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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. Noting the lack of information on this issue in the Government’s report, the Committee requests it to provide information on the effective application of section 301 (import, manufacture, sale and dissemination of pornographic material), section 302 (maintenance of brothels and procurement) and section 303 (pimping or involvement of another in prostitution) of the Criminal Code, as regards cases involving children. It once again requests the Government to provide statistical information on the number and nature of violations reported in this respect, investigations and prosecutions carried out, and convictions and criminal penalties imposed.

Article 6. Programmes of action and removal of children from the worst forms of child labour. Trafficking of children. With respect to information regarding the elaboration, adoption and implementation of new plans of action against trafficking, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

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. Child victims of trafficking. The Committee notes the absence of information in the Government’s report regarding the Committee’s previous request that it provide information on any progress made regarding measures taken to improve the identification of child victims of trafficking, considering that there were significant practical shortcomings in this regard.

The Committee notes that, according to the Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (GRETA), an unprecedented movement of people were forced to flee Ukraine since the start of the war (90 per cent of whom are women and children), and front-line civil society organizations, specialized NGOs and journalists have sounded the alarm over suspected cases of human trafficking. According to the GRETA Guidance Note on addressing the risks of trafficking in human beings related to war in Ukraine and the ensuing humanitarian crisis, issued on 4 May 2022, presumed victims of human trafficking among refugees from Ukraine have already been detected in several states. GRETA’s recommended actions include, but are not limited to: (1) raising awareness among all front-line responders and professionals involved in the registration, assistance and integration of people fleeing the war in Ukraine and providing them with guidance, tools and indicators on how to detect potential victims, notably among children; (2) as a matter of urgency, ensuring that all unaccompanied and separated children are registered and benefit immediately from effective protective care arrangements; and (3) developing coordinated plans with civil society for providing safe housing, food, psychological and medical assistance, social services, interpretation and provision of information on trafficked persons’ rights, with particular attention in cases where children are involved.

The Committee observes that, according to the Government’s report under Convention No. 29, preventing and combating child trafficking is a priority for the the Migration Police Department (MPD) during the war. The MPD has participated in four pan-European operations to combat human trafficking as part of the implementation of the Operational Action Plans of the European Multidisciplinary Platform against Criminal Threats (EMPACT), the first one of which concerned operations to combat child trafficking in June 2022. The MPD plans to participate in these operations in 2023 as well. In order to implement relevant preventive measures, the MPD has also established cooperation with the Ministry of Foreign Affairs and the National Social Service of Ukraine. In addition, the MPD is cooperating with law enforcement agencies across Europe on the prevention of human trafficking of temporarily displaced Ukrainian citizens, such as in Poland where they visited children’s institutions and Spain where visits were made to two boarding schools. The Committee requests the Government to provide information on the impact of the measures taken by the MPD on improving the identification and protection of child victims of trafficking. It once again encourages the Government to take specific measures, such as the use of indicators and tools, in order to ensure that child victims of trafficking are effectively and systematically identified. It also once again requests the Government to provide more detailed information regarding the protection of child victims of trafficking in persons, including the number of child victims identified, and the types of assistance and services provided to them.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee once again notes the absence of information, in the Government’s report, regarding the investigations and prosecutions of persons who engage in the sale and trafficking of children. The Committee refers to the Government’s report under the Forced Labour Convention, 1930 (No. 29), according to which the new challenges Ukraine is facing as a result of war increase the risk of human trafficking to virtually all segments of the population, but that combating this scourge remains one of the priorities of the National Police. The Government indicates that, in 2022, the National Police of Ukraine detected 134 cases of human trafficking; eight criminal offences under section 149 of the Criminal Code of Ukraine (human trafficking) were detected where the victims were children. Eight such offences were registered in the first five months of 2023. The Committee observes that the number of registered criminal offences for child trafficking remains low, and that information regarding the number of perpetrators of child trafficking who have been prosecuted and convicted remains sparse. The Committee once again urges the Government to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out. It requests the Government to provide information in this regard and on the number and nature of penalties imposed in practice.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the lack of information in the Government’s report regarding the measures taken to facilitate access to free basic education for all children, particularly children in areas of armed conflict, internally displaced children and Roma children. The Committee notes with concern that that the ongoing war in Ukraine appears to have had serious ramifications on children’s access to free basic education. A UNICEF press release of 24 January 2023 reports that the war has disrupted education for more than 5 million children, and that the impact of 11 months of conflict only compounds the two years of lost learning due to the COVID-19 pandemic, and more than eight years of war for children in eastern Ukraine. According to another UNICEF press release of 29 August 2023, children across Ukraine are showing signs of widespread learning loss as the war, preceded by the COVID-19 pandemic, have left students facing a fourth year of disruption to education. Moreover, according to the UNICEF website, only a third of schoolchildren in Ukraine are fully learning in-person. Two-thirds are struggling to learn online or through a mixture of online and in person classes. UNICEF is therefore working with governments and partners on the ground in Ukraine and countries hosting refugee children and families to help increase access to quality learning. This includes supporting the inclusion of children in national education systems and providing multiple learning pathways for children not currently enrolled. While noting the difficult situation prevailing in the country, the Committee once again strongly encourages the Government to take measures to facilitate access to free basic education for all children and improve the quality of education for all students at the primary and lower secondary levels. It once again requests the Government to provide information on the concrete measures taken and results achieved in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 6 of the Convention. Programmes of action and removal of children from the worst forms of child labour. Trafficking of children. The Committee notes the Government’s reference in its report, in response to its request, to the 2018 implementation report of the National Action Plan for 2016–20 on Combating Trafficking in Human Beings, annexed to the Government’s report. It notes that the objectives of the National Action Plan for 2016–20 include, among other things, the prevention of trafficking in persons and the protection of the rights of its victims, especially children. The Committee also notes, from the information in the 2018 implementation report, the undertaking of a significant number of awareness-raising activities in the different regions of the country to prevent the trafficking of children (including the holding of seminars, round tables, meetings and workshops), and the publication of educational material (including videos, games, and printed material), with dedicated activities in schools. It also notes from the same source the information on the conduct of training for law enforcement personnel, teachers, social workers, and staff of child protection institutions. Moreover, it notes the information on actions to detect and provide assistance to children in unfavourable conditions. Taking due note of the Government’s efforts, the Committee requests it to continue to provide information on the measures taken to prevent and combat the trafficking of children, and on 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. Child victims of trafficking. In its previous comment, the Committee noted the type of assistance measures usually provided to child victims of trafficking by the state (placement in children’s centres or shelters and the provision of social, psychological, educational, medical, legal and other support for their rehabilitation) and the concrete assistance provided by the International Organization for Migration (IOM) in this respect.

The Committee notes the Government’s indication, in response to its request, that in 2019, the status of victim of trafficking was assigned to eight children (two boys and six girls), who subsequently received support as provided for in the Anti-Human Trafficking Act of Ukraine. In this context, the Committee notes from the 2018 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) that while the number of adult victims identified between 2014 and 2018 has increased, there are significant practical shortcomings in the identification of child victims, including by the police and the State Migration Service, and that the scale of the phenomenon is not known (paragraphs 140 to 151). It notes that GRETA recommends, among other things, to improve training and tools for the identification of child victims of trafficking in persons, and to set up sufficient and adequately funded shelters with qualified staff and assistance services for presumed child victims of trafficking (paragraph 152). The Committee requests the Government to provide information on any progress made regarding measures taken (use of indicators and tools, cooperation between the relevant actors, etc.) to improve the identification of child victims of trafficking. It also requests the Government to provide more detailed information regarding the protection of child victims of trafficking in persons, including the number of child victims identified, and the types of assistance and services provided to them.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe. It also noted the Government’s information on the training and capacity-building activities in 2016 for the national police on trafficking in persons, and the investigations undertaken in 2015 regarding the application of section 149 of the Criminal Code on trafficking in persons, including six minors. The Committee requested 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.

The Committee notes an absence of information in the Government’s report on this issue. In this respect, the Committee refers to its comments on the application of the Forced Labour Convention, 1930 (No. 29) in which it notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice (in 2018, there were 291 investigations, 168 cases were brought to the courts, and 15 convictions were issued, with five prison sentences). The Committee notes, from the website of the State Judicial Administration, that these convictions concerned trafficking of five children. Referring to its comments on the application of Convention No. 29, the Committee strongly urges the Government to ensure that thorough investigations and 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. It also once again requests the Government to provide specific information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the grave concern expressed by the CRC in its concluding observations at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of internet users of child pornography (5 million users per month).

The Committee notes the Government’s indication in its report in response to the Committee’s request that, to strengthen the protection of children from sexual exploitation, amendments were made to the Criminal Code in 2018, including to section 302(4), which now provides for a penalty of between five and ten years for maintenance of brothels or procurement in cases involving children. The Committee also notes that the Government refers to cases concerning the investigation of sexual acts involving children, but that the Government does not provide specific information as regards the use, procuring or offering of children for prostitution, production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to ensure the effective application of section 301 (import, manufacture, sale and dissemination of pornographic material), section 302 (maintenance of brothels and procurement) and section 303 (pimping or involvement of another in prostitution) of the Criminal Code as regards cases involving children, including the imposition of penalties constituting an effective deterrent. It once again requests the Government to provide statistical information on the number and nature of violations reported in this respect, investigations and prosecutions carried out, and convictions and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comment, the Committee noted from the report of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine (A/HRC/27/75) the suspension of school education in several towns of the Donetsk region due to the armed conflict in the country, and variations in school attendance where schools had remained opened. It further noted from that report that 35 per cent of the 155,800 internally displaced persons from the Donbas region and the Crimea, had been children who needed to be enrolled in school, and that an estimated 450,000 internally displaced persons, including children had been identified from the cities of Donetsk and Luhansk. The Committee had expressed its concern at the situation of children deprived of education in the climate of insecurity prevailing in the country.

The Committee notes the Government’s indication, in response to the Committee’s request, that between 2016 and 2019, the number of schools in rural areas increased significantly, and that much was done to enrol a number of children with disabilities in inclusive classes. The Committee also notes the Government’s reference, to Order No. 367 of 2018, which according to the Government provides for improved access of education to internally displaced children, including: (i) simplified school enrolment; (ii) distance and individual learning; (iii) the possibility to sit the final school examination without enrolment; (iv) access to a higher or professional (vocational) education institution following an independent evaluation; and (v) the possibility to obtain a secondary-education certificate in one year. In this context, the Committee also notes that the Committee on Economic, Social and Cultural Rights (CESCR) in its 2020 concluding observations remains concerned at the regional disparities in access to quality education, with remaining problems in the Donetsk and Luhansk regions. The Committee also notes that the CESCR expresses concern at the persistently high rate of illiteracy among the Roma population, the high dropout rates among Roma children in secondary education, and the under-representation of Roma children in secondary and tertiary education (E/C.12/UKR/CO/7, paragraph 44). While noting the measures already taken and the difficult situation prevailing in the country, the Committee strongly encourages the Government to continue to take measures to facilitate access to free basic education for all children, particularly children in areas of armed conflict and internally displaced children, as well as children from the Roma population. It requests the Government to provide information on the concrete results achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Article 3(a) of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the grave concern expressed by the Committee on the Rights of the Child in its concluding observations at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of Internet users of child pornography (5 million users per month).

The Committee notes the Government’s information that the investigative agencies carried out pre-trial investigations in six cases registered under section 301 of the Criminal Code (import, manufacture, sale and dissemination of pornographic material) that involved children, which led to six indictments. The Government also indicates that in 2014, seven cases involving minors were registered under section 303 of the Criminal Code (pimping or involvement of another in prostitution). One such case was registered in 2015 and another case in the first four months of 2016, which led to five and two indictments respectively. No cases involving children were registered under section 302 of the Criminal Code related to maintenance of brothels and procurement. The Committee requests the Government to take the necessary measures to ensure that persons suspected of using, procuring or offering children under the age of 18 years for prostitution, the production of pornography and for pornographic performances, are thoroughly investigated and robustly prosecuted, and that penalties constituting an effective deterrent are imposed on them. It requests the Government to continue providing statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Ukraine (A/HRC/27/75) of 19 September 2014 (OHCHR report), that despite the efforts of the Donetsk Department of Education and Science, as well as school administrations, studies were suspended in several towns of the Donetsk region due to the ongoing armed conflict. In Slovyansk, Krasnyi Lyman and Krasnoarmiysk, two schools were damaged, while 62 schools and 46 kindergartens were not functioning, which affected 21,700 students and 5,600 children, respectively. Although, schools in other towns in the Donetsk region remained opened, attendance varied, with 25 per cent in Slovyansk district and 98 per cent in Makiivka district. The OHCHR report also indicates that the Government has identified 155,800 internally displaced persons (IDPs) from Donbas region and Crimea, of which 35 per cent are children who need to be enrolled in school. Moreover, according to the local authorities and IDP accounts, an estimated 450,000 people, including children, have been displaced from the cities of Donetsk and Luhansk. The Committee expresses its concern at the situation of children who are deprived of education because of the climate of insecurity prevailing in the country. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take effective and time-bound measures to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, particularly children in areas of armed conflict and internally displaced children. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted from the concluding observations of the Committee on the Rights of the Child (CRC) of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 80) that a national programme for countering human trafficking (2007–10) was adopted and implemented by the Government.

The Committee notes the Government’s information that, with the implementation of the national programme, the number of underage victims of trafficking has decreased: 55 child victims in 2007; 37 in 2008; 42 in 2009; and 41 in 2010. The Committee also indicates that several programmes of measures have been elaborated and adopted through legislative orders in order to implement the “National Plan of Action to implement the United Nations Convention on the Rights of the Child for 2006–16”. These programmes include measures aimed at improving the situation of child homelessness and eliminating child trafficking, sexual exploitation, and other forms of cruelty. The Committee requests the Government to provide information on the results achieved pursuant to the implementation of the programmes of measures adopted pursuant to the “National Plan of Action to implement the United Nations Convention on the Rights of the Child for 2006–16”, particularly with regard to the number of children removed from trafficking as well as the rehabilitation and social integration measures adopted for those children. It also requests the Government to continue to provide information on any other action programmes established in terms of the elimination of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking and commercial sexual exploitation of children. The Committee previously noted that the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 78), expressed concern at the extremely limited number of rehabilitation centres specifically dedicated to providing assistance to child victims of sexual exploitation.

The Committee notes the Government’s information that, prior to 2011, differences in the financing levels for orphanages and rehabilitation centres frustrated the development of a proper network of centres. However, the amendment of certain provisions of the Budget Code of Ukraine as of 1 January 2011 regarding inter-budget transfers to fund centres provided an impetus for the expansion of the network. As of July 2013, there are 76 operating social and psychological rehabilitation centres and 33 orphanages. In addition, professional assistance to children who have been subjected to various forms of violence, homelessness or neglect is ensured by children’s safe houses, operated by the Children’s Affairs Service. These centres are used to provide children with a comprehensive range of assistance, including social, psychological, educational, medical and legal, but also with individually tailored psychological and pedagogical treatment for intervention and rehabilitation for children, including those who have been trafficked. The Committee also notes that, according to the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29), through the adoption of Resolution No. 660 of 25 July 2012, the payment of a lump sum may be awarded to persons granted the status of victim of human trafficking, including child victims of trafficking. The Government indicates that the Ministry of Social Policy has so far granted the status of victim of human trafficking to 38 persons, including four children. The Committee strongly 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 trans-border, who have benefited from rehabilitation and social integration measures.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and the application of the Convention in practice. Clause (a). 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. However, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53), trafficking in children through and from Ukraine was a major problem. In respect of cross-border trafficking, girls were sent to the Czech Republic, Italy, Poland, Russian Federation, Turkey and United Arab Emirates. Boys were sent to the Republic of Moldova, Poland, Romania, Russian Federation and Turkey. Children trafficked across borders were exploited in street vending, domestic labour, agriculture, dancing, employment as waiters and for sexual services. The Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 80), remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe. The Committee requested the Government to strengthen its efforts to ensure in practice, the protection of children under 18 years of age from the sale and trafficking of children for labour or sexual exploitation.

The Committee notes the Government’s statement that several awareness raising measures have been taken by representatives of the Ministry of Social Policy, who regularly use various media, both national and regional, to inform the public about the new regulatory and legal framework for combating trafficking in persons and preventing them from finding themselves in human trafficking situations, as well as by the Ministries of Culture and of Foreign Affairs, the State Employment Service, and the Ukrainian national TV company. The Committee also notes that, in order to combat the trafficking of children, including for their sexual exploitation, the police force cooperates with public human rights organizations, including the non-governmental organization “La Strada Ukraine”. A national hotline telephone number has been set up, in collaboration with this organization, to provide consultation and targeted help for children in need.

With regard to the application of the provisions of the Criminal Code on trafficking, the Committee notes that, according to the Government’s report submitted to the Committee on the Elimination of Discrimination against Women on 19 September 2012, data from the Ministry of Internal Affairs for 2010, 2011 and the first five months of 2012 show 554 offences punishable under section 149 of the Criminal Code (trafficking in persons and other illegal transactions in respect of a person) (CEDAW/C/UKR/CO/7/Add.1, paragraphs 1–4). In 2010, there were 257 offences with 277 victims, of whom 35 were children. In 2011, there were 197 offences with 294 victims, of whom 12 were children. Finally, in the first five months of 2012, there were 109 offences with 128 victims, of whom seven were children. Moreover, according to the Government’s report under the Forced Labour Convention, 1930 (No. 29), in 2011, 17 cases were opened with regard to the application of section 149 of the Criminal Code on human trafficking in relation to children, 16 cases were opened in 2012; and five cases in the first six months of 2013. The Committee requests the Government to pursue its efforts to ensure, in practice, the protection of children under 18 years of age from the sale and trafficking of children for labour or sexual exploitation. In this regard, it requests the Government to continue to take the necessary measures 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 supply specific information on the number of convictions and the penalties imposed on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. The Committee noted the Federation of Trade Unions of Ukraine’s (FTUU’s) allegations that in Ukraine, children as young as 10 years old were involved in prostitution, pornographic activities and the sex industry. It observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice. Moreover, despite the various institutional and practical measures taken by the Ministry of Internal Affairs (MIA) to improve the efficiency of the activities of the law enforcement bodies in terms of the prevention and detection of crimes against children, the Committee noted the grave concern expressed by the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 78), at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of Internet users of child pornography (5 million users per month).

The Committee notes the Government’s statement that the measures taken to combat child pornography are becoming more effective. In this regard, since the beginning of 2013, 856 criminal offences were registered involving the import, sale or dissemination of material advocating violence, cruelty or pornography, which led to 201 indictments. The Government also indicates that the police force registered 516 criminal offences involving procurement (section 302 of the Criminal Code) or pimping (section 303 of the Criminal Code). Of those, 281 investigations have led to notices being served to individual suspects, 51 persons have been taken into custody and 178 indictments have been served. The Committee strongly encourages the Government to pursue its efforts to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography and for pornographic performances, and to provide information on the measures taken in this regard. It also requests the Government to provide concrete information on the number of investigations, prosecutions and sanctions applied against persons found guilty of committing an offence under sections 302 and 303 of the Criminal Code against children under 18 years of age.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and the application of the Convention in practice. Clause (a). Sale and trafficking of children. The Committee observed 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. It also noted that section 150-1 of the Criminal Code provides for penalties for the offence of using or coercing a child for begging. The Committee, however, noted that, according to the ILO–IPEC publication entitled “Child trafficking – The people involved: A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source country of trafficking victims but also an important transit route from other countries in the region. Moreover, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53), trafficking in children through and from Ukraine is a major problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates (UAE). Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, employment as waiters and for sexual services. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. Considering the seriousness of the problem related to trafficking in children, within and outside Ukraine, the Committee requested the Government to strengthen its efforts to combat and eliminate the trafficking of children under 18 years as well as to provide information on the practical application of the penalties laid down in sections 149, 150, 304 and 150-1 of the Criminal Code.

The Committee notes the Government’s information that in 2009, a criminal activity of a transnational group which was engaged in the recruitment and trafficking of Ukrainian nationals to Turkey for sexual exploitation was uncovered. The Government’s report further states that with a view to eliminating all criminal networks and blocking the channels of trafficking in persons, the Ministry of Internal Affairs (MIA) of Ukraine together with the law enforcement authorities of the Republic of Turkey arrested all members of this criminal group and liberated from sexual slavery the victims who were Ukrainian women. During the same period, another transnational organized criminal group which was engaged in trafficking in women to the UAE and other states for sexual exploitation was dismantled and the unlawful activity of 11 members of this group, including the nationals of Ukraine, Russian Federation, Iraq and the UAE was terminated.

With regard to the practical application of the provisions of the Criminal Code, the Committee notes the Government’s indication that in 2009, 279 crimes including 42 crimes involving children were registered under section 149 of the Criminal Code; 41 crimes involving children were detected in 2010 and 11 crimes involving children were detected during the first five months of 2011. Similarly, in 2009, 15 criminal cases were registered under section 150 of the Criminal Code (exploitation of children), 14 cases in 2010, and 3 cases during the first five months of 2011. Furthermore, 1,904 cases involving children in a criminal activity/begging (section 304 of the Criminal Code) were registered in 2009, 1,993 cases were registered in 2010 and 1,104 cases were registered during the first five months of 2011. The Committee further notes the Government’s information that with regard to section 150-1 of the Criminal Code (using or coercing a child for begging), 87 cases were reported in 2009, 94 cases in 2010, and 45 cases during the first five months of 2011. Nonetheless, the Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 80), remained concerned that Ukraine continues to be one of the largest source countries of trafficking in Europe, and expressed its regret at the lack of information on prosecutions of persons engaged in trafficking of children. While acknowledging the various efforts taken by the Government in the area of trafficking, the Committee observes that the trafficking of children still remains a major issue in Ukraine. Accordingly, the Committee requests the Government to strengthen its efforts to ensure in practice, the protection of children under 18 years of age from the sale and trafficking of children for labour or sexual exploitation. In this regard, it requests the Government to take the necessary steps 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. The Committee also requests the Government to continue to supply specific information on the practical application of sections 149, 150, 304 and 150-1 of the Criminal Code, including statistics on the number of prosecutions, convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. The Committee noted the Federation of Trade Unions of Ukraine’s (FTUU) allegations that in Ukraine, children as young as 10 years old were involved in prostitution, pornographic activities and the sex industry. It observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee notes the Government’s information that in 2009, 1,012 crimes were registered under section 301 of the Criminal Code (importation, manufacturing, marketing and dissemination of pornographic articles) including 16 cases involving minors. In 2010, 10 cases involving minors and in 2011, three cases involving minors, were registered. Similarly, in 2009, 866 crimes including 16 cases involving minors were registered under section 303 of the Criminal Code (trading and involving persons in prostitution), in 2010, nine cases involving minors and, in 2011, eight cases involving minors were registered. The Committee further notes the Government’s information with regard to the various institutional and practical measures taken by the MIA to improve the efficiency of the activities of the law enforcement bodies in terms of the prevention and detection of crimes against children. In 2011, the representatives of the MIA participated in an international workshop on the fight against spread of child pornography on the Internet, and in a training seminar entitled “Struggle against sexual exploitation of children – exchange of best practices”, held by the Ministry of Internal Affairs of the Republic of Moldova and the NGO “La Strada”. In addition, the Committee notes the Government’s statement that measures have been taken to identify the places of registration of the websites where child pornography is posted, and the persons who are responsible with the creation and updating of these sites. However, the Committee notes, the grave concern expressed by the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 78), at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of Internet users of child pornography (5 million users per month). The Committee expresses its deep concern over the situation of children involved in prostitution and pornography and urges the Government to strengthen its efforts to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography and for pornographic performances. It also urges the Government to ensure that any person found guilty of committing an offence against minors under sections 301 and 303 of the Criminal Code is prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken to this end and on the results obtained, particularly in terms of the number of investigations and prosecutions carried out and sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee noted that the ILO–IPEC programme on child trafficking entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE 2001–07), ended in 2007. It requested the Government to continue taking measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the concluding observations of the CRC of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 80) that a National Programme for countering Human Trafficking (2007–10) was adopted and implemented by the Government. The Committee requests the Government to provide information on the results achieved pursuant to the implementation of the National Programme for countering Human Trafficking 2007–10, particularly with regard to the number of children removed from trafficking as well as the rehabilitation and social integration measures adopted for those children. It also requests the Government to provide information on any other action programmes established in terms of the elimination of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking and commercial sexual exploitation of children. The Committee noted the Government’s information that the organization “End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes” (ECPAT International), along with the non-governmental organization “La Strada-Ukraine”, were implementing a project on the “Development of the national system of assistance of child victims of trafficking and sexual exploitation”. The Committee requested the Government to provide information on the implementation of the ECPAT/La Strada-Ukraine project and its results.

The Committee notes the absence of information in the Government’s report on this point. In this regard, the Committee notes that the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 78), expressed concern at the extremely limited number of rehabilitation centres specifically dedicated to providing assistance to child victims of sexual exploitation. The Committee urges the Government to increase the availability and accessibility of rehabilitation centres to provide appropriate and effective services, including legal, psychological and medical services to child victims of sexual exploitation and trafficking. It requests the Government to provide information on the measures taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that, pursuant to section 35 of the Law on Education, the State ensures free and compulsory complete general secondary education. However, it had noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 60) was concerned at the increase in drop-out rates in secondary and vocational education, and at regional disparities in the number of educational establishments with rural areas being at a particular disadvantage. It had also noted that, according to the Government in 2004, units in charge of minors’ affairs and other competent authorities found that 16 per cent of 50,500 children from economically and socially disadvantaged families did not attend school and 27 per cent were vagabonds. The Committee had further noted the Government’s information that a number of informal education methodologies, such as
“peer-to-peer”, and educational programmes, such as “Step-by-Step”, “Critical thinking” and “Economic education for children”, were introduced to improve the education of children. The Committee had finally noted with interest the Government’s information that out of the 7,050 children who were identified in 2006 as not attending any school, including children placed in orphanage centres for social and psychological rehabilitation, 3,233 children (46 per cent) were reintroduced to school. The Committee had requested the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates.

The Committee notes the detailed information, including statistical data provided by the Government in its report under Convention No. 138 on the number of educational establishments and number of children studying in such establishments. According to this data, by the end of 2008 there were more than twenty thousand general education establishments in Ukraine, where more than 4.4 million children were studying, with (13,600) establishments (68 per cent) in rural areas, where (34.3 per cent) 1.52 million children from rural areas were studying. Moreover, there were 317 general education boarding schools, including 53 schools for orphaned children and children left without parental guardianship; and 14 schools for social rehabilitation.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the ILO–IPEC publication entitled “Child trafficking – the people involved: a synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee had also noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee had observed that section 149 of the Penal 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 had further noted with interest the various measures adopted by the Government to prevent and combat child trafficking at various levels, as well as the measures taken to ensure the effective enforcement of the legislation on human trafficking. However, the Committee had noted that according to the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), trafficking in children through and from Ukraine is a big problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates. Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, as waiters and for sexual services. Another characteristic of child trafficking in Ukraine is that in most cases children are trafficked within the country, mainly to provide sexual services or to beg, despite promises of work as cleaners, waiters or hawkers. The recruitment for trafficking often takes place when traffickers, to force their victims to work, trap children in debt bondage: to pay off the costs of their trip and related “services” such as food and accommodation, the children must stay and work. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. As of 30 June 2006, 120 unaccompanied children were repatriated from nine countries, mostly from the Russian Federation, Turkey and Poland. Finally, according to the Special Rapporteur, notwithstanding the very useful efforts undertaken by the International Organization for Migration (IOM) in providing assistance to victims of trafficking, the figure of 2,345 persons assisted since 2000 is just the tip of the iceberg, and many victims remain unaccounted for and unassisted abroad or when they return to Ukraine.

The Committee notes the Government’s statement that, in 2008, 322 crimes were registered under section 149 of the Criminal Code, including 31 crimes committed against children, and 21 crimes involving children were detected in 2009. The Committee also notes the Government’s statement that the issue of involving children in a criminal activity and coercing children into begging remains a pressing problem in the country. It notes the Government’s information that in 2008, 1,982 cases involving children in a criminal activity/begging (section 304 of the Criminal Code) were reported and 675 cases were reported in 2009. Furthermore, in 2008, 164 cases of coercion of children into begging by adults were detected; and 34 cases under section 150 of the Criminal Code (exploitation of children) were detected in 2009. The Committee notes with interest the Government’s statement that the Ministry of Internal Affairs (MIA) introduced a new section (section 150-1) to the Criminal Code of Ukraine which provides penalties for the offences of using or coercing a child for begging. According to section 150-1, the use of a child for begging by the parents or his/her guardian or any other person with or without the use of force or threat, as well as committed repeatedly or by a person punished under sections 150 and 304 of the Criminal Code is punishable by imprisonment ranging from three to ten years.  It further notes the Government’s indication that in 2009, 17 criminal cases were initiated under section 150-1 of the Criminal Code. The Committee notes that according to the ILO/IPEC publication entitled “Activities for combating child labour and trafficking in Ukraine”, 5,214 victims of trafficking were returned to Ukraine during the period from 2000–08 by the IOM from various countries, out of which, 256 victims were minors. Considering the seriousness of the problem related to trafficking in children, within and outside Ukraine, the Committee requests the Government to redouble its efforts to combat and eliminate the trafficking of children under 18 years, for sexual and labour exploitation, including begging. It also requests the Government to provide information on the practical application of the penalties laid down in sections 149, 150, 304 and 150-1 of the Criminal Code.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee had noted, the Federation of Trade Unions of Ukraine’s (FTUU) allegations that in Ukraine, children as young as 10 years old were involved in prostitution, pornographic activities and the sex industry. It had observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee had noted with interest that the Government had taken a number of measures to combat the use, procuring or offering of children under the age of 18 for prostitution and pornography, including the initiative by the police and the MIA units to dismantle the networks of individuals and organized criminal groups involved in prostitution and pornography (22 groups discovered in 2005 and 65 in 2006). In addition, in order to prevent the commercial sexual exploitation of children, from 2005 onwards, the police carried out around 2,500 raids and verified the legality of nearly 750 photographic studios, 307 modelling agencies, some 3,000 night clubs, 375 massage parlours and 525 hotels.

The Committee notes the Government’s statement that in 2008, 851 crimes were registered under section 301 of the Criminal Code (importation, manufacturing, marketing and dissemination of pornographic articles), including 12 cases involving minors; and in 2009, three cases were registered. Similarly, in 2008, 317 cases were registered under section 303 of the Criminal Code (trading and involving persons in prostitution), including 17 cases involving minors, and in 2009, five cases were registered. The Committee also notes the Government’s statement that the representatives of the MIA take part in the international, national and regional seminars, conferences and training events in the prevention and control of crimes against children. In March 2009, the MIA participated in a workshop on the fight against the spread of child pornography on the Internet. Furthermore, the promotional activities in this area and regular coverage of these subjects through the mass media, weblogs and on television has helped to make the public aware of the legal aspects with regard to the prevention and control of the crimes related to child pornography. The Committee further notes the Government’s information that inspections and regular raids are being carried out in modelling agencies, hotels, employment agencies abroad, night clubs and other entertainment establishments to identify and detect persons who involve minors into prostitution, or for the production and dissemination of pornographic materials. The Committee requests the Government to continue to take the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also requests the Government to continue to provide information on the measures taken to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC programme on child trafficking – PROTECT CEE. The Committee had previously noted the information regarding the implementation of the ILO–IPEC programme relating to child trafficking in the Balkans and Ukraine entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE 2002–07), and the results achieved. Noting that the PROTECT CEE programme ended on 31 January 2007, the Committee requests the Government to continue to take measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

Programme to combat the commercial sexual exploitation of children. The Committee had previously noted that, in July 2004, Ukraine signed an agreement of cooperation with ECPAT International “End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes” on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation was to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. It had noted the Government’s information that ECPAT, and the NGO “La Strada-Ukraine” were implementing the project on the “Development of the national system of assistance for child victims of trafficking and sexual exploitation”. The project is designed to elaborate the national and international framework of assistance for child victims of trafficking and commercial sexual exploitation. In 2005, ECPAT also started to introduce measures to prevent the use of children for the production of pornographic material. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the implementation of the ECPAT/La Strada‑Ukraine project “Development of the national system of assistance for child victims of trafficking and sexual exploitation”, as well as the results achieved.

Article 8. International cooperation and assistance. Child trafficking. The Committee had previously noted that the MIA of Ukraine prepared multilateral and bilateral agreements to promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking, with the Czech Republic, France, Hungary, Israel, Poland, Romania, Republic of Moldova, Sweden, Turkey, United Kingdom and the former Yugoslav Republic of Macedonia. It had also noted the Government’s information that the MIA ensures a constant exchange of information with the police in these countries concerning criminal groups and individuals involved in trafficking Ukrainian citizens, including minors, abroad for sexual or labour exploitation which had led to the dismantling of several trafficking network groups and detection of several cases of trafficking. The Committee had also noted the Government’s information that, Ukraine had established cooperation with Interpol, Europol, the Regional Centre of the South-East Cooperation Initiative for Cooperation against Transnational Crime, as well as international organizations and law enforcement agencies of other countries. Noting the absence of information in the Government’s report, the Committee once again requests the Government to continue to provide information on the impact of the international cooperation measures on the elimination of the trafficking of young persons under 18 for labour or sexual exploitation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 304 of the Penal Code prohibits engaging “minors” in criminal activity, drinking alcohol, begging or gambling. Section 307 of the Penal Code prohibits the illegal production, making, purchasing, storage, transportation, sending or sale of narcotics, psychotropic substances or their analogues. Subsections (2) and (3) provide for a higher penalty when this offence is committed by engaging a “minor” and a “young child”. The Committee had requested the Government to indicate the definition of the terms “minor” and “young child” for the purpose of these provisions of the Penal Code. The Committee notes the Government’s information that the term “minor”, according to the Penal Code, applies to all persons under 18 years, and the term “young child” applies to all persons under the age of 14 years.

Article 3(d). Hazardous work. Self-employed workers. The Committee had previously noted that section 190 of the Labour Code prohibits the employment of persons under the age of 18 years in heavy duties, work in harmful or dangerous working conditions, work related to lifting and carrying things the weight of which exceeds the limits established for these persons, as well as in underground work. Noting that the scope of application of the Labour Code did not seem to cover self-employed persons, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years of age from work which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s information that the use of minors in hard work and work in harmful and dangerous conditions is prohibited in all enterprises, establishments and organizations regardless of their form of property and sector.

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 had previously noted that, pursuant to section 35 of the Law on Education, the State ensures free and compulsory complete general secondary education. However, it had noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 60) was concerned at the increase in drop-out rates in secondary and vocational education and at regional disparities in the number of educational establishments with rural areas being at a particular disadvantage. It had also noted that, according to the Government, in 2004, units in charge of minors’ affairs and other competent authorities found that 16 per cent of 50,500 children from economically and socially disadvantaged families did not attend school and 27 per cent were vagabonds. The Committee notes the Government’s information that a number of informal education methodologies, such as “peer-to-peer”, and educational programmes, such as “Step by Step”, “Critical thinking” and “Economic education for Children”, have been introduced in order to improve the education of children. According to data provided by the Service on Child Affairs, 8,085 children in Ukraine who did not go to school were identified in September 2005, and 7,050 children in 2006. They include children placed in orphanage centres for social and psychological rehabilitation. It notes with interest the Government’s information that, out of those 7,050 children, 3,223 (46 per cent) were reintroduced to school. The Committee requests the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates. It also requests the Government to continue to provide updated statistical information on school enrolment rates and drop-out rates.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. Following its previous comments, the Committee notes that, according to the ILO/IPEC Final Technical Progress Report of the National Programme for the prevention and elimination of the worst forms of child labour in Ukraine of 8 December 2006, in 2006, 60 teachers/practical psychologists and social workers were trained on how to provide direct services based on ILO/IPEC Supporting Children’s Rights through Education, Arts, and Media (SCREAM) methodology. A series of extra-curricular activities based on the SCREAM methodology were organized for targeted children (child victims of trafficking and vulnerable children) in Donetsk and Kherson regions. The SCREAM methodology was also used by the practical psychologists and teachers working in schools, shelters and institutions of the pilot regions. The Committee notes that, according to the ILO/IPEC Final Report, 354 children have been prevented and 1,167 withdrawn from child labour, including its worst forms, through the provision of educational services and training opportunities. Moreover, 1,155 children have been prevented from child labour, including its worst forms, through the provision of other non-education related services.

Clause (d). Identifying and reaching out to children at special risk. Street children and other vulnerable children. Following its previous comments, the Committee notes with interest that the Government has taken a number of measures to address the situation of street children and other vulnerable children. These include:

(a)   the approval in 2006 of the “State Programme to Combat Child Homelessness and Neglect for 2006–10”, which recognizes child labour as a factor for child homelessness as it pushes children into the streets and aims at assisting families and children of families with parents not able to fulfil their obligations;

(b)   approval in 2006 of “The Concept Programme on Reforming the Boarding System for Child-Orphans and Children Deprived of Parental Care”, aimed, inter alia, at restructuring boarding schools and promoting foster care;

(c)   adoption in June 2007 of the Law on the “State Programme/National Action Plan to Implement the Convention on the Rights of the Child until 2016” which focuses, among others, on psychological education, medical and economic assistance to vulnerable children; and

(d)   introduction in 2005 of the system of social family monitoring in order to help families in difficult situations and prevent the social orphanage (23,069 families with 48,432 children were monitored in 2006).

The Committee also notes the Government’s information that, as a result of the improved state control over parents and the way they fulfil their obligations and the development of the family-type of education of orphans and children deprived of parents’ care, the number of street and homeless children in the country has diminished from 12,200 in 2005 to 11,700 in 2006. In addition, as a result of the reform of the child protection system for orphans and children deprived of parental care, the number of child care homes increased. Moreover, each year the state agencies have increased the monitoring of vulnerable families. In 2006, about 80,000 inspections were conducted in order to identify vulnerable families. In the same year, more than 9,300 families and 7,000 parents were registered for prevention purposes. The number of criminal cases conducted for flagrant violation of the duties relating to the education of children amounted to 749 in 2005, and to 746 in 2006.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, during the inspections carried out in 2005–06 by the Goznadzortrud (authority within the Ministry of Social Labour and Social Policy which monitors the compliance of labour legislation), violations of legislation were identified with respect to 335 minors, mainly involved in overtime or night work. On the basis of the results of inspections, 995 orders were issued in order to eliminate the violations. In addition, 68 employers have been subject to administrative penalties. Documents relating to 143 inspections have been transmitted to the Prosecutor’s Office in order to take to court employers violating labour legislation related to minors. The Committee also notes with interest the Government’s information that since 2005 the Goznadzortrud has participated in the implementation of the ILO/IPEC project “Institutional Development of Labour Inspection for participation in the System of Child Labour Monitoring in two pilot regions – Donetsk and Kherson regions”. Under this project, the following results have been achieved: (a) 14 workplaces of labour inspection have been equipped both in the headquarters and pilot regions; (b) an integrated database has been created regarding working children identified during inspections; (c) labour inspectors have been trained; (d) workplaces in both the formal and informal economy have been monitored; and (e) contacts have been established with other services, such as the Service on Child Affairs, in order to gather information on child labour.

The Committee finally notes the Government’s information that in the period 2005–06, a total of 40 cases were documented relating to the offences described in section 150 of the Penal Code (illegal exploitation of child labour). In the same period, criminal cases were documented against 175 individuals regarding section 304 of the Penal Code (engaging minors in criminal activity, drinking alcohol, begging or gambling). Moreover, in 2005, 2,743 cases were registered under section 317 of the Penal Code (organizing or running a place for the illegal use, production or making of narcotics and psychotropic substances) related to crimes committed by adults against children. In 2006, 2,662 of such cases were documented.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that, according to the ILO/IPEC publication entitled “Child trafficking – the people involved. A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee had further noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee had observed that section 149 of the Penal 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, use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

The Committee notes with interest the Government’s information on the comprehensive measures adopted at various levels to prevent and combat child trafficking. These include:

(a)   the adoption in 2006 of amendments to the Criminal Code designed to increase the penalties imposed on persons committing the offences of human trafficking and involvement of children in prostitution (penalties increased to imprisonment for 5–12 years if victims are aged between 15 and 18 and to imprisonment for 8–15 years if victims are aged between 0–14 years);

(b)   the approval by the Cabinet of Ministers on 7 March 2007 of a Programme for Fighting Human Trafficking (2007–10) and consequent preparation by the Ministry of Internal Affairs (MIA) of a Plan of Action to implement the Programme, which contains measures to prevent child trafficking;

(c)   the adoption in June 2007 of the Law on the “State Programme/National Action Plan to Implement the Convention on the Rights of the Child until 2016” (the issues of child labour and child trafficking were mainstreamed into the National Action Plan);

(d)   elaboration by the Ministry of Family, Youth and Sport, in cooperation with the Ministry of Labour and Social Policy and the MIA of a draft National Programme containing sections regarding the prevention of illegal labour migration and forced labour and measures to protect child victims of trafficking;

(e)   measures taken at the educational level to prevent trafficking by involving teachers and parents of child students;

(f)    social inspections carried out to verify compliance with the requirements of legislation on protection of children’s rights;

(g)   awareness-raising events on prevention of child trafficking and commercial sexual exploitation organized among the security services and other enforcement bodies; and

(h)   rehabilitative services provided to child victims of trafficking or vulnerable to trafficking in five rehabilitation centres for victims of trafficking and 60 centres for child social protection.

The Committee also notes with interest that the Government has taken a number of measures to ensure that the legislation on trafficking is enforced and persons who traffic in children for labour or sexual exploitation are, in practice, prosecuted. These include:

(a)   establishment within the MIA of a Department to Combat Offences related to Trafficking in Persons;

(b)   inspections conducted by the MIA in 2006 among a number of agencies offering placements abroad (24 cases of fraud related to placement abroad, some of which related to the trafficking of women and minors to the UAE);

(c)   arrest by the police of a number of organized criminal groups involved in trafficking (one case regarded the transfer to Turkey of three minors in order to sell them to a pimp; another case concerned the sale of 25 minor girls for their sexual exploitation in Moscow); and

(d)   increased supervision by the state border patrol service on the illegal removal of minors from Ukraine without parental consent (3,200 cases in 2005).

The Committee notes the Government’s information that the Department to Combat Offences related to Trafficking in Persons has increased the efficiency of its work since 2005. In 2005, 415 criminal cases were investigated under section 149 of the Penal Code (prohibiting trafficking), of which 357 were taken to court (23 cases concerned children). This represents 54.3 per cent more than in 2004. In 2006, 376 cases were investigated under section 149 of the Penal Code, of which 317 were taken to court (38 cases concerned children). Moreover, in 2005, through the activity of the Department to Combat Offences related to Trafficking in Persons, 446 victims of trafficking, including 39 minors, have been identified and returned to Ukraine. In 2006, 393 victims, including 52 minors, were identified and returned to Ukraine.

However, the Committee notes that, according to the Report of the Special Rapporteur on the Sale of Children, Child Prostitution, and Child Pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53, pages 15–17), trafficking in children through and from Ukraine is a big problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates. Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, as waiters, and for sexual services.

One characteristic of child trafficking in Ukraine is that in most cases children are trafficked within the country. They are expected to provide sexual services or to beg, despite promises of work as cleaners, waiters or hawkers. The recruitment for trafficking often takes place when traffickers, to force their victims to work, trap children in debt bondage: to pay off the costs of their trip and related “services” such as food and accommodation, the children must stay and work. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. As of 30 June 2006, 120 unaccompanied children were repatriated from nine countries, mostly from the Russian Federation, Turkey and Poland. Finally, according to the Special Rapporteur, notwithstanding the very useful efforts undertaken by IOM in providing assistance to victims of trafficking, the figure of 2,345 persons assisted since 2000 is just the tip of the iceberg and many victims remain unaccounted for and unassisted abroad or when they return to Ukraine.

The Committee welcomes the comprehensive measures taken by the Government to prevent and combat the trafficking of children under 18 years, as well as to prosecute child trafficking offenders. It observes, however, that, despites these measures and although the trafficking of children under 18 years is prohibited by law, it remains a serious issue of concern in practice. The Committee requests the Government to redouble its efforts to combat and eliminate the trafficking of children under 18 years for labour and sexual exploitation. It further requests the Government to pursue its efforts to ensure that persons who traffic in children for labour and sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee had noted that, according to the Federation of Trade Unions of Ukraine’s (FTUU) allegations, children in Ukraine were involved in prostitution, pornographic activities and the sex industry. This not only concerned young people of 15 years of age, but also children of 10 years of age. The Committee had observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee notes with interest that the Government has taken a number of measures to combat the use, procuring or offering of children under the age of 18 for prostitution and pornography. In particular, the police and the MIA units collaborated to dismantle the networks of individuals and organized criminal groups involved in prostitution and pornography (22 groups discovered in 2005 and 65 in 2006). In addition, in order to prevent the commercial sexual exploitation of children, from 2005 onwards, the police carried out around 2,500 raids and verified the legality of nearly 750 photographic studios, 307 modelling agencies, some 3,000 night clubs, 375 massage parlours and 525 hotels. Examples of cases of arrests by the police of groups involved in child pornography include:

(a)   the case of a modelling agency producing pornographic material of children in Kiev and Kharlov and disseminating such material over the Internet;

(b)   the case of a person living in the Poltava region who forced children to take part in the production of pornographic material for distribution and sale; and

(c)   the case of an organized criminal group selling pornographic material involving minors in the Donetsk region.

The Committee notes the Government’s information that, in total, in 2005, 282 cases regarding the offence of procuring prostitution (section 303 of the Penal Code), were taken to court, of which ten involved children. In 2006, 2,248 of such cases were taken to court, of which nine involved children. Moreover, the MIA units referred to the court 1,343 criminal cases related to section 301 (pornography). In 2005, 318 cases regarding the offence of pornography were taken to court, of which seven concerned children. In 2006, cases of pornography numbered 449, of which only three concerned children. The Committee requests the Government to continue to take the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also requests the Government to continue to provide information on the measures taken to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programme on child trafficking – PROTECT CEE. Following its previous comments, the Committee notes that the ILO/IPEC programme launched in 2002 relating to child trafficking in the Balkans and Ukraine entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE) ended on 31 January 2007. Under Phase II of PROTECT CEE, two regions (Hersonskaya and Donetskaya oblasts) decided to carry out pilot projects in
2005–06 aimed at creating and testing mechanisms to monitor the worst forms of child labour, including the sale and trafficking in children. PROTECT CEE targeted child victims of trafficking and children vulnerable to trafficking. The Committee notes with interest the comprehensive information contained in the Government’s report regarding the implementation of the PROTECT CEE and the results achieved. According to the Final Report of PROTECT CEE of 12 March 2007, various action programmes have been implemented in Donetsk and Kherson regions.

The action programme “Capacity Building for the Improvement of Care of Victims of Trafficking and Direct Support to their Long-Term Reintegration” had the following main outcomes: (a) 37 psychologists and social workers were trained on psychosocial rehabilitation of child victims of trafficking (and a draft manual was prepared for social workers in charge of providing rehabilitative services to child victims of trafficking); and (b) 20 children at high risk were prevented from entering trafficking and 69 child victims of trafficking were withdrawn. Under the action programme “Support to existing Community-based Youth Centres in the pilot regions of Donetsk and Kherson to reduce vulnerability to trafficking, identify potential victims, and facilitate social inclusion of returnees”: (a) 52 peer educators were trained on provision of life skills; and (b) 722 children at risk were prevented from entering trafficking, and 57 child victims of trafficking were withdrawn. Finally, under the action programme “Promotion of youth employment in two pilot oblasts”: (a) 50 career/job counsellors from the Public Employment Service (PES), school psychologists and social workers from Donetsk and Kherson regions were trained on job counselling; (b) 420 children at risk were prevented from entering trafficking and 70 child victims of trafficking were withdrawn through the provision of educational activities, vocational training, counselling, career guidance, uniforms, stipends and job placement; and (c) 82 family members were provided with counselling sessions on education/vocational training and career guidance/job counselling. Noting that the PROTECT CEE Programme ended on 31 January 2007, the Committee requests the Government to continue to take measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

2. Programme to combat the commercial sexual exploitation of children. The Committee had previously noted that in July 2004 Ukraine signed an agreement of cooperation with ECPAT International (“End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes”) on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation was to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. It notes the Government’s information that ECPAT, and the NGO “La Strada-Ukraine” are implementing the Project on the “Development of the national system of assistance for child victims of trafficking and sexual exploitation”. The project is designed to elaborate the national and international framework of assistance for child victims of trafficking and commercial sexual exploitation. In 2005, ECPAT also started to introduce measures to prevent the use of children for the production of pornographic material. The Committee requests the Government to provide further information on the implementation of the ECPAT/La Strada-Ukraine Project “Development of the national system of assistance for child victims of trafficking and sexual exploitation” as well as the results achieved with regard to combating the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. 1. Child trafficking. The Committee had previously noted that the MIA of Ukraine prepared multilateral and bilateral agreements to promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking, with the Czech Republic, France, Hungary, Israel, Poland, Romania, Republic of Moldova, Sweden, Turkey, United Kingdom and the former Yugoslav Republic of Macedonia. It notes the Government’s information that the MIA ensures a constant exchange of information with the police in these countries concerning criminal groups and individuals involved in trafficking Ukrainian citizens, including minors, abroad for sexual or labour exploitation. As a result of the cooperation with these countries, the following results have been obtained:

(a)   between 2005 and 2006, 96 instances of Ukrainian women being trafficked to Turkey were identified, 71 Ukrainian women who were in a situation of sexual slavery in Turkey were returned to Ukraine, and six organized groups involved in trafficking of Ukrainian women to Turkey were dismantled;

(b)   in September 2005, as a result of joint action with Scotland Yard, the Ukrainian police arrested the members of a group with international connections involved in the sale and trafficking of young Ukrainian women for sexual exploitation in the United Kingdom;

(c)   in 2005, a network which sold and trafficked women to Bulgaria and Greece was dismantled and offenders prosecuted; and

(d)   a regional cooperation project to dismantle the international human trafficking networks with the law enforcement agencies of the Czech Republic was approved.

The Committee notes with interest the Government’s information that, taking into account the transnational nature of trafficking and the commercial sexual exploitation of children, Ukraine has established cooperation with Interpol, Europol, the Regional Centre of the South-East Cooperation Initiative for Cooperation against Transnational Crime (SECI), as well as international organizations and law enforcement agencies of other countries. The Committee requests the Government to continue to provide information on the impact of the international cooperation measures on the elimination of the trafficking of young persons under 18 for labour or sexual exploitation.

2. Commercial sexual exploitation of children. The Committee notes with interest that Ukraine cooperated at the international level to prevent and combat child pornography. Measures taken in this regard include:

(a)   bilateral cooperation with the United States to study advanced methods of documenting criminal activities related to the production and dissemination of child pornography through the Internet;

(b)   obtaining access to the Interpol database containing photos of child victims of commercial sexual exploitation, and to the International Registration Centre database containing data on missing children subject to exploitation; and

(c)   collecting a database, in cooperation with Interpol on 400 persons convicted in foreign countries for sex crimes committed against minors.

As a result of information exchange with the police of other countries, it was possible to conduct various cases regarding child pornography production and distribution, and prosecute the offenders.

The Committee is also addressing a request directly to the Government concerning other points.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Forced or compulsory labour. The Committee had previously noted that by virtue of article 43 of the Constitution, the use of forced labour is prohibited. It also notes that section 150 of the Penal Code prohibits the illegal exploitation of child labour. Referring to its comments under the Forced Labour Convention, 1930 (No. 29), the Committee further notes that sections 172 and 173 of the Penal Code impose various sanctions for serious violations of labour legislation; such violations, according to the Government, may also cover cases of the illegal exactions of forced or compulsory labour. The Committee takes due note of this information.

2. Corrective labour colonies. The Committee had previously requested the Government to provide information on the rules governing the work performed by children under 18 years of age in corrective "labour colonies" and their application in practice. The Committee notes the Government’s information that in Ukraine there are 11 schools for the social rehabilitation of juvenile offenders aged 11-14, where 575 juveniles study, and three professional technical schools for juvenile offenders aged 14-18, where 435 juveniles study. It also notes the Government’s indication that more than 20,000 juveniles are convicted by courts every year, 10 per cent of whom are sentenced to deprivation of liberty.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 304 of the Penal Code prohibits engaging minors in criminal activity, drinking alcohol, begging or gambling. It had requested the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as defined in the relevant international treaties. The Committee notes that section 307 of the Penal Code prohibits the illegal production, making, purchasing, storage, transportation, sending or sale of narcotics, psychotropic substances or their analogues. Subsections (2) and (3) provide for a higher penalty when this offence is committed by engaging a minor and a young child. The Committee also notes that section 317 of the Penal Code prohibits organizing or running a place for the illegal use, production or making of narcotics, psychotropic substances or their analogues. Subsection (2) provides for a higher penalty when this offence is committed by engaging a minor. The Committee asks the Government to indicate the definition of the terms "minor" and "young child" for the purpose of these provisions of the Penal Code.

Article 3(d). Hazardous work. Self-employed workers. The Committee had previously noted that section 190 of the Labour Code prohibits the employment of persons under the age of 18 years in heavy duties, work with harmful or dangerous working conditions, work related to lifting and carrying things the weight of which exceeds the limits established for these persons, as well as in underground work. Noting that the scope of application of the Labour Code does not seem to cover self-employed persons, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years of age from work which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s indication that it is taking measures to identify and to eliminate cases of self-employment in hazardous types of work by children under the age of 18. The Committee requests the Government to provide more detailed information on the measures taken in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of work determined as hazardous exist. The Committee notes the Government’s information that labour inspectors and other monitoring authorities carry out regular inspections of enterprises employing minors. For instance, inspections of 883 enterprises carried out in November 2004 identified 413 cases of employment of minors in hazardous types of work, which represented 17.9 per cent of all minors employed. Most of such cases were registered in Poltavskaya, Chernovitskaya and Zhitomirskaya oblasts. These inspections also identified 186 cases of night and overtime work of persons under the age of 18. Administrative sanctions were imposed and practical assistance was offered to the specialists of these enterprises on the questions concerning the application of labour legislation.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s information on guardianship bodies, units in charge of minors’ affairs, juvenile social services centres, the Ukrainian General Prosecutor and other prosecutors. It had also noted information on the national department for the supervision of the implementation of labour legislation, created by Order No. 1351 of 30 August 2000, and the inter-ministerial committee for issues relating to child protection, created by Order No. 1200 of 3 August 2000. The Committee had requested the Government to provide information on the functioning of the abovementioned mechanisms. The Committee notes the information in the Government’s report on the powers of guardianship bodies, units in charge of minors’ affairs, juvenile social services, Ministry for Family and Youth Affairs as well as other bodies of social protection of minors. It also notes the Government’s detailed information on the functioning of the national department for the supervision of the implementation of labour legislation, including statistics on the labour inspections undertaken. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee notes that sections 149, 150, 172, 173, 301, 302, 303, 304, 307 and 317 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale and trafficking in persons including minors for the purposes of sexual and labour exploitation; illegal exploitation of child labour; serious violations of labour legislation; compelling minors to participate in the production of pornography; compelling minors to engage in prostitution; engaging minors in criminal activity or begging; and involving a minor in drug-related crimes. The Committee requests the Government to provide information on the application of these penalties in practice.

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 that, according to article 53 of the Constitution, everyone has the right to education and complete general secondary education is compulsory. The Committee also notes that, pursuant to section 35 of the Law on Education, the State ensures free and compulsory complete general secondary education. Section 36 of this Law further states that complete general secondary education consists of three stages and starts at the age of 6 or 7 years. The Committee further notes the Government’s indication that complete general secondary education lasts for 12 years. However, the Committee notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 60) was concerned at the increase of dropout rates in secondary and vocational education and at regional disparities in the number of educational establishments with rural areas being at a particular disadvantage. The Committee also notes the Government’s information that in 2004 units in charge of minors’ affairs and other competent authorities found that out of 50,500 children from economically and socially disadvantaged families, 16 per cent of these children did not attend school and 27 per cent were vagabonds. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to ensure that children attend school regularly and reduce school dropout rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes the Government’s information that in the framework of the implementation of the ILO/IPEC programme in 2003, models of identification and removal of children from the worst forms of child labour, their rehabilitation and return to school were tested in four regions of Ukraine. Short programmes of vocational training were elaborated for minors who have not completed general secondary education. A booklet for schoolchildren on the rights of the child in the area of labour was published. The Government also indicates that the Ministry of Education and Science approved in 2002, an educational strategy to combat the worst forms of child labour. The Committee requests the Government to continue to provide information on effective and time-bound measures taken for the removal of children from the worst forms of child labour and for their rehabilitation and social integration as well as for ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 68) was extremely concerned at the increasing number of street children and the vulnerability of these children to, inter alia, sexual abuse, violence, exploitation, lack of access to education, sexually transmitted diseases, HIV/AIDS and malnutrition. The Committee also notes the Government’s information that a survey on street children was carried out in Ukraine, which showed that these children were, in most cases, from economically and socially disadvantaged families. The Committee requests the Government to provide information on the effective and time-bound measures taken to address the situation of street children and to protect these children from labour and sexual exploitation. It also asks the Government to provide more detailed information on the results of the survey on street children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions applied. In so far as possible, the information provided should be disaggregated by gender.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the communication of the Confederation of the Free Trade Unions of Ukraine (KSPU) for the period from 31 May 2004 to 31 May 2005 received with the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the communication of the KSPU, there are reported cases of children being sold into slavery abroad. The Committee also notes that, according to the ILO/IPEC publication entitled "Child trafficking - the people involved. A synthesis of findings from Albania, Moldova, Romania and Ukraine", 2005 (pages 14-15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Ukraine has a history of large-scale irregular migration through the country since the disintegration of the Soviet Union and the liberalization of procedures governing entry and exit. The number of people crossing the undemarcated borders has increased significantly. The publication further states that, according to a survey conducted in Ukraine, the children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee further notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation.

The Committee observes that section 149 of the Penal 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, use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are, in practice, prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibition on the sale and trafficking of children.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the communication from the Federation of Trade Unions of Ukraine (FTUU), dated 23 August 2002, to the effect that there were cases of the use of children for prostitution or pornography in Ukraine and that this not only concerned young people of 15 years of age, but also children of 10 years of age. The Committee also notes that, according to the more recent communication of the KSPU, children in Ukraine are involved in the worst forms of child labour and, in particular, in prostitution, pornographic activities and the sex industry. The Committee further notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the growing involvement of children in the sex industry.

The Committee observes that section 301 of the Penal Code punishes persons who import, make, transport, sell or distribute pornographic images or other items or compel others to participate in their making. Subsection (3) provides for a higher penalty for compelling minors to participate in the making of pornographic works, images, motion pictures, video films or computer programmes. The Committee also observes that section 302 of the Penal Code prohibits creating or running brothels and trading in prostitution. Subsection (3) provides for a higher penalty for engaging a minor in such activities. The Committee further notes that section 303(3) of the Penal Code makes it an offence to compel minors to engage in prostitution.

The Committee observes that although the national legislation prohibits the commercial sexual exploitation of children, it remains an issue of concern in practice. The Committee expresses its concern over the growing involvement of children under the age of 18 in commercial sexual exploitation in Ukraine. It reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography or for pornographic performances. It also asks the Government to take the necessary measures to ensure that persons who use, procure or offer children for prostitution and pornography are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee asks the Government to provide information on progress made in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. ILO/IPEC programme on child trafficking. The Committee had previously noted the regional programme with ILO/IPEC launched in 2002 relating to child trafficking in the Balkans and Ukraine entitled "Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine". This programme comprises two phases. Phase I concerns the identification of a strategy for concerted action through a situation analysis of existing responses in selected geographical areas. During this first phase, assessment surveys were conducted by national research organizations in four target countries, namely the Republic of Moldova, Romania, Ukraine and Albania. Phase II concerns the implementation of a comprehensive programme to combat the trafficking of children in the Balkan region and Ukraine particularly through preventive and reintegration measures. The Committee notes the Government’s information that during Phase II, a national seminar was organized in May 2004 on the strategic planning of the implementation of the programme in Ukraine. As a result of this seminar, the expected outcome of the programme and the means of providing assistance to child victims of trafficking were defined. Moreover, two regions (Hersonskaya and Donetskaya oblasts) decided to carry out pilot projects in 2005-06 aimed at creating and testing mechanisms to monitor the worst forms of child labour, including the sale and trafficking in children. The Committee requests the Government to continue providing information on the concrete measures taken to implement Phase II of the ILO/IPEC regional programme on child trafficking, as well as their impact in terms of providing for the rehabilitation and social integration of child victims of trafficking.

2. Programme to combat the commercial sexual exploitation of children. The Committee notes the Government’s information that in July 2004 Ukraine signed an agreement of cooperation with ECPAT International ("End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes") on questions relating to the protection of children from commercial sexual exploitation. The purpose of the cooperation is to implement a national programme which is aimed at combating the commercial sexual exploitation of children and strengthening government structures and NGOs in this area. The Committee requests the Government to provide information on the implementation of this national programme as well as the results achieved with regard to combating the commercial sexual exploitation of children.

Article 8. International cooperation and assistance. The Committee notes that, according to the ILO/IPEC publication entitled "Child trafficking - the people involved. A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine", 2005 (page 64), the Ministry of Internal Affairs of Ukraine has prepared 14 intergovernmental agreements on cooperation against organized crime that regulate, among other things, trafficking in persons. These include agreements with Turkey, Israel, Poland, Hungary, France, Sweden, Romania and Republic of Moldova. In 1998 and 1999 such agreements were signed with the United Kingdom, the former Yugoslav Republic of Macedonia and the Czech Republic. These multilateral and bilateral agreements promote the cooperation of law enforcement bodies in countering human trafficking, especially child trafficking. The Committee requests the Government to provide information on the impact of the above agreements on eliminating the trafficking of young persons under 18 for labour or sexual exploitation.

The Committee is also addressing a request directly to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the first and second reports of the Government and requests it to supply further information on the following points.

Article 2 of the Convention. Definition of a child. The Committee notes that according to section 1 of Act No. 2402-III on the Protection of Children, a "child" is defined as a person under the age of 18 years, unless majority is attained by virtue of a relevant legislation. It also notes that section 1 of the Act on promotion of the social advancement and development of young people, 1993, defines "minor" as a citizen under the age of 18 years. Moreover, section 190 of the Labour Code prohibits the employment of persons under 18 in heavy duties, work with harmful or dangerous working conditions, as well as in underground work. The Committee requests the Government to indicate the definition of the term "minor" provided by the Penal Code.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that by virtue of article 43 of the Constitution, the use of forced labour is prohibited. The Committee requests the Government to indicate whether the national legislation prohibits specifically the use of forced and compulsory labour of children.

2. Sale and trafficking of children. The Committee notes that section 149 of the Penal Code provides that: (1) the sale or any other paid traffic of a person, as well as any illicit agreement concerning him/her, implying legal or illegal traffic with or without his/her consent across the borders of Ukraine, to sell or transmit him/her to another person(s) for the purpose of sexual exploitation, exploitation in the pornographic industry, to involve him/her in criminal activities, to push him/her in debt bondage, to adopt him/her for lucrative purposes, to use him/her in armed conflict or to exploit his/her work, are punishable by 3-8 years of imprisonment; and that (2) the same act committed on minors, repeatedly, by previous agreement among a group of persons, or committed by someone on whom the victim was dependent (materially or otherwise), is punishable by imprisonment of 5-12 years and the confiscation of property. The Committee observes that section 149 of the Penal Code provides for sanctions rather than explicitly prohibits the sale and trafficking of children. Accordingly, it requests the Government to indicate whether the national legislation prohibits the sale and trafficking of children under 18 years.

3. Forced recruitment of children for use in armed conflict. The Committee notes that section 30 of Act No. 2402-III on the Protection of Children prohibits the participation of children under 18 in military activities. It also notes that in its report to the Committee on the Rights of the Child (CRC/C/70/Add.11, paragraph 99) in May 2001, the Government indicated that under the Act on universal conscription and military service, only voluntary enlistment in the armed forces (under contract) is possible for persons aged 17-21 who meet the requirements for military service, including persons who attain their seventeenth birthday in the year of their enlistment.

4. Corrective labour colonies. The Committee notes that in its report to the Committee on the Rights of the Child (CRC/C/70/Add.11, paragraphs 754-755, 773-774 and 777) in May 2001, the Government included extensive information on juvenile justice as well as on corrective "labour colonies". In the period 1993-97, an average of 3,600 juveniles were serving sentences in the 11 correctional labour colonies run by the State Department for Enforcement of Sentences, together with 30,500 juveniles held to be criminally responsible and convicted of criminal offences. The Government indicated that the treatment of persons taken into custody must be commensurate with the seriousness and nature of the offence. No measure may be used which causes them physical or moral suffering or impairs their human dignity. The use of physical coercion, special measures and firearms in dealing with juveniles is prohibited, except in the event of a group attack which threatens the lives or health of the personnel or of other persons of a place of pre-trial detention, or in the event of armed resistance. Juveniles aged 14 and older sentenced to deprivation of liberty serve their sentence in a correctional labour colony of the Ministry of Internal Affairs. The Government also indicated that these colonies are supervised by the State Department for Enforcement of Sentences. Agencies of the Procurator’s Office are responsible for the supervision of compliance with the rules and application of the law on general education and vocational social rehabilitation schools in accordance with the Act on the Procurator’s Office.

The Committee observes that the information provided by the Government in its report to the Committee on the Rights of the Child does not clearly distinguish between children in pre-trial detention and those convicted of offences, especially as to whether labour can be imposed on children in corrective "labour colonies" only after conviction in a court of law. The Committee reminds the Government that Article 2, paragraph 1, of Convention No. 29 provides that the term "forced or compulsory labour" shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself/herself voluntarily. It also reminds the Government that paragraph 2 of Article 2 of Convention No. 29 allows an exception to the general definition only for any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to provide further information on the rules governing the work performed by children under 18 years of age in corrective "labour colonies" and their application in practice.

Clause (b). The use, procuring or offering of a child for prostitution or pornography. The Committee notes that section 149 of the Penal Code applies for the purpose of sexual exploitation and exploitation in the pornographic industry. It also notes that section 301 of the Penal Code provides that: (1) importation into the Ukraine of the works, images or other items of a pornographic nature for sale or distribution or their production, or transportation or compulsion to participate in their manufacturing is punishable by fines or imprisonment; (2) the same action committed in respect of cinematographic and video production computer programmes of a pornographic nature and also sale to minors or distribution among them, of works, images and other items of a pornographic nature is punishable by fines or imprisonment; and (3) the actions provided by subsections (1) and (2) of this provision, if those are committed repeatedly or due to prior collusion by a group of persons and also through the compulsion of minors to participate in the creation of works, images or cinema and video production, computer programmes of a pornographic nature, is punishable by imprisonment for a term of 3-7 years. Moreover, section 302 provides that: (1) the creation or keeping of dens and also the procuring of persons for prostitution is punishable by fines or deprivation of liberty for up to 2 years; (2) the same action, committed for making money or by a person who has convictions prior to this crime or committed by an organized group is punishable by deprivation of liberty for five years or by imprisonment for the same period; and (3) the action described under subsections (1) and (2) of this provision committed with the involvement of minors is punishable by deprivation of liberty for a term of 2-7 years. The Committee observes that the sections of the Penal Code mentioned above provide for sanctions rather than explicitly prohibit the sexual exploitation of children under 18 years of age. The Committee requests the Government to indicate whether the national legislation prohibits the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. In its reports, the Government indicates that various actions have been taken in Ukraine to prevent the expansion of the use of drugs among children at school. The Government also indicates that up to 5,000 children consume drugs. The Government’s report adds that acts such as inducing minors into criminal activities, drunkenness, begging, gambling, and the illegal introduction of drugs, or psychotropic substances, are liable to penal responsibility according to sections 303, 304, 307, 309, 314, 315, 317, 323 and 324 of the Penal Code. Among these provisions, section 304 stipulates the deprivation of liberty of up to five years or imprisonment for the same period for drawing a minor to criminal activities, drunkenness, begging or gambling. While noting the information provided by the Government in its reports, the Committee recalls that by virtue of Article 3(c) of the Convention 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 is considered as one of the worst forms of child labour, rather than the offences relating to the illicit activities themselves. It also reminds the Government that according to Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of 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, in conformity with Article 3(c) of the Convention.

Clause (d). Hazardous work. The Committee notes that section 190 of the Labour Code provides that it shall not be permitted to employ persons who are under the age of 18 years in heavy duties, work with harmful or dangerous working conditions, to lift and carry things the weight of which exceeds the limits established for these persons, as well as in underground work. According to that provision, the list of heavy duties, work with harmful and dangerous working conditions, as well as the limits for lifting and carrying heavy things by persons who are under the age of 18 years shall be approved by the Ministry of Health of Ukraine, in agreement with the State Labour Protection Supervision Committee of Ukraine. The Committee however notes that the scope of application of the Labour Code, or the Workers’ Protection Act does not seem to cover self-employed persons, while section 1(4) of Act No. 803 on the Employment of the Population, 1 March 1991, includes as part of the "employed population", self-employed persons. The Committee requests the Government to provide information on the scope of application of the Labour Code and the Workers’ Protection Act. If self-employed children are excluded from their scope of application, the Committee requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years of age from work which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes that Order No. 46 of the Minister of Health Protection, of 31 March 1994, establishes the list of heavy work and work in harmful or dangerous conditions prohibited for children under 18. The Committee also notes that Order No. 59 of the Minister of Health, of 22 March 1996, sets forth weight limits for the lifting and moving of heavy objects by minors. Moreover, by virtue of section 55 of the Labour Code, night work is prohibited for different categories of workers including persons less than 18 years and section 192 of the Labour Code provides that it shall not be permitted to employ persons under the age of 18 years on night work. The Committee requests the Government to indicate the consultations which have been held with employers’ and workers’ organizations in accordance with the provisions of Article 4, paragraph 1, of the Convention.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It also notes that in its report to the Committee on the Rights of the Child (CRC/C/70/Add.11, paragraph 823) in May 2001, the Government indicated that despite the existence of a regulatory framework some business managers continue to use child labour in work in harmful or dangerous conditions. A total of 1,813 children have been found assigned to such work. The Committee requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where these types of work exist and to communicate the results.

Paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes that the list of the types of dangerous work so determined by section 190 of the Labour Code and Order No. 46 of the Minister of Health Protection, 31 March 1994, was adopted before the ratification of the Convention. It draws the Government’s attention to Article 4, paragraph 3,of the Convention according to which the list of the types of hazardous work so determined by section 190 of the Labour Code and Order No. 46 of the Minister of Health Protection, 31 March 1994, shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken or envisaged to review as necessary the list of hazardous work so determined, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its reports, the Government indicates that the State, through guardianship bodies, units in charge of minors’ affairs, juvenile social services centres, and according to laws, provides children and persons who take care of them with the necessary help to prevent and discover cases of mistreatment of children, to pass information on these cases for their examination by the competent bodies to make the necessary inquiries and take measures to stop violence. The Government also indicates that according to section 1 of the Act on bodies and services in charge of affairs relating to minors and on the specialized minors’ institutions, 1995 (amended on 8 July 1999), one of the main tasks of the bodies and units in charge of minors’ affairs is to establish a supervision of the application of legislation concerning minors’ work in enterprises, institutions and organizations whatever their ownership. Moreover, the Government indicates in its reports that the supervision of the application of labour law is carried out by the Ukrainian General Prosecutor and other prosecutors and is also covered by Cabinet Order No. 1351 of 30 August 2000, creating within the Ministry of Employment and Social Policy, a national department for the supervision of the implementation of labour legislation; Cabinet Order No. 1771 of 29 November 2000, concerning the national department for the supervision of the implementation of labour legislation, which among other things carries out inspections in enterprises who employ workers, and in particular minors; and Cabinet Order No. 1200 of 3 August 2000, which created the inter-ministerial committee for issues relating to child protection.

While noting the information provided by the Government in its reports, the Committee observes that none of the mechanisms to monitor the implementation of the national provisions on child labour indicated above are specifically about the elimination of the worst forms of child labour. The Committee requests the Government to provide information on the functioning of the mechanisms monitoring the implementation of the provisions giving effect to this Convention, including any extracts of reports and documents. It also asks the Government to report on the consultations held with employers’ and workers’ organizations, in accordance with Article 5 of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the regional programme with IPEC which was launched in 2002 relating to child trafficking in the Balkans and Ukraine entitled Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine. This programme comprises two phases. Phase I concerns the identification of a strategy for concerted action through a situation analysis of existing responses in selected geographical areas. During this first phase, assessment surveys were conducted by national research organizations in four target countries, namely the Republic of Moldova, Romania, Ukraine and Albania. Moreover, partner institutions that will implement action programmes during Phase II will be identified. Phase II concerns the implementation of a comprehensive programme to combat trafficking of children in the Balkan region and Ukraine particularly through preventive and reintegration measures. The Committee notes that IPEC identified three types of pulling/pushing factors: (1) demand in the sex trade, existence of trafficking rings; (2) inadequate or insufficient legislation on child and youth trafficking, including a definition of an offence in law and common standards for penalties, which offers free play to criminal organizations; and (3) persecution of ethnic minorities, lack of education and employment opportunities and poor social protection systems. It requests the Government to provide information on the implementation of this regional programme as well as results achieved with regard to combating and eliminating the trafficking of children for labour and sexual exploitation.

The Committee also notes that another regional programme, namely Combating child labour in selected stability pact countries: Regional programme with a focus on the worst forms of child labour,should start shortly for a duration of four years to assist governments and other IPEC partner institutions to strengthen their capacity to apply Convention No. 182. This programme will focus on building institutional and technical capacity to address the worst forms of child labour. The Committee requests the Government to provide information on developments concerning this programme.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that the Government has provided no information on consultations held with employers’ and workers’ organizations for the design and implementation of the programmes of action. It requests the Government to indicate the consultations, which have been held with employers’ and workers’ organizations in accordance with the provisions of paragraph 2, Article 6, of the Convention and if the views of other concerned groups have been taken into consideration.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that penalties provided by labour legislation are not specifically relating to the worst forms of child labour and the amount of possible fines appears to be quite low. It asks the Government to provide information on the legislative texts concerning sanctions applicable to the worst forms of child labour, including the amount of fines and their actual application.

Paragraph 2. Effective and time-bound measures. The Committee notes that in its reports, the Government refers to various measures especially those carried out with ILO/IPEC assistance, and also to its own policies and initiatives concerning children and youth. It observes however that the information tends to be general rather than focusing specifically on the worst forms of child labour and concrete measures taken against them. There is no detailed description in the report corresponding to the application of clauses (a) to (e) of this provision of the Convention. The Committee reminds the Government that by virtue of Article 7, paragraph 2(a) to (e), of the Convention, effective and time-bound measures shall be taken to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, clauses (a) to (e) of the Convention, 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. Competent authority responsible for the implementation of the Convention. The Committee notes the information provided by the Government in its reports concerning the authorities "in charge of questions relevant to child labour in Ukraine". The Government mentions the following authorities: the Office of the President of Ukraine, Cabinet of Ministers, Committees of the Supreme Councils of Ukraine on Youth Issues, on Labour Questions, and on Health Maternity and Childhood, the Ministry of Labour and Social Policy, Ministries of Health, of Interior, of Education, of Justice, enterprises and trade unions and so on. The Committee notes that many of those authorities appear to deal with child labour questions in general, but none are specifically responsible for the implementation of the provisions relating to the elimination of the worst forms of child labour. It therefore requests the Government to provide information on the methods by which each of the authorities listed in the reports supervise the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation and/or assistance. The Committee notes that section 36 of Act No. 2402-III on the Protection of Children which relates to international cooperation for the protection of minors, stipulates that this cooperation should be in conformity with international law. The Committee also notes that Ukraine is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. The Committee notes that in its concluding observations on the second periodic report of Ukraine (CRC/C/15/Add.191, paragraphs 64-67) in October 2002, the Committee on the Rights of the Child indicated that, while noting the creation of the Ministry of Labour and Social Policy in 1996, which is responsible for monitoring compliance with the labour legislation, particularly in respect of children, it remained concerned about the inadequate enforcement of the Ukrainian Labour Code, in particular with regard to hazardous and forced labour, and that a large number of children are reported to be working, particularly in the informal sector. It also expressed its concern about the growing involvement of children in the sex industry; the non-implementation of the national plan of action to prevent trafficking in women and children; the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation, and the lack of a clearly defined minimum age of sexual consent. In its concluding observations, the Committee on the Rights of the Child recommended that the Government undertake a national survey on the causes and extent of child labour with a view to adopting and implementing a national plan of action to prevent and combat child labour; continue efforts to protect all children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental or social development. It also recommended that the Government take action to combat child trafficking, child prostitution and other forms of sexual exploitation of children; implement the national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; continue and strengthen its efforts to combat trafficking of women and children, including through the new national plan of action to prevent trafficking in women and children, and ensure that this programme is provided with sufficient resources to guarantee its effective implementation; establish recovery and social reintegration programmes for child victims. The Committee requests the Government to communicate information on the manner in which it will resolve the difficulties indicated above in practice. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine, including 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.

The Committee notes that in its second periodical report to the Committee on the Rights of the Child (CRC/C/70/Add.11, paragraphs 73 and 818-820) in May 2001, the Government indicated that the state of compliance with the child labour legislation is currently being studied by the State Labour Inspectorate in conjunction with the Ministry of Education and the Ministry of Family and Youth Affairs. The findings of this study will appear in a report of the Cabinet of Ministers. The Government also declared that the central authorities produce annual reports to the President on the situation of children in Ukraine. The reports for 1996 and 1997, which constitute a detailed analysis of the basic indicators of the situation of children, contain radical recommendations for its improvement, as well as reflecting the progress made in the implementation of the national programme "Children of Ukraine". The Committee requests the Government to provide a copy of the report - referred to by the Government in its second periodical report to the Committee on the Rights of the Child in May 2001 - of the Cabinet of Ministers relating to the state of compliance with child labour legislation studied by the State Labour Inspectorate in conjunction with the Ministry of Education and the Ministry of Family and Youth Affairs.

The Committee requests the Government to provide copies of the following texts:

-  Code of laws on administrative violations, as amended on 7 December 1984;

-  Act on the prevention of violence in the family, 2001;

-  Act on bodies and services in charge of affairs relating to minors and on the specialized minors’ institutions, 1995 (as amended up to 8 July 1999);

-  Act on universal conscription and military service;

-  Decree No. 1376 of the President of Ukraine on polyvalent programmes for the prevention of criminality for the period 2001-05;

-  Decree No. 113 of the President of Ukraine on supplementary measures of prevention of child vagrancy;

-  Decree No. 42 of the President of Ukraine on supplementary measures to be taken to guarantee the realization of the national programme "Children of Ukraine" until 2005;

-  Cabinet Order No. 1351 of 30 August 2000 creating within the Ministry of Employment and Social Policy a national department for the supervision of the implementation of labour legislation;

-  Order No. 59 of the Minister of Health relating to weight limits for the lifting and moving of heavy objects by minors, 22 March 1996;

-  Order No. 1200 on the creation of interdepartmental committee for issues relating to child protection, 3 August 2000;

-  Penal Procedure Code (submitted to the Ukrainian Parliament on 23 June 2001).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the communication dated 23 August 2002 from the Trade Union Federation of Ukraine containing comments on the application of the Convention. A copy of the communication was forwarded to the Government on 26 October 2002 for any comments it might wish to make on the matters raised therein.

The Trade Union Federation of Ukraine indicates that child labour is an increasingly frequent problem and that there are child workers under the age of 15 in the Ukraine. In most cases, the children work above all in the informal sector, where labour relations are non-existent and the Government has virtually no control over working conditions. The Trade Union Federation of Ukraine also indicate that there are cases of the use of children for prostitution or pornography in Ukraine and, that this not only concerns young people of 15 years of age but also children of 10 years of age.

The Committee requests the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee is raising other points in a request addressed directly to the Government.

The Committee is raising other points in a request addressed directly to the Government.