Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that according to section 173(5) of the Criminal Code No. 110 of 1997, as amended, “whoever induces someone else to use a narcotic drug, or gives a person a narcotic drug so that he or another person may use it, shall be punished by imprisonment for three months to five years”. Section 173(6) further states that if the above criminal offence is committed against a child (persons below 14 years) or a juvenile (persons below 18 years), the punishment shall be imprisonment for one to ten years. The Committee requests the Government to provide information on the practical application of section 173(4) and (5) of the Criminal Code.

Article 3(d). Hazardous work. Self-employed workers. Noting the provisions of section 8 of the Labour Act (section 13(1) of the consolidated text), which state that “employment commences by a labour contract”, the Committee had requested the Government to indicate the measures taken to ensure that self-employed children under 18 years of age also benefit from the protection laid down in the Labour Act. The Committee notes the Government’s indication that a new Labour Act No. 149/2009 has come into force from 1 January 2010 (new Labour Act). According to section 19 of the new Labour Act, a minor must not be employed in jobs which may threaten their safety, health, morals or development. Pursuant to this section, the Minister of Economy, Labour and Entrepreneurship and Minister of Health and Social Welfare issued the ordinance on jobs prohibited to minors and the ordinance on jobs that may be undertaken by minors subject to certain conditions. The Committee further notes the statistical information provided by the Government with regard to the violations on the employment of minors detected by the labour inspectorate. It notes that no cases relating to self-employed children in hazardous work were detected during the period 2008–2009.

Article 5. Monitoring mechanisms. 1. State inspectorate. Following its previous comments, the Committee notes the Government’s information that in 2008, the labour inspectors for labour relations identified 173 violations related to the employment of minors mainly with regard to overtime work (34 minors), night work (39 minors), working hours (ten minors), and hazardous work (one minor). Among these, 54 minors were found working as waiters/waitresses, 15 minors as sales assistants, and six minors as construction workers. In 2009, the labour inspectors identified 153 violations with regard to the employment of minors in the catering industry, commerce, tourism, construction, utility services, and trades and crafts services. The Committee notes the Government’s statement that the labour inspectors initiated misdemeanour proceedings against the employers and persons responsible for the above violations. It also notes the Government’s information that the labour inspectors issued decisions forbidding employers from employing minors in hazardous work, overtime and night work.

The Committee further notes the Government’s information that in 2008, the labour inspectors for occupational safety and health detected nine minors engaged in jobs requiring special conditions (construction work), and detected six minors who sustained injuries while working in the wood processing industry, railway carriage, metal industry and meat processing industry. In 2009, 132 minors were found working in contravention of the provisions requiring special working conditions.

2. Children’s Ombudsman. Following its previous comments, the Committee notes the Government’s information that the Office of the Children’s Ombudsman continues to monitor the state of affairs with regard to the protection of children from economic exploitation, within the framework of monitoring violations of children’s economic rights. It notes the Government’s statement that in 2009, the Office of the Children’s Ombudsman received a total of 75 complaints of violations of children’s economic rights, out of which 48 cases were related to the protection of children from economic exploitation and involvement in hazardous work, 20 cases were related to illegal work and others were individual complaints received from parents, citizens and representatives of various institutions.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Activities for the Rights and Interests of Children
2006–12. The Committee notes the Government’s information that within the framework of this National Plan of Activities for the Rights and Interests of Children (National Plan of 2006), special measures for child protection are laid down, including the effective prevention of child trafficking and assistance and protection to child victims of trafficking, and prosecution of perpetrators of criminal offences. It notes the Government’s information that the Ministry of Health and Social Welfare (MHSW) has appointed 21 county coordinators, representing the 21 centres of social welfare, who, along with 29 other health coordinators are given systematic training on the prevention of trafficking in human beings. The Government states that in 2009, the MHSW concluded a contract with the Croatian Red Cross to ensure the continued operation of the shelters for victims of trafficking, including the shelter for children (located in the city of Split) and provided funds for the operation of such shelters. The assistance provided in these shelters included accommodation, psychosocial, legal and medical assistance. The Committee requests the Government to provide information on the impact of the National Plan of 2006 in eliminating the worst forms of child labour, in particular the trafficking of children. It also requests the Government to indicate the number of child victims of trafficking under the age of 18 years who were provided assistance by the shelter in the city of Split.

Article 7(2). Clause (a). Preventing the engagement of children in the worst forms of child labour. Roma children. The Committee had previously noted the Government’s indication on the measures taken within the framework of the National Programme for the Roma to increase the school enrolment rates and decrease the school drop-out rates of Roma children. The Committee, noting that only 7 per cent of the Roma children went on to secondary school, of which only 3.5 per cent graduated from the secondary school, had expressed serious concern at the situation of Roma children who were at risk of being engaged in the worst forms of child labour. It had requested the Government to redouble its efforts to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community. The Committee notes that the Government has not provided any information on this point. The Committee notes that in its concluding observations, the Committee on the Elimination of all Forms of Racial Discrimination (CERD/C/HRV/CO/8 of 24 March 2009, paragraph 14) while expressing its appreciation for the measures adopted by the Government such as, the Action Plan for the Decade of Roma Inclusion and the National Roma Programme, expressed concern at the discrimination faced by Roma children in the field of education. The Committee therefore requests the Government to redouble its efforts to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. Following its previous comments, the Committee notes the Government’s information that the Office of the Children’s Ombudsman produced and published on its website a leaflet entitled “Protecting Child Beggars” in order to make the public aware of the fact that protection of these children is a joint responsibility of the government officials as well as the public in general. The Committee also notes the Government’s information that the Office of the Children’s Ombudsman, who receives complaints from citizens about children begging, notifies the police and requests their urgent intervention with the aim of offering appropriate protection to such children. According to the data of the Ministry of the Interior, in 2009, the police officers registered 70 cases of begging involving children, of which 32 were under the age of 14 years. The Government further states that the police instituted misdemeanour proceedings against the parents of these children on charges of inducement to begging or maltreatment and neglect. The Committee requests the Government to indicate the concrete measures taken to provide for the rehabilitation and social integration of children found begging, as well as the number of children who benefited from such measures.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information provided by the Government concerning violations related to juveniles, in particular unlawful juvenile labour, including hazardous work, night work and overtime work, and child beggars. The Committee requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, in particular the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.