Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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 had previously noted that, while the Penal Code prohibits child trafficking for the purpose of sexual exploitation (Chapter 4, section 1(a)(iii)), the trafficking of children for labour exploitation is not expressly prohibited. The Committee notes with interest the Government’s information that an amendment to Chapter 4, section 1(a), of the Penal Code, effective from 1 July 2004, extended the prohibition on trafficking in persons for sexual purposes to also include internal trafficking and trafficking for purposes of non-sexual exploitation, i.e. military service, forced labour, or the removal of organs (section 1(a)(1)). Section 1(a)(2) states that a person who commits an act constituting trafficking in persons pursuant to section 1(a)(1) against another person under the age of 18 years, shall be liable to the same penalty even if no improper means mentioned in section 1(a)(1), such as unlawful coercion, deceit and exploitation of a vulnerable situation, were used towards the child.

2. Forced or compulsory labour. The Committee had previously noted that Chapter 4, section 3, of the Penal Code, prohibited, by unlawful coercion or deceit, a person to enter into forced labour. It notes the Government’s information that this provision has been repealed and replaced with a new section 1(a), which prohibits trafficking in persons for the purpose of exploiting them for military service or forced labour or any such state of coercion.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to section 5 of the Defence Act, military service is compulsory only for Swedish men and applies from the calendar year in which the person liable for defence service attains the age of 19. The Committee notes the Government’s information that the Children’s Ombudsman has remarked that the Total Defence Duty Act should be amended as to make clear that service by children under the age of 18 years may not involve the bearing of arms. The Committee requests the Government to keep it informed on any amendment to the Total Defence Duty Act.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that, according to Chapter 6, section 10, of the Penal Code, a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 years of age, commits an offence. The Committee notes with interest the Government’s information that the new legislation on sexual crimes entered into force on 1 April 2005 with the purpose of strengthening the protection for children and young people from sexual violation. It also notes the Government’s information that, in this context, the ban on child prostitution is strengthened by extending the penal prohibition to include the purchase of sexual acts from children in situations other than pure prostitution, that may ultimately lead the child into prostitution. This situation occurs, for example, when a person takes advantage of a young person’s lack of maturity and by giving compensation, attracts and exploits a sexual act paid for by another person. The Committee notes the Government’s information that the scope of this provision now also includes a person who exploits a sexual act paid for by another person. It notes the Government’s information that the previous classification of the crime provided for in Chapter 6, section 10, as “seduction of youth” has been replaced with “purchase of a sexual act from a child”.

Clause (c). The 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, while the Narcotic Drugs (Punishments) Act of 1968 prohibits the transfer, manufacture, acquisition for the purpose of transfer, possession, use or handling, procuring, offering, or sale of narcotic drugs, the use, procuring or offering of a child for these activities is not expressly prohibited. The Committee notes the Government’s information that the Children’s Ombudsman takes the view that at least parts of the stipulation of prohibiting the exploitation of children for drug production and trading should come under the new provisions of the Penal Code concerning trafficking in persons. It also notes the Government’s information that the Narcotic Drugs (Punishments) Act prohibits, amongst other things, the use of intermediaries between seller and buyer and other measures calculated to promote drug trading. It further notes the Government’s information that the Children’s Ombudsman believes that there may be cause for a closer inquiry to establish whether all requirements of Article 3(c) of the Convention have been met. The Committee requests the Government to keep it informed of the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

Article 3(d). Hazardous work. Work on board ships. Following its previous comments, the Committee notes the Government’s information that work is now in progress at the Swedish Maritime Safety Inspectorate in order to adopt a new Ordinance concerning the work environment on board ships. The draft Ordinance includes special rules applicable to minors (Chapter 6). In particular, Chapter 6, section 5, states that a minor may not be engaged to perform duties on board ship listed in Annex 7, with certain specified exceptions. Moreover, section 7 states that a minor may not on any account be engaged or perform work listed in Annex 8 to the Ordinance. The Committee notes the Government’s statement that the new Ordinance is planned to come into force on 1 January 2006. It requests the Government to keep it informed of the adoption of the Ordinance and provide a copy of the text in force as soon as it has been adopted.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s information that, owing to the pressure of work, reworking of the Provisions on Minors at Work (AFS 1996:1) has not yet started. It is expected that the process begin in 2006 and it will presumably take two or three years to complete. The Committee takes note of this information and requests the Government to supply a copy of the new list of types of hazardous work prohibited for children as soon at it has been adopted.

Article 5. Monitoring mechanisms. 1. Work Environment Authority and the Maritime Safety Inspectorate. The Committee notes the Government’s information that the Work Environment Authority and the Maritime Safety Inspectorate seldom carry out inspections solely for the purpose of examining the work environment of minors, the reason being that so few minors in Sweden are gainfully employed. It notes the Government’s information that, if it comes to the knowledge of the Working Environment Authority that minors are being employed on work from which they ought to be excluded by virtue of the Provisions on Minors at Work, the Authority orders rectification. The question of special hazards to minors is raised, if relevant, in the course of inspections with reference to systematic work environment management. The Committee also notes the Government’s information that in the context of the 2006 European Week for Safety and Health at Work, which targets young persons, the Work Environment Authority’s inspections will focus on the work environment for young persons. Furthermore, the ELMIA fair, which is one of the Sweden’s biggest trade fairs, will also be focusing on young persons in 2006. The Committee takes note of this information.

2. Children’s Ombudsman. The Committee notes that, by virtue of the Children’s Ombudsman Act of 1993, as amended in 2002, the Children’s Ombudsman shall: (1) propose to the Government the amendments to laws or other measures need to accommodate the rights and interests of children and young people; (2) disseminate information, mold opinion and take initiatives for other suitable measures; (3) represent the rights and interests of children and young people in the public debate; (4) assemble knowledge and compile statistics on the living conditions of children and young people; and (5) follow international developments regarding the interpretation of the Convention on the Rights of the Child and its application. The Committee notes the Government’s information that the Children’s Ombudsman recently inaugurated a project aimed at strengthening the child’s perspective in the work of public prosecutors, in order to enable prosecutors to improve their handling of alleged violence and sexual offences against children. It also notes the Government’s information that the Children’s Ombudsman takes the view that children must be actively involved in the task of preparing and implementing action plans against the worst forms of child labour and given more information about the ILO Convention on the worst forms of child labour.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee notes the Government’s information that a National Plan to Combat all Forms of Trafficking in Persons was drawn up on 21 October 2004. On the same date, an interdepartmental task force was appointed to draft a National Action Plan for Combating Prostitution and Trafficking in Persons, women and children especially, for sexual purposes. Moreover, on 30 June 2005, an interdepartmental task force was appointed to compile an overview on which to base a draft National Action Plan for Combating Trafficking in Persons for Labour Exploitation and Trafficking in Organs, together with other forms of exploitation. This should be completed in spring 2006. The Committee requests the Government to provide information on the implementation of the abovementioned national plans of actions and results attained, including any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the trafficking of children for the purpose of sexual exploitation (Chapter 4, section 1(a)); procuring child prostitution (Chapter 6, section 10); using or procuring a child for pornography (Chapter 16, section 10(a)) or pornographic performances (Chapter 6, section 7(1) and (2)). The Committee notes that, pursuant to the legislative reform concerning trafficking, the penalties provided in Chapter 4, section 1(a) are extended to the new offences included in this section, such as trafficking of children for labour exploitation, forced labour and military service. It notes the Government’s information that, on 1 April 2005, the maximum penalty for an aggravated child pornography offence was raised from four to six years’ imprisonment. It also notes the Government’s information that the new offence of “exploitation for sexual posing” is punishable by a fine of up to two years’ imprisonment (Chapter 6, section 8).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 1. Child victims of prostitution. The Committee had previously noted that the police may intervene against young persons, who, for example, pose in sex clubs or are involved in street prostitution. It had also noted that the police is empowered to take persons that appear to be under 18 years of age in charge if they are found in conditions obviously implying an imminent and serious risk to their health and development. The Committee had noted that, by virtue of section 3 of the Care of Young Persons (Special Provision) Act, the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour, such as performing in sex clubs or engaging in prostitution. The Committee notes the Government’s information that, on 1 November 2004, there were some 4,500 children receiving care under the Care of Young Persons (Special Provisions) Act. Some 71 per cent of these children were taken in charge due to deficiencies in their home environment, 25 per cent due to their own socially destructive behaviour, and 4 per cent on account of deficiencies in both respects. It also notes the Government’s information that care orders under the Care of Young Persons (Special Provisions) Act are made by the County Administrative Court, following application by a municipal social welfare committee. Children made the subject of care orders must have an individual care plan and treatment plan. The Committee requests the Government to indicate how many of the children receiving care under the Care of Young Persons (Special Provisions) Act are former victims of prostitution. It also asks the Government to continue providing information on the number of children withdrawn from prostitution pursuant to the intervention of the police or to care orders, and on measures taken to rehabilitate and reintegrate these children.

2. Children in need of protection. The Committee notes that, according to the Children’s Ombudsman Act, the Ombudsman shall report to the social services committee if information is received that a child is abused at home or is in need of protection. The Committee requests the Government to indicate whether children have been withdrawn from prostitution and trafficking pursuant to reports by the Children’s Ombudsman. If so, it requests the Government to specify the number of children withdrawn from prostitution and from trafficking respectively.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that child workers are a priority target group for the Swedish International Development Authority (SIDA). It notes the Government’s information that since 1998 SIDA has been supporting international organizations and NGOs working to abolish the worst forms of child labour. It has in particular contributed to ILO/IPEC programmes in India (slavery), United Republic of Tanzania and Kenya (child domestic workers). SIDA also contributed to the ILO, UNICEF and the World Bank Programme “Understanding Children’s Work”. It notes the Government’s information that, with regard to trafficking, prostitution and sexual exploitation, SIDA has launched 54 initiatives between 1994 and 2004, mainly in Eastern Europe, in collaboration with UNICEF, IOM, Anti-Slavery International, ECPAT and local NGOs. The Committee further notes the Government’s information that child soldiers forcibly recruited in armed conflicts are another important target group for SIDA’s initiatives. In this regard, SIDA, in collaboration with UNICEF and Save the Children, provides support for the demobilization, rehabilitation and reintegration of child soldiers, especially in Sudan, Rwanda, Uganda and Colombia. Furthermore, SIDA supports educational measures aimed at promoting free education (Education For All; Fast Track Initiative, and the United Nations Girls’ Education Initiative) and preventing children and young persons from entering harmful employment. Finally, SIDA also promotes preventive campaigns, including awareness raising to counteract the worst forms of child labour. The Committee requests the Government to continue providing information on the activities of SIDA and their impact on the elimination of the worst forms of child labour.

Part III of the report form. Noting the absence of information on this point, the Committee once again requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention as soon as it becomes available.

Part V. The Committee notes the Government’s information that the report of the Commission on Knowledge concerning Sexually Exploited Children in Sweden shows that a considerable number of children are subjected to sexual exploitation in Sweden, though the exact number is uncertain, and that poverty, patriarchal structures and sexualization of society are a breeding ground for exploitation. It also notes the Government’s statement that there are presumably not many workplaces, amongst those inspected, where minors are employed at all. In 2002, there were only 178 minors in the labour market, and most of these attained the age of 18 during the calendar year. The Committee further notes the Government’s indication that the number of minors gainfully employed today is probably no greater, but the Work Environment Authority has not targeted the workplaces of these 178 minors for inspection. The Committee 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.