Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.