Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information supplied by the Government in its first and second reports. The Committee would like to draw the Government’s attention to the following points.

Article 1 of the Convention. Immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that Romania signed a Memorandum of Understanding with IPEC/ILO in June 2000 which was revised in June 2002 for a five-year period. The Committee also notes that, according to the Government’s report, Romania does not have a law exclusively dealing with children or minors, but that the drafting of a comprehensive law on the protection of children which will include provisions aimed at preventing and combating child labour is underway. The Committee requests the Government to continue providing information on these different measures, and on any other measure taken or envisaged to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that the Child Labour Report of 2003, drawn up by the Ministry of Labour in collaboration with ILO/IPEC, mentions that sections 13 and 18 of Law No. 678/2001 on the prevention of and fight against trafficking in human beings provide specific sanctions for trafficking in minors and child pornography. Section 13 defines trafficking as the recruitment, transportation, transfer, and hosting or receiving of persons under the age of 18 with the purpose of his/her exploitation. The Committee notes from the Government’s report submitted to the Committee on the Rights of the Child that a non-governmental initiative (Save the Children, in cooperation with the International Social Service) has led to investigations and programmes aimed at ascertaining problems related to this phenomenon and to assist children in such situations. It also notes that through such programmes, 362 international cases have been solved, including 147 unaccompanied minors. Most unaccompanied minors who flee to a different country are aged 15-17 (85 per cent). The Committee also notes with interest that Romania is participating in a Multi-Bilateral Programme of Technical Cooperation, entitled "Combating Trafficking in Children for Labour and Sexual Exploitation in the Balkans & Ukraine", with the assistance of IPEC. This initiative reflects the fact that trafficking in children is one of the major concerns among the worst forms of child labour in Romania. The project document depicts the situations in Romania and the other project countries, noting that "Albania, Moldova, Romania and Ukraine are among the most seriously affected by the problem of trafficking in children in south-eastern Europe and have therefore been selected as the countries to be targeted in this project". While data on the magnitude of trafficking is scarce, not only in Romania but in the countries in the subregion, it is reported that the International Office of Migration assisted 6,222 victims from 1999 to 2002, of which 23 per cent were minors when repatriated. The proportion of minors among those assisted rose from 20.73 per cent in 2001 to 35.55 per cent in 2003. The victims are generally girls and boys aged 14-17. The Committee requests the Government to confirm whether Law No. 678/2001 on the prevention and fight against trafficking in human beings (mentioned in the Comprehensive Child Labour Report Romania, 2003) is actually in force, and if so, to provide a copy as well as specific information about the relevant provisions and applicable penalties pursuant to it, as well as provide any other relevant information on recent measures taken to combat the trafficking of children in Romania.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 329(1) of the Criminal Code provides that encouragement or coercion to prostitution, as well as the recruitment of persons for prostitution carry penalties of 2-7 years’ imprisonment and the interdiction of certain rights. The Committee also notes that subsection (2) stipulates that if the action mentioned in subsection (1) is committed against a minor, the sanction is 3-10 years’ imprisonment and the interdiction of certain rights. The Committee requests the Government to provide further details on what the definition of a "minor" is under the Penal Code, and in particular, in section 329(2). It also requests the Government to indicate whether there is any other provision that specifically covers the use, procuring or offering of both boys and girls under the age of 18 years for prostitution, and if so, to supply a copy of it.

2. Pornography. The Committee notes that section 325 of the Penal Code includes sanctions with imprisonment of between 1 month and 3 years for the selling or circulating, as well as the manufacturing or possessing in order to circulate of obscene objects, drawings, writings or other such materials. It also notes that the Child Labour Report Romania 2003 mentions that Law No. 196/13.05/2003 on the prevention and fight against pornography provides in particular that involving, forcing, determining or using minors in activities with an obscene character are sanctioned by imprisonment and some restrictions of civil rights. The Committee requests the Government to confirm whether this law is actually enacted and in force, and, if so, to provide the text of the relevant provisions and in particular details on the definition of a "minor". The Committee also requests the Government to indicate whether section 325 of the Penal Code sanctions the use, procuring or offering of a person under 18 years for the production of pornography.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government, in its report submitted to the Committee on the Rights of the Child, recognizes that after 1989, with the opening up of borders and due to Romania’s geo-strategic position, the transiting, production, commercialization and consumption of drugs has become a part of everyday life. In particular, it has been noted that high school students have increasingly become drug consumers. The Committee notes that, in order to limit the expansion of this phenomenon, a number of projects have been initiated with the national authorities, NGOs and the Council of Europe. It notes that section 312 of the Penal Code sanctions drug trafficking. Law No. 61/1991, as revised, stipulates in section 2 that serving alcoholic drinks to minors in public places constitutes an offence. The Committee requests the Government to indicate which provision prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, and to indicate the measures taken to secure the prohibition and elimination of such illicit activities involving children under the age of 18.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes that section 13(5) of the Labour Act states that employment in difficult, harmful or dangerous workplaces can be carried out after reaching the age of 18 years old, and that these workplaces shall be established by a Government decision. The Committee also notes that section 184(1) of the General Norms of Labour Protection provides that young persons must be protected against risks specific to their health, safety and development, and risks which result from their lack of experience, absence of awareness of existing risks or the fact that young persons have not yet fully matured. The Committee requests the Government to indicate the measures taken or envisaged to protect young persons under 18 from work that may be harmful to their morals, in accordance with Article 3, clause (d), of the Convention.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that the Government in its report states that Romania has not yet defined the "worst forms of work". The Committee notes, however, that its first report mentions that the following activities are prohibited for persons under the age of 18, according to the General Norms of Labour Protection: the handling of dangerous materials or products, such as painting jobs, that involve the use of toxic chemicals with a high lead concentration, working at great heights, forestry, mining, petroleum and metal exploitation, automobile, naval or aircraft transportation, exploitation and maintenance of roads and bridges. The Committee also notes that section 184(2) of the General Norms of Labour Protection provides that the following activities are forbidden for persons under the age of 18 years: noxious exposure to toxic or cancerous agents, exposure to radiation, involvement in activities which present risks of accidents that the young person cannot identify, to be put in danger as a result of exposure to extreme heat or cold, noise and vibrations, noxious exposure to certain biological and chemical agents, and other activities including: animal slaughtering, manipulation of explosives and electric risks. The Committee recalls that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to paragraph 3 of Recommendation No. 190, which provides for a list of hazardous work to which consideration should be given, including, for example, work which exposes children to physical, psychological or sexual abuse. The Committee asks the Government to inform it of developments regarding the adoption of any regulation under section 13(5) of the Labour Code, and trusts that due consideration will be given to paragraph 3 of Recommendation No. 190 in this regard. It also requests the Government to provide information on consultations that are held thereon with the organizations of employers and workers concerned.

Paragraph 2. Measures taken to identify where the types of work so determined exist. The Committee notes that IPEC aims to support the Government in conducting a qualitative and quantitative survey, in order to evaluate the nature and the magnitude of the child labour phenomenon. The purpose of this survey is to provide data on the involvement of street children in Bucharest in the worst forms of child labour. In the first stages of the survey, the worst forms of child labour, their contents and the working conditions, as well as the socio-demographic characteristics of the target population were identified. The Committee notes that in the IPEC/ILO document Working street children in Bucharest: A rapid assessment it is stated that the survey focused on forms of child labour with a high incidence within the sample population: begging, car washing at intersections or garages, collecting recyclable waste products, loading and unloading heavy goods, household work and selling goods. The Committee notes that this document mentioned that it was difficult to find out about less visible forms of child labour such as sexual exploitation, stealing, etc. The Committee requests the Government to continue providing information on the measures taken to identify where the types of hazardous work determined exist, and to communicate the results.

Paragraph 3. Examination and periodical revision of the types of hazardous work. The Committee recalls that Article 4, paragraph 3, of the Convention provides that the list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of the types of work, as soon as it is adopted.

Article 5. Appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes with interest that according to the Government’s report, with the assistance of the ILO/IPEC programme, structures have been set up to investigate and monitor the worst forms of child labour in Romania. The Committee notes that the "National Steering Committee on the Elimination of Child Labour", established to further the Memorandum between the ILO and the Ministry of Labour and Social Solidarity, is composed of representatives from the National Authority for Child Protection and Adoption (NACPA), the Ministry of Labour and Social Solidarity, the Ministry of Education and Research, the Ministry of Health and Family, the Ministry of European Integration, the General Police Inspectorate, organizations of employers and workers, non-governmental organizations and universities. The "National Steering Committee" is responsible for monitoring and supervising the implementation of programmes against the worst forms of child labour. It also notes that "special units on child labour" have been set up in the Ministry of Labour and Social Solidarity, in the Labour Inspection Unit, and in the NACPA. These "special units on child labour" are responsible for investigating and monitoring child labour in Romania. A "National Consulting Group on Child Labour" is composed of members from the special unit on child labour of the Interdisciplinary Central Team of Trainers in the field of child labour. Trade unions and employers’ organizations are represented in the National Steering Committee. The Committee requests the Government to provide further information on details of the mechanisms to enforce the provisions of the Criminal Code relevant to the worst forms of child labour under Article 3(a) to (c) of the Convention, with particular reference to the tripartite consultations that have taken place in accordance with Article 5 of the Convention. The Committee also requests the Government to supply any extracts of reports or documents showing the functioning and accomplishments of these mechanisms in monitoring the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the information provided by the Government in its report, according to which many programmes of action are currently being undertaken or are being planned for the future. The following are some of these programmes. The National Action for the Prevention and Elimination of Child Labour in Romania was initiated in 1999. The programme started in March 2000 and its operation has been extended until September 2003. Special Units on Child Labour and an Interdisciplinary Central Team of Trainers are responsible for monitoring and investigating on child labour. The Labour Inspectorate is implementing a training programme for labour inspectors and police officers to combat the worst forms of child labour. The Ministry of Education and Research, with the Centre of Education and Professional Development, is trying to increase the children’s schooling rates to prevent and eradicate child labour in rural areas. The NACPA is developing the institutional capacity of public services specialized in child protection and combating the worst forms of child labour. The Government strategy concerning the protection of the child in difficulty (2001-04) recognizes child labourers as a specific category to be dealt with for the first time in Romanian legislation. The Committee requests the Government to continue supplying information on programmes, including more information on any steps taken or envisaged to ensure coordination among the wide-ranging programmes in a comprehensive manner to tackle each of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes with interest the Government’s statement in its report that the National Steering Committee is composed of representatives of NAPCA, the Ministry of Labour, Social Solidarity and Family, the Ministry of Education, the Ministry of European Integration and the Labour Inspection. This Committee coordinates and supervises programmes and actions in order to prevent and eliminate child labour in Romania. The Committee notes this is done by the development of the institutional capacities of the Specialized Public Services for the Protection of the Child (SPSPE) through training courses for specialists and the introduction of supervisory and coordinating machinery. They also focus on increasing the awareness of a broader public, including children, parents and community leaders, to understand the concept of child labour and the consequences of its worst forms on the development of children. The Committee notes the Government’s statement that, during the period 2001-04, the Labour Inspectorate carried out a campaign with a view to increasing the degree of awareness of employers of child labour and the necessity to comply with the relevant legal provisions with a view to the progressive elimination of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes with interest the information provided by the Government in its report, according to which the preliminary results on the target group children working in the street, in rural areas, and children at risk of dropping out of school, are the following: 1,598 children have been removed from child labour or prevented from engaging prematurely in child labour. The Committee notes that 315 street children (188 boys and 127 girls) were removed from labour, and 1,283 children were prevented from engaging in labour (664 boys and 619 girls).

Clause (c). Access to free, basic education. The Committee notes that, according to the Comprehensive Child Labour Report Romania of 2003, compulsory education has been extended from 8 to 10 years by Law No. 268/13 of June 2003, modifying Education Law No. 84/1995. The Committee requests the Government to provide further details regarding Law No. 268/13 of June 2003, and to supply a copy of it.

Clauses (d) and (e). Identify and reach out to children at special risk. Take account of the special situation of girls. The Committee notes, from the report submitted by the Government to the Committee on the Rights of the Child, that access to education for Roma children has been facilitated by the Ministry of National Education through the measures of positive discrimination in compliance with Order No. 4562/1998. The Foundation ECHOSOC (NGO) in collaboration with the Ministry of Education and Research, UNICEF and the PHARE programme (which aims to improve the situation of Romas in Romania), is responsible for the implementation of a programme in order to remove Roma children from street labour and to rehabilitate them. The Committee requests the Government to supply further information on this educational initiative for Roma children, especially in relation to its aim of preventing the potential occurrence of the worst forms of child labour, together with any other measures taken to protect and rescue Roma children from the worst forms, including extracts of documents, reports from programmes, or disaggregated information on Roma children. The Committee requests the Government to continue providing further information on the activities and on any specific measures taken by these authorities to give effect to Article 7(2)(a) to (e) to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government’s reports contain no information on this point. The Committee requests the Government to indicate the authority or authorities designated, in accordance with paragraph 3, responsible for the implementation of the provisions giving effect to the Convention, and by what methods such implementation is undertaken.

Article 8. International cooperation and/or assistance. The Committee notes with interest the information provided by the Government in its report, according to which the NACPA has given support to cooperation between various donors in the domain of protecting the child. An example is the American-Romanian partnership for protecting the child for 2001-05/ChildNet programme, which is being implemented by USAID, NACPA and World Learning. The Committee also takes note of the assistance provided by ILO/IPEC as being one of the principal measures taken to implement the Convention regarding many of its provisions. The Committee also notes the Government’s statement that, in conformity with the provisions of Article 8 of the Convention, Decision No. 829/31.07.2002 was adopted concerning the National Plan against Poverty and the Promotion of Social Inclusion. The Committee notes that the Romanian Penal Code contains the principle of extraterritoriality. Section 4 states that the criminal law applies to crimes committed outside Romania, if the perpetrator is a Romanian citizen or if, possessing no citizenship, the perpetrator has residence in Romania. The Committee requests the Government to provide further information regarding the procedural operation of the extraterritorial jurisdiction under section 4 of the Penal Code, and whether it has been used to prosecute Romanian citizens or residents who commit sexual offences against children under 18 or use them in other worst forms of child labour covered by the Convention outside Romania. The Committee also requests the Government to continue providing information on the steps taken to assist one another in giving effect to the provisions of this Convention.

Part III of the report form. The Committee notes the statement of the Government in its report that no court of law or other tribunals have given decisions involving questions of principles relating to the application of the Convention. The Committee requests the Government to continue providing information on decisions of tribunals which would involve questions of principle involving relating to the application of the Convention.

Part IV of the report form. The Committee notes that the Comprehensive Child Labour Report Romania, dated September 2003, provides information on the magnitude and types of the worst forms of child labour in the country and on some of the practical difficulties encountered in the application of the Convention. The report also contains figures deriving from a short pilot project concerning the worst forms of child labour, during which 489 cases of children employed in the worst forms of child labour were identified. The Committee notes, according to the information provided by the Government in its report, that distribution by age groups of children being employed in the worst forms of child labour shows that the highest rate is in the age group between 11 and 14 years old (46 per cent), followed by the age group 16-18 years (25 per cent), and the group 7-10 years (15 per cent). There is no significant difference between the number of children identified in the urban and the rural areas. The principal places where children involved in the worst forms of child labour were found are: in streets, in households, in businesses, agriculture, stations, markets. The main types of work in which they were involved were begging, prostitution, pornography, work in a noisy environment, and the handling of loads.

The Committee encourages the Government to continue its efforts to assess the practical application of the Convention and keep reporting on their results. The Committee asks the Government to supply full information on the results of the labour inspection concerning worst forms of child labour, including extracts of reports and statistics. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, to indicate any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V of the report form. The Committee notes that a rapid assessment survey was conducted in Romania with the assistance of IPEC on working street children in Bucharest. The survey identified the main factors that had an impact on the phenomenon to explain how street children become engaged in the worst forms of child labour and provided the basis for the identification of strategies for the elimination of child labour. The Committee encourages the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and 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, the number and nature of infringements reported, and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.