farms. These children worked approximately 75 hours a week, and the managers of these farms were charged with administrative offences. Uzbekistani children were also discovered working in cotton fields in the Makhtaaral district of South Kazakhstan, and the owners of these farms were also charged with administrative offences. In light of this, the Committee urges the Government to redouble its efforts to prevent the sale and trafficking of persons under 18 years of age for the purpose of labour exploitation. The Committee requests the Government to take the necessary measures to strengthen the monitoring mechanisms in this regard, including border control, and to ensure the effective prosecution of those responsible for trafficking in children. The Committee requests the Government to provide information on measures taken in this regard.

Article 6. Programmes of action. Following its previous comments, the Committee notes that, in December 2008, the Ministry of Labour and Social Security approved the new “Joint workplan for the elimination of child labour and the application of ILO Convention No. 182 in the Republic of Kazakhstan
2009–11” which includes measures to coordinate and unify efforts to combat child labour, raise awareness on these issues and to strengthen policies and legislation in both the implementation and monitoring of this phenomenon, in addition to regional programme components. Under this plan, the Ministry of Labour and Social Security will establish a worst forms of child labour database, improve the dissemination of information on the subject, take actions aimed at preventing the exploitation of children in the worst forms of child labour, in addition to their removal and rehabilitation and initiatives to improve policies and legislation in this regard. The Committee also notes that, in conjunction with ILO–IPEC, social centres for children were established in the Almaty province and the Makhtaaral district for the prevention and elimination of the worst forms of child labour.

The Committee further notes the Government’s indication that the “12 days of combating the exploitation of child labour” programme continued, and included awareness raising on the problems of the worst forms of child labour, its scale and characteristics and the relevant legislation in this sphere, in addition to the implementation of a national information campaign on this subject, with the participation of governmental organizations, employers’ and workers’ organizations and NGOs. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the Joint workplan for the elimination of child labour and the application of ILO Convention No. 182 (2009–11), in addition to work done pursuant to the “12 days of combating the exploitation of child labour” programme. The Committee also requests the Government to provide information on the results obtained, with regard to the prevention and elimination of the worst forms of child labour.

Article 7(1) and Part III of the report form. Penalties and court decisions. In its previous comments, the Committee noted that the Criminal Code provided for sufficiently effective and dissuasive penalties. However, the Committee noted that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 8 June 2007, that the implementation of existing legislation is not efficient and that, considering the high instance of children engaged as sex workers, only a negligible number of cases reach the courts (CRC/C/KAZ/CO/3, paragraphs 9 and 65). The Committee also observed the Government’s statement that punishment for the exploitation of minors is very rarely administered.

The Committee notes that the Ministry of Internal Affairs has submitted a bill to Parliament (Government Resolution No. 1014 of 30 June 2009) to strengthen the penalties for employing children in criminal activities and other anti-social behaviour. The Committee also notes that the North Kazakhstan provincial prosecutor’s office investigated the disappearance of four girls (between the ages of 16 and 18) from a school for orphaned children, who were found to be working in prostitution through threats of violence and force. This led to preliminary proceedings for criminal investigations by the Organized Crime Unit (within the Department of Internal Affairs) of the persons responsible, in addition to disciplinary proceedings against the head of the school. The Committee further notes the information in the Government’s report that, following the death of a 16‑year-old from acute benzene poisoning incurred while engaging in hazardous work, the employer was charged with a criminal offence (pursuant to section 152(2) of the Criminal Code). However, the Committee notes that these charges were later dropped, though this decision is being appealed. The Committee reminds the Government that, by virtue of Article 7(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, including through the provision and application of penal sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that persons who use, procure or offer a child for the worst forms of child labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed, pursuant to Article 7(1) of the Convention. The Committee also requests the Government to provide information on the progress made towards the adoption of Government Resolution No. 1014 of 30 June 2009, and to provide a copy once it is adopted.

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 adoption of the 2005–15 State Programme for the Development of Education in Kazakhstan, as well as the 107.5 per cent increase in budget allocation for education from 2003 to 2006. The Committee also noted that compulsory education was expanded to grades 11 and 12 of secondary school, and that efforts were being undertaken to increase the enrolment at this level. However, the Committee noted that UNICEF data indicated that only 75 per cent of children from 7 to 11 years regularly attend school.

The Committee notes that the Government’s Committee on the Protection of Children’s Rights conducted a study on the activity of educational establishments and authorities with regard to the provision of free compulsory education, children’s travel to school, and the effectiveness of current policies in this regard. The study examined the number of children absent from school, and the reasons for their absence. The result of this study was a decision to strengthen efforts to identify children not attending school, to strengthen the system for providing assistance to socially marginalized pupils and to develop a strategic plan for 2010–12 to ensure the attendance in schools of all school-age children, in addition to the provision of hot meals and travel expenses to children in need. The Committee also notes that a programme of educational assistance to children who abandon school was implemented in collaboration with district education departments, where 21 children not attending school were provided with educational services (including enrolment in night courses), psychological services and pastoral services. The Committee further notes that the National Road to School Action programme began in 2008 to provide support for children from low-income families in attending school. The Government indicates that, within the framework of this programme, approximately 93,000 children benefited from some form of assistance, and that inspections carried out through this programme uncovered approximately 3,000 children not attending schools, who were subsequently placed in educational institutions.

The Committee notes that the 2009 “Global Monitoring Report: Education for All”, issued by UNESCO, indicates 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, indicating that a significant number of children do not attend school. The Committee encourages the Government to pursue its efforts to improve the functioning of the education system, and to facilitate children’s access to free basic education, so as to prevent the engagement of children in the worst forms of child labour. The Committee requests the Government to provide information on the impact of National Road to School Action programme, and the strategic plan on school attendance 2010–12, particularly with regard to improving school attendance rates and reducing drop-out rates.

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. 1. Trafficking and commercial sexual exploitation. The Committee previously noted that, in continuity with the 2004 National Action Plan for fighting, prevention and protection against human trafficking, a subsequent plan was adopted for 2006–08. Furthermore, the Committee noted that the ILO–IPEC action programme to mobilize the community to combat the worst forms of child labour was implemented in 2007 in the South Kazakhstan oblast. This action programme aimed to benefit children working in the worst forms of child labour, including those engaged in commercial sexual exploitation. It requested the Government to provide information on the concrete impact of the measures implemented on withdrawing children from being engaged in trafficking and commercial sexual exploitation, and on the results attained.

The Committee notes the Government’s statement that there are a number of reception centres for children who are the victims of trafficking, in addition to free telephone counselling services. The Committee notes that crisis centres, run by the Department of Internal Affairs, provide legal and psychological help to child victims, and that children may be placed temporarily in hostels or in adaptation and rehabilitation centres for children. The Committee also notes that the Government collaborated in this regard with the IOM, which runs (with NGO partners) shelters for victims of trafficking in the Almaty and Shymkent regions. The Committee further notes the information in the UNODC Global Report on Trafficking in Persons 2009 that the Women’s Resource Centre provided shelter to eight child victims of trafficking in 2005, and five in 2006, and that the NGO Rodnik received six child victims of trafficking in 2006 and six children in 2007. While welcoming these measures, the Committee requests the Government to strengthen its efforts to withdraw children from trafficking, commercial sexual exploitation and rehabilitate them. It requests the Government to continue to provide information on measures taken in this regard, including the total number of child victims of these worst forms receiving services in shelters and children’s centres.

2. Hazardous work. In its previous comments, the Committee noted that the Zabota Crisis Centre implemented a programme to monitor the worst forms of child labour in the city of Almaty and the Almatynskaya region. The objective of the programme was to provide education and rehabilitation to children identified as being involved in the worst forms of child labour. The Committee also noted that an ILO–IPEC Action Programme on withdrawal, rehabilitation and prevention measures was being implemented, targeting 600 children working in, or at risk from hazardous work in Almaty City and the Almaty oblast. The Committee requested the Government to provide information on the number of children who were withdrawn from the worst forms of child labour and rehabilitated as a result of these programmes.

The Committee notes the information in the Government’s report that the Zabota Crisis Centre reached approximately 500 children aged 14–18 at risk for, or already engaged in, the worst forms of child labour, by providing them with vocational training, guidance and work placement. In addition, the Committee notes that an additional 40 children received counselling services through a telephone hotline, and 55 young people received free consultations from a lawyer, who also made visits to local schools. The Committee further notes the Government’s indication that a vocational guidance programme, involving vocational schools and the local education department, involved 575 school drop‑outs aged 15–17 in a vocational guidance programme, and nine young people aged 17–18 were placed in free training courses under the district employment programme. In addition, the Committee notes that, within the framework of the campaign “12 days against child labour”, 42 children between the ages of 10 and 17 were reached, including 26 children who benefited from the ILO–IPEC project SCREAM (including 133 counselling sessions with a psychologist). In addition, the Committee notes the information contained in the Government’s report which indicates that 202 at-risk students in the Trukscrib district participated in a youth education programme which focused on information on child labour legislation and youth employment.

Clause (d). Identify and reach out to children at special risk. 1. Street children and children engaged in begging. The Committee previously noted that the Committee on the Rights of the Child expressed, in its concluding observations of 8 June 2007, its deep concern that no adequate efforts have been made to respond to the highly problematic situation of street children (CRC/C/KAZ/CO/3, paragraph 61).

The Committee notes the information in the Government’s report that 32 children who were engaged in begging were admitted to the Almaty Children’s Centre, for rehabilitation. The Committee also notes that the district prosecutor’s office of North Kazakhstan placed four children, aged between 13 and 18 who engaged in begging in a temporary institution for children’s isolation, following the failure of the monitoring system in the children’s schools (through school inspectors and pastoral staff) to identify and engage in preventative work with regard to these disadvantaged students. The Committee further notes the information in the Government’s report that the programme “Children in the Night-time City” began in 2007, aimed at identifying cases of child neglect, homelessness and exploitation of child labour, involving 18,000 representatives from law enforcement agencies, educational authorities, child rights agencies, representatives from the media and NGOs. The Committee notes that inspections were carried out in urban areas where children were frequently found to be engaged in vagrancy, begging and adult nightclubs. The Government indicates that, in the first half of 2009, within the framework of the programme, 8,792 children were identified, in addition to 59 children engaged in night work, and discussions were held with the children and their parents. The Committee requests the Government to provide further information on the measures implemented within the framework of the “ Child in the Night-time City”, and to continue to provide information of the number of children who benefit from this programme, particularly street children and children engaged in begging. The Committee also requests the Government to provide information on any other programmes implemented or planned that aim to protect street children from the worst forms of child labour, and to provide for their removal and rehabilitation.

2. Children deprived of family care (orphans). The Committee previously noted that an ILO–IPEC action programme aimed at preventing child labour among children deprived of family care (orphans) by improving their access to professional education was implemented in 2007. According to the summary outline of this programme, the number of children without parental care in Kazakhstan was increasing and that more than 17,000 children live in orphanages, youth houses and boarding schools. Furthermore, the summary outline indicated that, according to the alternative report of Kazakhstani non-governmental organizations on the implementation of the UN Convention on the Rights of the Child, the prostitution of minors is widespread in Kazakhstan, with 40 per cent of girls having received money for their sexual services, and that a significant number of these children were teenagers living under no parental guardianship.

The Committee notes that the ILO–IPEC action programme for child labour prevention among children deprived of family care (orphans) provided 169 residents of children’s boarding institutions with occupational training, in addition to another 43 children deprived of family care. The Committee also notes the information in the Government’s report that Resolution No. 103 of the Kazakhstan Government was adopted on 2 February 2009. This resolution provided for the hiring of 368 adoption and fostering service specialists in district education departments for the purpose of identifying disadvantaged children, and providing these children with material assistance in addition to facilitating their placement in foster families or children’s institutions.

The Committee notes the information in the Government’s report that there are approximately 46,126 orphaned and abandoned children in Kazakhstan, of whom 28,113 had been placed with guardians or foster parents, 2005 had been provided with vocational training and 13,156 were in educational institutions. The Committee also notes the Government’s indication that there are approximately 16,000 children living in children’s homes. The Government’s report indicates that children who have lost one or both parents receive financial assistance (159,187 children received assistance in 2008), in addition to free accommodation, food, uniforms, textbooks and health care. The Committee further notes the information in the Government’s report that there are 33,000 “social orphans” in the country (children who have been abandoned, or whose parents are in prison or under long-term hospital care). The Committee notes that approximately 2,500 pastoral care teachers have been appointed in schools, to aid in the early detection of such situations, and that, in 2007, 4,870 social orphans were placed in care or foster homes, and 2,773 such children were adopted. However, the Committee notes the information throughout the Government’s report of instances where children placed in residences for children were still engaged in the worst forms of child labour, such as the four girls who disappeared from a school for orphans in North Kazakhstan who were found to be engaging in prostitution by force. Furthermore, the Committee notes the information in the Government’s report that, in 2007 in the district of Ualikhanov, staff of a child residence facilitated the employment of children in hazardous work, resulting in the death of a 16-year-old child. The Government indicates that the head of the residence who facilitated the child’s employment was dismissed and the student residence was closed, while disciplinary proceedings were taken against six employees of the student residence. Recalling that children deprived of family care (orphans) are at a heightened risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure their protection from these worst forms, and to ensure that such children placed in the State’s care are not further subject to exploitation in children’s institutions. It also requests the Government to provide information on the programmes implemented in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that studies on child labour were carried out in Kazakhstan which revealed that children are mostly engaged in the informal and the agricultural (tobacco and cotton) sectors. However, it observed that very little information was provided on the situation of children engaged, more specifically, in the worst forms of child labour. Furthermore, it noted that, in its concluding observations of 8 June 2007, the Committee on the Rights of the Child expressed its regret that disaggregated data were not available with regard to children involved in commercial sexual exploitation, including prostitution, pornography and trafficking, as well as children working and/or living in the streets (CRC/C/KAZ/CO/3, paragraph 20).

The Committee notes the Government’s statement that, in the context of inspection raids, child labour was detected in car washes (in conditions of extreme humidity and low temperatures), in carrying of goods in markets, in agricultural work (particularly related to tobacco and cotton, which is prohibited work for persons under 18), and as attendants in petrol stations, often at night. The Committee also notes that, through the National Road to School Action, 104 cases of child labour exploitation were detected. The Committee further notes the information in the Government’s report that the district prosecutor’s office has, following inspections, begun administrative proceedings in several instances related to work performed by children at the behest of their school, and work carrying loads above the maximum prescribed limits.

The Committee takes due note of this information in the Government’s report, though observes that this information does not relate to the worst forms of child labour. Therefore, the Committee once again urges the Government to take measures to ensure that sufficient data on the worst forms of child labour is available, particularly with respect to the commercial sexual exploitation of children, child trafficking, street children (particularly children engaged in begging) and children working in hazardous work (particularly in tobacco and cotton farms). In this regard, the Committee requests the Government to provide information on the nature, extent and trends of these 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.