Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ukraine (Ratification: 2000)

Articles 3(a) and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Sale and trafficking of children. The Committee previously noted that section 149 of the Criminal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, and use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor. The Committee also noted that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 April 2011 remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe.

The Committee notes the Government’s information in its report that the National Police, in its efforts to combat trafficking in persons, took part in several activities in 2016, such as: (i) a workshop on “building the capacity of Ukraine’s law enforcement agencies to combat trafficking in persons and strengthening their role in the National Coordination Mechanism for Anti-Trafficking bodies” (Kharkiv); (ii) a professional development course held at the International Law Enforcement Academy, Budapest, Hungary on tackling trafficking in persons and investigating corruption-related offences in this field; (iii) a regional seminar in Azerbaijan on providing international legal assistance to combat trafficking in persons; and (iv) an “Interactive course for Ukrainian law-enforcement officials on Combating trafficking in persons”.

With regard to the application of the provisions of section 149 of the Criminal Code on offences related to trafficking in persons, the Committee notes from the Government’s report that in 2015, the police detected 111 cases related to trafficking in persons and identified 103 victims of trafficking, including six minors. Pretrial investigations were completed in 90 cases during which 69 offenders were held in pretrial detention. All these cases were referred to the court. As of 1 April 2016, 36 offences under section 149 were detected with 25 victims of whom one was a minor. The Committee requests the Government to pursue its efforts to protect children under 18 years of age from sale and trafficking and to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with the national legislation in force. In this regard, the Committee also requests the Government to provide specific information on the number of convictions and the penalties imposed on persons found guilty of trafficking children under 18 years of age.

Article 6. Programmes of action and removal of children from the worst forms of child labour. The Committee notes the information from a document from the International Organization for Migration (IOM) entitled, Human Trafficking in Ukraine – Situation Analysis, 2015 (IOM situation analysis) that a new National Action Plan (NAP) for Countering Human Trafficking (2016–20) has been finalized. The Committee requests the Government to provide information on the specific measures taken within the framework of the NAP 2016–20 to combat the trafficking of children under 18 years and the results achieved.

Article 7(2). Effective and time-bound measures. 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. Trafficking. The Committee notes the Government’s information that child victims of trafficking are usually placed in either children’s centres for social and psychological rehabilitation or children’s shelter/refuges which provides social, psychological, educational, medical, legal and other individual programmes of assistance or support for their rehabilitation. Moreover, the Government report indicates that whenever the State receives information about a child victim of trafficking, the local administration of the central government within whose area the child has been identified shall establish the child’s identity, assess the circumstances and adopt a plan laying out first-response measures to assist that child until he/she can be granted the status of a victim of trafficking. The Committee also notes the Government’s information that as of June 2016, the Ministry of Social Policy identified 27 child victims of trafficking, including nine boys and 18 girls. The Committee notes the information from a document from the IOM entitled Human Trafficking in Ukraine – Situation Analysis, 2015 that from January 2000 to June 2016, 12,186 victims of trafficking received comprehensive reintegration assistance which included legal aid, medical care, psychological counselling, financial support, vocational training and other types of assistance based on individual needs. The Committee encourages the Government to pursue its efforts and requests it to take effective and time-bound measures for the removal of child victims of trafficking and their rehabilitation and social integration, and to provide information on the results achieved. It requests the Government to provide information on the number of child victims of trafficking, both internal and transborder, who have benefited from rehabilitation and social integration measures.