Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Croatie (Ratification: 2001)

Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s information in its report that section 173 of the Criminal Act No. 110 of 1997, as amended, has been replaced by sections 190 and 191 of the new Criminal Act No. 125/11, as amended. The Committee notes that according to section 190(3) of the new Criminal Act, whoever uses a child (under the age of 18 years) to commit the offences related to the manufacturing, processing, transporting, importing or exporting, procuring or possessing any narcotic drugs or substances shall be punished with imprisonment for a term of between three and 15 years. The Committee also notes from the Government’s report that in 2014 and 2015, there were 16 cases registered under these sections that were committed against children. The Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offences committed under section 190(3) of the Criminal Act related to the use of children under the age of 18 years for the production and trafficking of drugs, including for the 16 cases registered in 2014.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the detailed information provided by the Government with regard to the various training sessions, workshops and courses provided to the various law enforcement bodies and government officials within the framework of the third National Action Plan to Combat Trafficking in Human Beings 2012–15. These training sessions which aimed to improve the investigation and prosecution of trafficking cases, the detection and identification of victims and potential victims of trafficking as well as the rights of the victims of trafficking, including compensation, was attended by a total of approximately 205 police officers, 552 border guards, 100 judges and prosecutors, 27 officials from the Croatian Employment Service, 16 members from the mobile team to identify and provide assistance to victims of trafficking, ten county coordinators, five labour inspectors and several other NGOs. The Committee also notes that within the international campaign entitled “Two Little Girls”, several activities were conducted on educating girls on the problem of human trafficking and how to recognize potentially dangerous situations. The Committee further notes the Government’s information that a National Strategy for Children’s Rights 2014–20 was adopted within which a special area on trafficking of children is defined, which focuses on a series of awareness-raising measures on the issue of child trafficking as well as promotion of cross-sectoral cooperation at the national level with a view to eliminating trafficking of children. The Committee requests the Government to provide information on the specific measures taken within the framework of the National Strategy 2014–20 to combat the trafficking of children and the results achieved.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Roma children. Following its previous comments, the Committee notes the Government’s information that considerable improvement has been achieved in designing, implementing, monitoring and evaluating both the mainstream and targeted measures to integrate Roma, particularly in the area of education. According to the Ministry of Science and Education, 1,026 Roma children were included in preschool education and programmes in 2015–16 as compared to 873 children in the 2014–15 school year. A total of 30 preschool programmes reaching out to Roma children were implemented in 2014. The Committee also notes the Government’s information that the Ministry of Science and Education provides scholarships for all regular Roma secondary school students amounting to €650 per year. In this regard, the Committee notes an increase in the number of Roma pupils in secondary education from 682 students in 2014–15 to 746 students in 2015–16. Moreover, according to the Government’s report, in 2014 a total of 198 Roma students were involved in vocational training information sessions and 151 students participated in the activities of vocational counselling.

The Committee also notes the Government’s information that within the EU funded IPA (Instrument for Pre-Accession) 2012 “Strengthening the capacity of civil society organizations to ensure the effective implementation of EU standards in the realization of human rights”, the Roma Women Association with partners from elementary school is implementing a project entitled “Through education to realization of human rights” which aims to promote equal opportunities in access to education for children of preschool and school age and at developing cooperation between associations, schools and parents in the integration of Roma children in the education system. The Committee finally notes from the Government’s report that there has been a continuous increase in the resources allocated for the implementation of the National Roma Inclusion Strategy 2013–20. The Committee requests the Government to continue its efforts to increase the school enrolment rates and reduce school drop-out rates, particularly at the primary level, of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue to provide information on the concrete measures taken in this regard and the results achieved.

Article 7(2)(b). Direct 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 from the Government’s report that three Protocols were adopted by the Government in its efforts to identify and provide assistance to victims of trafficking, namely: Protocol on Identification and Assistance to Victims of Trafficking in Human Beings (2008 as amended in 2010); Protocol on Voluntary Repatriation (2009); and Protocol on Integration/Reintegration of Victims of Trafficking in Human Beings (2011). It also notes that the National Committee for Combating Trafficking in Human Beings (National Committee) consists of an operational team which ensures day-to-day coordination between stakeholders in handling trafficking cases, including assistance to victims. In addition, two coordinators have been appointed to deal with cases of possible victims of trafficking by overseeing their referral and assistance, one from the Ministry of Social Policy and Youth to deal with child victims, and the other from the Croatian Red Cross for adult victims. Moreover, four mobile teams operating at the local level in Zagreb, Rijeka, Split and Osijek, cooperate with the local police to identify victims of trafficking and organize their referral to assistance. The Committee also notes that the NGO namely, Organisation for Integrity and Prosperity (OIP), runs the only state-funded shelter for child victims of human trafficking. The Committee further notes the detailed information provided by the Government on the procedures for child victims of trafficking as laid down in the Protocols, including their repatriation. The Committee requests the Government to provide statistical information on the number of child victims of trafficking under the age of 18 who have been identified and provided services and assistance by the various agencies, including the operational team, co-ordinator from the Ministry of Social Policy and Youth, and the four mobile teams at the local level. It also requests the Government to provide information on the number of child victims of trafficking who have been accommodated in the state-run shelter.

Clause (d). Identifying and reaching out to children at special risk. 1. Child beggars. Following its previous comments, the Committee notes the Government’s information that in 2013, the “Oliver Project” was carried out to tackle child begging which has been on the rise in Zagreb, Split, Osijek, Rijeka and Pula. This operation involved police officers specialized in working with child beggars, and staff from social welfare homes and shelters. Investigations were carried out to identify the organizers of forced begging and their modus operandi. According to the data from the Ministry of Interior, in 2016, 103 cases of child beggars were registered; a total number of 24 parents were charged, nine of them for criminal offences, five for misdemeanour for encouraging begging, and ten for neglecting their children. The Committee requests the Government to continue taking effective and time-bound measures to protect child beggars from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to provide information on the number of children who benefited from such measures.

2. Absconding and missing children. The Committee notes the Government’s information concerning instances where traffickers were preying on girls from childcare institutions to lure them into prostitution. It notes the Government’s reference to 834 instances of children gone missing from such institutions in 2014. The Committee also notes from the Government’s report that awareness-raising initiatives on trafficking have been conducted by civil society in such institutions; however further efforts are needed to proactively detect child victims in institutions. The Government further indicates that there is an ongoing process of deinstitutionalization and placing children with foster parents. In this regard, the Committee notes from the Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Croatia, 2016 that, according to the Centre for Missing and Exploited Children, there has been a recent increase in the number of runaway children, 87 per cent of whom are younger than 14 years of age. The GRETA report also indicates that there has been an increase in the number of unaccompanied minors, who disappear from the reception centres for asylum seekers within days of being placed (paragraph 64). The Committee requests the Government to take effective and time-bound measures to protect children in the childcare institutions and asylum centres from falling victims to the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.