Worst Forms of Child Labour Convention, 1999 (No. 182) - Republic of Moldova (RATIFICATION: 2002)

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Article 6 of the Convention. Programmes of action. Trafficking of children.Noting an absence of information in the Government’s report, the Committee reiterates its request to the Government to provide information on the measures taken to combat the trafficking of children within the framework of the National Strategy for Preventing and Combating Trafficking in Human Beings for 2018–23 and its Action Plan, and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes with regret an absence of information in the Government’s report concerning the measures taken to ensure access to free basic education for Roma children. The Committee further notes the 2020 report of the Commissioner for Human Rights of the Council of Europe indicating that while there has been an improvement in the access to education of Roma children in the Republic of Moldova, enrolment rates for Roma children still appear to be lower than for non-Roma children at all stages of education (paragraph 65). Recalling that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to continue its efforts to facilitate the access of Roma children to free, quality basic education. It requests the Government to provide information on the measures taken in this respect and the results achieved, particularly with regard to increasing the school enrolment rates and reducing the school drop-out rates of Roma children. To the extent possible, this information should be disaggregated by age and gender.

Children deprived of parental care. The Committee observes that according to the National Child Protection Programme for 2022–26 adopted by the Government’s Decree No. 347 of 2022, there has been an overall upward trend in the number of children deprived of parental care (in particular, 12,749 children were identified in 2017, 19,768 children in 2018, and 15,403 children in 2019). The Committee also notes, from the 2020 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Republic of Moldova, that most child victims of trafficking have been deprived of parental care (paragraph 13). Noting an absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to protect children left without parental care from the worst forms of child labour.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes the Government’s indication, in its report, that in 2021, 13 prosecutions were initiated under section 206 (trafficking of children) of the Criminal Code, following which 6 indictments were filed in court and 25 persons were sentenced to imprisonment. The Committee also notes that according to the 2020 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Republic of Moldova, an increasing number of trafficking cases concerned children from rural areas communicating via social networks or websites offering job opportunities. The GRETA further indicated challenges in the investigation of such cases due to lack of evidence (para. 199). The Committee requests the Government to continue to take the necessary measures to ensure that all cases of child trafficking are subject to thorough investigations with a view to ensure that perpetrators are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to continue to provide information on the application of section 206 of the Criminal Code in practice, including the number of investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee notes the Government’s indication that in 2021, 22 child victims of trafficking, including 21 girls and 1 boy, were identified. According to the Government, 19 child victims were trafficked within the Republic of Moldova, including for the purposes of labour exploitation (7 child victims) and sexual exploitation (1 child victim). The Government also indicates that the assistance and protection centres for victims of trafficking provided 19 children with assistance services in 2021. In addition, the Public Association International Centre “La Strada” provided various services to child victims of trafficking, including medical and psychological assistance.

The Committee notes the Report on Observance of Child’s Rights in 2021 of the People’s Advocate (Ombudsman) of the Republic of Moldova indicating that a mechanism for intersectoral cooperation in identifying, assessing, referring and assisting child victims and potential victims of violence, neglect, exploitation and trafficking (adopted by the Government’s Decree No. 270 of 2014) is often not applied or is applied defectively in practice (page 52). The Committee further notes that in its 2020 report, the GRETA urged the Moldovan authorities to strengthen their efforts to improve the identification of, and assistance to, child victims, in particular by strengthening the capacity of child protection professionals (para. 205). The GRETA also urged the authorities to ensure that all child victims of trafficking, including children older than 14, are in practice afforded special protection measures (para. 151). The Committee requests the Government to step up its efforts to ensure that all child victims of trafficking are removed from the worst form of child labour and provided with appropriate services for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of child victims of trafficking who have been removed and provided with assistance.

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

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the Committee on the Rights of the Child (CRC)’s indication in its concluding observations of October 2013 that Moldova remains one of the main countries of origin of children trafficked abroad and that the number of such children was continuously growing. The Committee observed the absence of specific data regarding the number of cases of trafficking of children dealt with by the courts. It requested the Government to ensure the effective implementation of section 206 of the Criminal Code prohibiting the trafficking of children.

The Government indicates in its report that in 2017, 48 child victims of trafficking were identified (31 girls and 17 boys), including seven children exploited for begging. During the first semester of 2018, 37 child victims of trafficking were identified (32 girls and 5 boys), including one exploited for begging. The Committee however observes that the Government does not provide any information on the outcome of the identified cases regarding investigations, prosecutions and penal sanctions imposed. It further notes that, in its concluding observations of October 2017, the CRC expressed concern that Moldova remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and at reports of alleged corruption in the judiciary and law enforcement that hinders the successful conviction and sentencing of traffickers (CRC/C/MDA/CO/4-5, paragraph 40). The Committee therefore requests the Government to take all the necessary measures without delay to ensure that thorough investigations and robust prosecutions of offenders are carried out against persons engaged in such acts, including government officials suspected of complicity, and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to provide information in this regard, including the number of offences reported, investigations conducted and penal sanctions imposed.

Article 6. Programmes of action. Trafficking of children. The Committee previously requested the Government to provide information on the concrete measures taken within the framework of the National Action Plan for Preventing and Combating Trafficking in Human Beings 2014–16 and the results achieved.

The Committee notes the Government’s indication that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is the national coordinator of anti-trafficking policies and that it has taken measures to prevent and combat child trafficking, including activities aiming at raising awareness and informing the public about the risks and consequences of trafficking in persons. It further observes that the Government adopted a National Strategy for Preventing and Combating Trafficking in Human Beings for 2018–23 and the 2018–20 Action Plan regarding its implementation. The Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the implementation of the above-mentioned Strategy and its Action Plan and will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee requests the Government to continue to provide information on the measures taken to combat the trafficking of children, including within the framework of the National Strategy for Preventing and Combating Trafficking in Human Beings and its Action Plan and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee previously noted that according to the data from the National Unit for coordination of the National Referral System (NRS), in 2014, 11 child victims (six girls and five boys) and 218 potential child victims of trafficking were provided with protection and assistance. It requested the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking.

The Committee notes the Government’s indication that it has developed a mechanism for intersectoral cooperation in identifying, assessing, referring and assisting child victims and potential victims of violence, neglect, exploitation and trafficking, in which the Ministry of Education, Culture and Research is part. The Committee notes that, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, issued by the Ombudsman in 2018, the People’s Advocate for the Rights of the Child recommends that the Government strengthen the implementation of the intersectoral mechanism, whose role is to identify and protect children at risk, by providing human resources (child rights specialists) and appropriate technical and financial resources. The Committee also notes that the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings recommends that Moldova improve the identification and assistance of child victims of trafficking, including appropriate accommodation and ensuring long-term monitoring of the reintegration of child victims of trafficking. The Committee also notes the CRC’s indication, in its concluding observations of October 2017, that it is concerned about inadequate rehabilitation and reintegration services of victims of trafficking in persons (CRC/C/MDA/CO/4-5, paragraph 40). The Committee requests the Government to take all the necessary steps to ensure that child victims of trafficking are removed from this worst form of child labour and provided with appropriate services for their rehabilitation and social integration. It requests the Government to provide information on the number of child victims of trafficking who have been removed and provided with assistance.

Clause (d). Identifying and reaching out to children at special risk. 1. Roma children. In its previous comments, the Committee noted the various measures taken by the Government to strengthen access to education for Roma children. It noted however from the UNICEF Moldova report of 2014 that many Roma children were still not attending school. In communities that are almost exclusively Roma, only half the number of children attended primary and secondary education, compared to almost 100 per cent of non-Roma children. The Committee thus encouraged the Government to pursue its efforts to increase Roma children’s access to free, basic and quality education and to reduce their school drop-out rates.

The Committee notes the Government’s indication that it has undertaken a number of measures to enhance the participation of Roma children, particularly girls, in education. The Government organized awareness-raising campaigns, provides free school meals and free text books for all children of grades 1 to 4 and for children of grades 5 to 12 from social vulnerable families, provides free transportation to school, and financially supports Roma children at the beginning of every academic year to help pay for school supplies, clothing and shoes. The Committee notes that an Action Plan for preventing and combating school drop-out and absenteeism was approved in 2015. The Government states that Roma children who do not attend school are identified. It indicates that there are currently about 483 Roma children attending school and 95 Roma children attending pre-school programmes.

The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights indicated that the Government adopted an Action Plan for supporting the Roma population for the period 2016-2020 (E.C.12/MDA/CO/3, paragraph 22). The Committee also notes that, according to an article released by the Organization for Security and Co operation in Europe (OSCE), the Memorandum of Understanding signed on 15 November 2018, which is a tool to support the implementation of the National Strategy for Consolidation of Interethnic Relations until 2027, places a specific focus on the national minorities’ right to education. The Committee notes the Report of the Special Rapporteur on minority issues of January 2017, according to which Roma girls are particularly vulnerable to dropping out of school, especially because child marriage exists (A/HRC/34/53/Add.2, paragraph 69). Noting that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to increase access to free basic education for Roma children, with a particular focus on girls. It requests the Government to provide information on the impact of the measures taken by the Government, including the Action Plan for preventing and combating school drop-out and absenteeism and the Action Plan for supporting the Roma population 2016–20, particularly with regard to ensuring completion of education and reducing school drop-out rates.

2. Children deprived of parental care. The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights expressed concern at the deplorable situation of about 100,000 children left behind by their migrant parents, illustrated by high school drop-out rates (E/C.12/MDA/CO/3, paragraph 28). It notes that according to the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, there are frequent cases of children whose parents have left the country for long term without having designated a legal representative of the child, and that children deprived of parental care are weakly protected. The Committee requests the Government to provide information on the measures taken to protect children left without parental care from the worst forms of child labour.

Application of the Convention in practice. The Committee previously noted that 39 violations related to the engagement of young persons in prohibited works were detected by the labour inspectors in 2012. In 2013 and 2014, five and four such violations were detected, respectively. The Committee requested the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour and on the number and nature of infringements reported, investigations, and penalties applied.

The Committee notes the absence of information from the Government on this matter. It notes that the People’s Advocate for the Rights of the Child indicates, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, that child labour is a serious issue in Moldova, which involves children undergoing heavy, dangerous and long-lasting work, trafficking of children, children sexually exploited and children engaged in other illicit activities such as begging and drug trafficking. The Committee requests the Government to take the necessary measures to ensure that children are protected in practice against the worst forms of child labour. It requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the statistical information provided by the Government concerning the number of cases related to trafficking in persons dealt with by the courts. According to this information, in 2014, of the 151 cases of trafficking of persons recorded, involving 238 victims, 42 cases were sent to court and 34 defendants were convicted. Furthermore, during the first half of the year 2015, 82 cases, involving 110 victims of trafficking, were recorded, of which 27 were sent to court and 19 persons convicted. It observes, however, that the Government’s report does not provide specific data on trafficking of children. The Committee further notes from the Government’s report that with regard to trafficking of minors, the main countries of destination include the Russian Federation, Ukraine, Turkey, Kosovo and Italy. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of October 2013 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern that the State party remains one of the main countries of origin of children trafficked abroad and the number of such children is continuously growing. The CRC also expressed concern about the lack of reliable statistics on the number of children trafficked for sexual purposes internationally and domestically (CRC/C/OPSC/MDA/CO/1, paragraph 18). The Committee requests the Government to take the necessary measures to ensure the elimination in practice of the sale and trafficking of children, including through the effective implementation of section 206 of the Criminal Code prohibiting the trafficking of children. It also requests the Government to continue to provide information on the application, in practice, of this section, including the number of violations detected, investigations and prosecutions conducted and penal sanctions applied.

Article 6. Programmes of action. National Action Plan for preventing and combating trafficking in human beings 2014–16 (NAP of 2014–16). The Committee notes from the European Commission document entitled Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Implementation of the European Neighbourhood Policy in 2014 (EU document of 2014) that a new action plan on preventing and combating trafficking in persons was approved by the Government. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP of 2014–16 on combating the trafficking of children and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. Following its previous comments, the Committee notes from the Government’s report that according to the data from the National Unit for coordination of the National Referral System (NRS), in 2013 there were 13 child victims of trafficking (six girls and seven boys) and 545 potential child victims of trafficking, and in 2014 there were 11 child victims (six girls and five boys) and 218 potential child victims of trafficking who were provided with protection and assistance. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to continue to provide information on the number of victims of trafficking under the age of 18 years who have been removed and provided assistance by the NRS.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the various measures taken by the Government to improve school enrolment and reduce school drop-out rates among Roma children as well as social integration programmes. It noted from the Government’s report about the difficulties arising with regard to the statistical information on the number of Roma children subject to compulsory education and at the lack of disaggregated data on the number of Roma pupils. The Committee noted that the Committee on the Elimination of Racial Discrimination in its concluding observations of 6 April 2011 (CERD/C/MDA/CO/8-9, paragraph 15) expressed its concern at the continued marginalization and precarious socio economic situation of members of the Roma community, and the discrimination with which they are faced in the fields of education, health and employment.

The Committee notes the information from the UNICEF Moldova report of 2014 that according to the Ministry of Education, there have been important advances in strengthening inclusive education for Roma children. In 2011, the Programme for the Development of Inclusive Education was adopted which provides for the education of Roma children. In 2011, an action plan to support the Roma population, with a focus on education, health and social services, was also adopted. Community mediators were put in place to facilitate social inclusion and increase Roma children’s access to education and other services. However, this report indicates that despite these achievements, many Roma children are still not attending school. In communities that are almost exclusively Roma, only half the number of children attend primary and secondary education, compared to almost 100 per cent of non-Roma children. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to increase their access to free, basic and quality education and to reduce their school drop out rates so as to prevent them from engaging in the worst forms of child labour. It requests the Government to continue providing information on the concrete measures taken in this regard and the results achieved.

Application of the Convention in practice. The Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, has increased the penalties for the violation of child labour provisions, including the prohibition of hazardous work. Accordingly, the Committee notes that 39 violations related to the engagement of young persons in prohibited works were detected by the labour inspectors in 2012. In 2013 and 2014, five and four such violations were detected, respectively. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, and penalties applied. To the extent possible, the data provided should be disaggregated by age and sex.

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the statistical information provided by the Government concerning the number of cases related to trafficking in persons dealt with by the courts. According to this information, in 2014, of the 151 cases of trafficking of persons recorded, involving 238 victims, 42 cases were sent to court and 34 defendants were convicted. Furthermore, during the first half of the year 2015, 82 cases, involving 110 victims of trafficking, were recorded, of which 27 were sent to court and 19 persons convicted. It observes, however, that the Government’s report does not provide specific data on trafficking of children. The Committee further notes from the Government’s report that with regard to trafficking of minors, the main countries of destination include the Russian Federation, Ukraine, Turkey, Kosovo and Italy. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of October 2013 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern that the State party remains one of the main countries of origin of children trafficked abroad and the number of such children is continuously growing. The CRC also expressed concern about the lack of reliable statistics on the number of children trafficked for sexual purposes internationally and domestically (CRC/C/OPSC/MDA/CO/1, paragraph 18). The Committee requests the Government to take the necessary measures to ensure the elimination in practice of the sale and trafficking of children, including through the effective implementation of section 206 of the Criminal Code prohibiting the trafficking of children. It also requests the Government to continue to provide information on the application, in practice, of this section, including the number of violations detected, investigations and prosecutions conducted and penal sanctions applied.

Article 6. Programmes of action. National Action Plan for preventing and combating trafficking in human beings 2014–16 (NAP of 2014–16). The Committee notes from the European Commission document entitled Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Implementation of the European Neighbourhood Policy in 2014 (EU document of 2014) that a new action plan on preventing and combating trafficking in persons was approved by the Government. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP of 2014–16 on combating the trafficking of children and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. Following its previous comments, the Committee notes from the Government’s report that according to the data from the National Unit for coordination of the National Referral System (NRS), in 2013 there were 13 child victims of trafficking (six girls and seven boys) and 545 potential child victims of trafficking, and in 2014 there were 11 child victims (six girls and five boys) and 218 potential child victims of trafficking who were provided with protection and assistance. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to continue to provide information on the number of victims of trafficking under the age of 18 years who have been removed and provided assistance by the NRS.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the various measures taken by the Government to improve school enrolment and reduce school drop-out rates among Roma children as well as social integration programmes. It noted from the Government’s report about the difficulties arising with regard to the statistical information on the number of Roma children subject to compulsory education and at the lack of disaggregated data on the number of Roma pupils. The Committee noted that the Committee on the Elimination of Racial Discrimination in its concluding observations of 6 April 2011 (CERD/C/MDA/CO/8-9, paragraph 15) expressed its concern at the continued marginalization and precarious socio economic situation of members of the Roma community, and the discrimination with which they are faced in the fields of education, health and employment.

The Committee notes the information from the UNICEF Moldova report of 2014 that according to the Ministry of Education, there have been important advances in strengthening inclusive education for Roma children. In 2011, the Programme for the Development of Inclusive Education was adopted which provides for the education of Roma children. In 2011, an action plan to support the Roma population, with a focus on education, health and social services, was also adopted. Community mediators were put in place to facilitate social inclusion and increase Roma children’s access to education and other services. However, this report indicates that despite these achievements, many Roma children are still not attending school. In communities that are almost exclusively Roma, only half the number of children attend primary and secondary education, compared to almost 100 per cent of non-Roma children. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to increase their access to free, basic and quality education and to reduce their school drop out rates so as to prevent them from engaging in the worst forms of child labour. It requests the Government to continue providing information on the concrete measures taken in this regard and the results achieved.

Application of the Convention in practice. The Committee notes the Government’s information that Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code, has increased the penalties for the violation of child labour provisions, including the prohibition of hazardous work. Accordingly, the Committee notes that 39 violations related to the engagement of young persons in prohibited works were detected by the labour inspectors in 2012. In 2013 and 2014, five and four such violations were detected, respectively. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, and penalties applied. To the extent possible, the data provided should be disaggregated by age and sex.

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Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Children working in the informal economy. The Committee previously noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It also noted that according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, children employed in hazardous work constituted 42.2 per cent of the total number of working children (177,000) and 68.6 per cent of the total number of child labourers (109,000) which represented about 74,700 children. Of this, 85 per cent of children were aged 12 years or older.

The Committee notes the following measures taken by the Government to reduce the involvement of children in illegal work, including in the informal economy:

• -a Working Group was created pursuant to Government Decision No. 477 of 2011 in order to ensure the implementation of an action plan to reduce the practice of the illegal employment of children;
• -a national campaign was carried out on labour inspection in agriculture entitled “Prevention and Combating of undeclared/illegal work and risks related to the use of dangerous equipments and pesticides in agriculture”;
• -a national campaign of labour inspection in the construction sector was held from March to August 2012 in order to prevent and combat the illegal employment of children and violations of labour law on safety and health at work;
• -regular monitoring and inspection activities were undertaken from April to September 2012, in the various sectors, including agriculture with particular attention being given to young persons under 18 years of age;
• -notifications on the possible consequences of employing children in violation of the provisions of labour law were issued to employers by the Child Labour Monitoring Unit of the labour inspectorate;
• -special provisions for the conditions of participation of students and children of school-going age in the field during harvesting have been set up by the Ministry of Education. According to these provisions, children over 15 years of age may be involved in work, which is not considered dangerous to life and health for a maximum of two weeks during the school year with the subsequent recovery of schooling hours. Teachers were required to accompany students and take care of their safety during such work.

The Committee notes, however, from a report available on the website of the United Nations High Commissioner for Refugees (UNHCR) that children continue to be involved in the worst forms of child labour, particularly in hazardous activities in agriculture. While noting the measures taken by the Government, the Committee expresses its concern at the continued prevalence of the worst forms of child labour, particularly hazardous work in agriculture. The Committee therefore requests the Government to redouble its measures to protect children under the age of 18 years from performing hazardous work in the informal economy. It requests the Government to provide information on the measures taken in this regard, including with regard to expanding the reach and strengthening the capacity of the labour inspectorate.

Article 5. Monitoring mechanisms. Centre for Combating Trafficking in Persons (CCTP). The Committee notes the Government’s indication that in 2011, the CCTP established by the Ministry of Internal Affairs, opened 24 cases of child trafficking involving 23 children, including 16 girls and seven boys. Furthermore, during the first half of the year 2012, ten cases of child trafficking involving eight children, including seven girls and one boy were investigated. The main destination countries remain the Russian Federation, Turkey and Italy. The Committee further notes from the Government’s report that according to the data from the Ministry of Justice, during the period from 2010 to 2012 (first half), 17 persons were convicted for the offences related to the trafficking of children. The Committee requests the Government to continue providing information on the number of cases of trafficking of children that have been recorded by the CCTP, as well as the investigations, prosecutions, convictions and sanctions applied.

Article 6. Programmes of action. National Action Plan on preventing and eliminating the Worst forms of Child Labour 2011–15. The Committee notes the Government’s indication that it has approved a National Action Plan on preventing and eliminating the worst forms of child labour (NAP) for 2011–15, elaborated in cooperation with the ILO–IPEC. According to the Government’s report, the NAP includes over forty action plans. The Committee also notes from the Government’s report that within the framework of this NAP (i) a National Steering Committee for the Elimination of Child Labour was established; (ii) six action plans on preventing and eliminating the worst forms of child labour in the districts of Anenii Noi, Edinet, Ocnita, Singerei, Taraclia and Balti were approved; (iii) training programmes on the aspects of the worst forms of child labour was introduced for teachers, school psychologists and social workers; (iv) and community action programmes to prevent children from dropping out of school and to identify and withdraw children from the worst forms of child labour, especially in the rural areas, were introduced. In this regard, children of grades 1 4 were provided with free text books and free food. Transportation to school was provided for children from 16 districts to prevent school drop-outs. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP of 2011–15 on combating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee notes that according to a report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings prepared by the Group of Experts on Action against Trafficking in Human Beings (GRETA, February 2012), the National Referral System for Assistance and Protection of Victims and Potential Victims of Trafficking, which was launched in 2006 in five districts of the country, currently covers the whole territory of Moldova. The Committee notes from the GRETA report that apart from the five shelters which provide accommodation for victims of trafficking in Moldova, a Centre for assistance and protection of victims and potential victims of trafficking in human beings was set up in Chisinau in 2008, and two local centres providing services to victims and potential victims of human trafficking were established in Balti and Cahl in 2010. The assistance measures provided by the shelters and the centres cover physical, psychological and social recovery measures, including accommodation, medical and legal assistance as well as access to schools and vocational training. The Committee also notes from the GRETA report that according to the information provided by the Ministry of Labour, Social Protection and Family, 158 victims and potential victims of trafficking in human beings received assistance in 2008, 159 in 2009 and 139 in 2010. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking. It requests the Government to provide information on the number of victims of trafficking under the age of 18 years who have been removed and provided assistance at the Centres for assistance and protection of victims and potential victims of trafficking in human beings established in Chisinau, Balti and Cahl as well as in the five shelters established in Moldova.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the concerns expressed by the Committee on the Rights of the Child (CRC) in its concluding observations of February 2009 (CRC/C/MDA/CO/3, paragraph 62), that school enrolment rates of Roma children were low at all educational levels and that a significant proportion of Roma children did not attend primary school compared to non-Roma children and that only half of Roma children attended secondary school. The CRC also expressed concern at the limited possibilities for instruction in the Romani language.

The Committee notes the Government’s information that in order to prevent school drop outs among Roma children, the Government has introduced a financial support programme of 300–800 Moldovan leu (MDL), (about US$24–64) for Roma children and provisions for free books and free food from school until ninth grade. It also notes the Government’s information with regard to the introduction of various educational plans as well as social integration programmes in 2011–12 which include: (i) the introduction of a specific subject on the history, culture and traditions of Roma people within the school curriculum; (ii) the appointment of social facilitators from the Roma community at the Mihai Eminescu Lyceum in the district of Hincesti to teach in their native language; and (iii) the teaching in the Roma language of their traditions to a group of pupils from the high school in Mingir, Hincesti district and at the kindergarten in Nisporeni district.

The Committee notes from the Government’s report the difficulties arising with regard to the statistical information on the number of Roma children subject to compulsory education. The Government states that there is no disaggregated data on the number of Roma pupils because in accordance with the European practice, the section “nationality” was excluded from the statistical forms. Moreover, Roma people do not always have a permanent residence and identity documents and the majority of Roma children are registered as Moldovans. The Committee further notes the Government’s information that with regard to the introduction of Roma language as a compulsory subject in the school programme, further research needs to be undertaken to determine its literary standards as the language spoken by Roma people in different localities have different distinguishing features. The Committee notes from the Government’s report that in May 2012, 44 Roma children were enrolled at school. However, during the second half of the year, 105 children dropped-out from school. The Committee notes that the Committee on the Elimination of Racial Discrimination in its concluding observations of 6 April 2011 (CERD/C/MDA/CO/8-9, paragraph 15) expressed its concern at the continued marginalization and precarious socio-economic situation of members of the Roma community, and the discrimination with which they are faced in the fields of education, health and employment. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to increase their quality of education and to reduce their school drop-out rates so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken in this regard and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report, that within the context of the activities to combat the worst forms of child Labour, a total of 177 cases were opened in 2011 for the violations of the provisions of the Penal Code, including section 168 (forced labour, eight cases), section 183 (violation of labour protection, 58 cases), section 206 (trafficking of children, 24 cases), section 208 (instigation of minors into criminal activities, 82 cases) and section 302 (involving minors in begging, two cases). Out of these, 95 cases were brought to justice. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, the data provided shall be disaggregated by age and sex.

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Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that section 255 of the Labour Code prohibits persons under 18 from performing heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, or the trade in alcoholic drinks, tobacco products, narcotic and toxic products). However, the Committee noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It also noted that in 2007, the Government, and the employers’ and worker’s organizations had concluded the Collective Agreement (national level) No. 8 on the elimination of the worst forms of child labour (Collective Agreement), the provisions of which apply to all establishments, regardless of their type of property and legal form of organization (section 7 of the Collective Agreement). The Committee requested the Government to indicate if, pursuant to section 7, the Collective Agreement applies to children who are not under an employment relationship, such as self-employed workers under the age of 18.

The Committee notes that the Government report contains no information on this point. It notes, however, that according to the National Bureau of Statistics Report on Working Children in the Republic of Moldova, 2010, children employed in hazardous work constitute 42.2 per cent of the total number of working children (177,000) and 68.6 per cent of the total number of child labourers (109,000) which represents about 74,700 children. Of this, 85 per cent of children were aged 12 years or older. The Committee expresses its concern at the significant number of children under the age of 18 years involved in hazardous work in the Republic of Moldova. The Committee therefore requests the Government to take immediate and effective measures to ensure the protection of children under the age of 18 years from hazardous work, including in the informal sector. It also requests the Government to provide information on the measures taken in this regard.

Article 5 of the Convention. Monitoring mechanisms. Centre for Combating Trafficking in Persons (CCTP). The Committee notes the Government’s information that the main focus of the activities of the CCTP established by the Ministry of Internal Affairs is to raise the civil society awareness on the hazards and consequences of human trafficking. The Committee also notes the Government’s information that in order to strengthen the practical skills in preventing and combating trafficking in persons, the CCTP conducted 12 training seminars for prosecutors, police and social service staff on human trafficking crimes and identifying victims of this crime. The Committee also notes that the CCTP officers together with representatives of the Prosecutor General, Supreme Court and other institutions responsible for combating trafficking in human beings participated in several training courses held abroad, including in the United States, Lithuania, Romania, Belarus and Hungary in order to improve cooperation in identifying and documenting cases of trafficking and providing for the rehabilitation and social integration of victims.

The Committee further notes the Government’s information that the Ministry of Internal Affairs (MIA) intensified its efforts to document government officials, civil servants and other officials involved in trafficking in persons. As a result, the CCTP exposed the criminal activities of four employees of the MIA and a former police officer involved in human trafficking and the illegal removal of children from the country. In 2010, the CCTP investigated and documented the work of two agencies “Everest Tourism Ltd” and “Gama Avia LLC” who organized the illegal removal of three children from the country.

The Committee also notes the Government’s information that the CCTP together with the General Prosecutor’s Office and International Centre “La Strada” conducted a risk assessment related to cybercrime which consists of deceiving children for the purpose of sexual exploitation. The Committee finally notes from the Government’s report that in 2009, 24 criminal cases under section 206 (trafficking of children), and 78 cases under section 208 (involving minors into criminal activities) of the Criminal Code were recorded by the CCTP of which 11 cases under section 206 and 60 cases under section 208 were referred to the court. Likewise, in 2010, 24 cases under section 206 and 100 cases under section 208 were recorded, while in 2011, 20 cases under section 206 and 43 cases under section 208 were recorded by the CCTP. The Committee requests the Government to continue providing information on the number of cases of worst forms of child labour, in particular cases of trafficking of children that have been recorded by the CCTP.

Article 6. Programmes of action. National Plan for Prevention and Combating Trafficking in Human Beings (2010–11). The Committee notes from the website of the Government of the Republic of Moldova that the Government has approved a National Plan for Prevention and Combating of Trafficking in Human Beings for the years 2010–11. The strategic goals of this National plan include: investigating cases of involvement of public servants in trafficking in human beings, charging and convicting such persons; assistance and protection of victims of trafficking; national and international cooperation; awareness raising and information with specific actions to be taken to combat child trafficking. The Committee requests the Government to provide information on the implementation of the National Plan for Prevention and Combating Trafficking in Human Beings and its impact on the elimination of trafficking in children under the age of 18 years.

National Plan of Action to eliminate child labour. The Committee notes the Government’s indication that it signed a Memorandum of Understanding with the ILO in November 2009 on eliminating child labour through implementing programmes of action. Accordingly, the Committee notes from the Government’s report that a draft National Plan of Action to eliminate child labour was elaborated which includes inter alia, the following objectives:

• -review and update relevant legislation to ensure appropriate conditions for preventing and eliminating the worst forms of child labour;
• -increase awareness of policy-makers and civil society on the problem of the worst forms of child labour;
• -facilitate access of children to quality education;
• -provide educational and rehabilitation and social reintegration of children withdrawn from the worst forms of child labour; and
• -support families of children involved in the worst forms of child labour.

The Committee expresses the firm hope that the draft National Plan of Action to eliminate child labour will be adopted in the near future. It requests the Government to provide information on the implementation of the National Plan of Action once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes from the Government’s report that the multidisciplinary teams in the districts of Vulcanesti, Rezina and Soldanesti are implementing a programme supported by the United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the International Organization for Migration (IOM) and the Organization for Security and Cooperation (OSCE) mission to the Republic of Moldova on the protection and rehabilitation of victims of human trafficking. The Committee notes the Government’s information on the number of child victims of trafficking who have been repatriated and protected by initiatives taken by the Department for Family and Children’s Rights Protection under the Ministry of Labour, Social Protection and Family. According to these data, in 2010, 27 repatriation missions were organized for repatriating a total of 67 children (33 children from Russian Federation, 30 children from Ukraine, two children from Romania, one each from Belgium and Italy). Of the children repatriated in 2010, 27 children were reintegrated into their biological or extended families, three children were adopted, three children placed in childcare homes, 31 children placed in temporary foster care and three children were placed with their mothers in the maternal care centres. Likewise, in 2011 a total of nine children have been repatriated and seven of them were placed in temporary foster homes and two of them were placed with their mothers in a maternal care centre. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been removed and provided assistance by the Department for Family and Children’s Rights Protection.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that according to a survey report on Roma in the Republic of Moldova, published by the UNDP, there exists a significant gap in education and literacy levels between Roma and non-Roma children in the Republic of Moldova. The low enrolment rates and drop-out rates in schools among Roma children are of alarming proportions. The Committee also notes the concerns expressed by the Committee on the Rights of the Child (CRC) in its concluding observations of February 2009 (CRC/C/MDA/CO/3, paragraph 62), that school enrolment rates of Roma children are low at all educational levels and that a significant proportion of Roma children do not attend primary school compared to non-Roma children and that only half of Roma children attend secondary school. The CRC also expressed concern at the limited possibilities for instruction in the Romani language. Observing that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to increase the school enrolment rates and to reduce school drop-out rates of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, in 2009, 11 cases related to trafficking in children were brought to trial of which nine cases were examined and nine persons were convicted. In 2010, seven cases related to trafficking in children were tried by the courts which led to the convictions of seven persons. It also notes that, in 2009, 60 cases, and in 2010, 76 cases, involving minors in criminal activities were brought to justice. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, the data provided shall be disaggregated by age and sex.

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Article 3 of the Convention. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee previously noted the Government’s statement that section 206 of the Criminal Code, on the trafficking in children, includes a prohibition on the recruitment, transportation, transfer, sheltering, in addition to the giving or receiving of payments or benefits in order to obtain the consent of the person who is in control of the child, for the purpose of, inter alia, the use of the child in the pornography industry. The Committee notes with interest that section 208.1 of the Criminal Code on child pornography, which came into force on 7 December 2007, prohibits the production, distribution, dissemination, import, export, provision, trade, change, use or possession of images or other representations of one or more children involved in sexual activities.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 217 of the Criminal Code prohibits the production and trafficking of drugs and psychotropic substances. The Committee notes that section 208(1) of the Criminal Code prohibits involving minors in any criminal activity, instigating minors to commit a crime, or luring minors to engage in immoral acts. The Committee also notes that, pursuant to section 208(2), when this offence is committed by a parent, teacher or other legal protector of the child, the penalty is more severe. Lastly, the Committee notes that section 302 of the Criminal Code prohibits involving minors in begging.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that section 255 of the Labour Code prohibits persons under 18 from performing heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, or the trade in alcoholic drinks, tobacco products, narcotic and toxic products). However, the Committee noted that section 3 of the Labour Code limits the scope of the Labour Code to employees working under individual employment contracts. It requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing hazardous work.

The Committee notes the Government’s information, in its report submitted under Convention No. 138, that on 12 August 2007, the Government, employers’ and worker’s organizations concluded the Collective Agreement (national level) No. 8 on the elimination of the worst forms of child labour (Collective Agreement). The Committee notes that the Collective Agreement prohibits the employment of children under 18 years in hazardous work stipulated in Government Decision 562 of 1993, as an annex to the Agreement. The Committee also notes that section 7 states that the provisions of the present Collective Agreement applies to all establishments, regardless of their type of property and legal form of organization. The Committee further notes that pursuant to section 1 of the Collective Agreement, a child is defined as any person under 18 years, and section 2 and Annex One identify hazardous forms of work and provide a comprehensive list of types of work prohibited for children. The Committee requests the Government to indicate if, pursuant to section 7, the Collective Agreement applies to children who are not under an employment relationship, such as self-employed workers under the age of 18.

Article 5. Monitoring mechanisms. Labour Inspection Office. The Committee refers to its direct request made in 2007 under the Labour Inspection Convention, 1947 (No. 81), in which it noted the information provided by the Government that measures have been adopted, on the basis of Order No. 105 of 30 May 2007 by the General Labour Inspector, to promote the observance of the legislation relating to young persons under 18 years of age. The Committee notes the information in the ILO–IPEC report entitled “Activities for Combating Child Labour and Trafficking in Children in Moldova” (ILO–IPEC Report) that a Child Labour Unit within the Labour Inspection Office was established. The ILO–IPEC Report also indicates that between January to October 2007, the Labour Inspection Office of Moldova registered 340 cases of hazardous child labour. The Committee also notes the information in the ILO–IPEC Technical Progress Report (TPR) that in February 2008, ILO–IPEC implemented the action plan “Mainstreaming, Capacity Building and Resources Mobilization for Upscaling the Child Labour Monitoring System (CLMS) and Youth Employment Models in Moldova”. The Committee further notes the information in the TPR that this programme involved workshops for officials and employers, information sessions for children, and the deployment of multidisciplinary teams in five identified regions who identified child victims of the worst forms of child labour and children at risk, who were then referred to relevant services. The Committee requests the Government to provide information on the impact of the
ILO–IPEC action plan as well as information on any other measures taken to strengthen the labour inspection system. The Committee also requests the Government to continue to provide information on the functioning of the labour inspection system, particularly with regard to the Child Labour Unit. In this respect, it requests the Government to provide information on the number and nature of violations detected and extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action to combat trafficking in persons. The Committee previously noted that the National Plan of Action to combat trafficking in persons was approved in 2001, and that a second National Plan of Action to combat trafficking in persons for the period of 2005–06 was being implemented. The Committee notes the Government’s statement in its written reply of 29 December 2008 to the list of issues of the Committee on the Rights of the Child (CRC) that pursuant to Government Decision No. 472 the National Plan of Action to combat trafficking in persons for 2008–09 was approved. The Committee also notes the information that this Plan was developed with relevant ministries and civil society, considering the regional standards and experience in the activity of prevention and combating human trafficking, with the strategic aim of the improvement of the capacities of the Government and non-governmental institutions to prevent and combat child trafficking (CRC/C/MDA/Q/3/Add.1, paragraph 16). The Committee requests the Government to provide information on the concrete measures taken pursuant to the National Plan of Action to combat trafficking in persons for 2008–09, and its impact on the elimination of child trafficking.

2. Collective Agreement (at the national level) on the elimination of the worst forms of child labour. The Committee notes that all parties (the Government, employers’ and workers’ organizations) to the Collective Agreement have the obligation to mainstream child labour issues in training programmes and research projects (taking into account the need to identify sectors where child labour is widespread), to provide information on the worst forms of child labour to interested institutions, to undertake information campaigns on the worst forms of child labour and their consequences, to negotiate and sign a Code of Conduct on the elimination of the worst forms of child labour in at least one branch of the national economy, and to create permanent specialized councils on child labour as part of the National Commission for collective consultation and bargaining, as well as at the level of territorial commissions. The Committee also notes that pursuant to section 3 of the Collective Agreement, employers have the following obligations: to not admit children to work in professions and work with harmful conditions; to withdraw children from the worst forms of child labour and refer them to types of work which are not prohibited; to negotiate with representatives of workers to provide additional protection for children in collective labour contracts; and to undertake all necessary measures to ensure the efficient implementation and enforcement of the provisions of the Collective Agreement. The Committee requests the Government to provide information on the implementation of this Collective Agreement, and the results obtained.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Education. The Committee previously noted that the Government was taking measures to reduce school drop-out rates and to improve the functioning of the education system and requested the Government to provide information on these measures taken by the Ministry of Education and Youth. The Committee notes the Government’s information that significant educational measures are included in the programme implemented by the National Centre for the Prevention of Child Abuse (CNPAC), in cooperation with ILO–IPEC as part of the “Mainstreaming, Capacity Building and Resources Mobilization for Upscaling the Child Labour Monitoring System (CLMS) and Youth Employment Models in Moldova” project. The Committee notes that this programme entailed providing 276 children with lessons on the development of academic skills and on particular school subjects. The Committee also notes that 152 children benefited from referrals to a programme which supports school attendance and prevents drop outs, by determining the educational needs of the particular child (such as school supplies, text books and clothes). The Committee further notes that this programme engaged 300 children in support groups which aimed to help children who were withdrawn from the worst forms of child labour with social reintegration and develop life skills, and that 449 young persons received individual education and job counselling support, and 154 young people benefitted from vocational training, provided by the National Employment Agency.

The Committee notes the information in the Government’s report that through these initiatives 499 children were prevented from engaging in hazardous agricultural work (and an additional 64 withdrawn), 166 children were prevented from hazardous work and illegal street activities (and an additional 38 withdrawn), 104 were prevented from being trafficked (and an additional eight withdrawn), for a total of 877 children prevented and withdrawn from the worst forms of child labour. In addition to these direct beneficiaries, 1,080 pupils from the graduating class and 104 adults benefitted from group education and job counselling, and 3,044 children, teachers and parents participated in informational meetings on the consequences of child labour exploitation. The Committee requests the Government to continue to provide information on measures taken to improve the functioning of the education system, particularly with regard to preventing the engagement of children in the worst forms of child labour. The Committee also requests the Government to continue provide information on the functioning of the programme of the National Centre for the Prevention of Child Abuse, including information on the number of child victims of the worst forms of child labour who have been removed and rehabilitated, as a result of its implementation.

2. Trafficking. The Committee previously noted that Moldova was one of the countries participating in the first phase (2004–06) of the ILO–IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine” and that Phase II of this project had begun.

The Committee notes the information in the Government’s report that in 2008, pursuant to the Government Decision No. 948, regulations for the procedure of repatriation of victims of trafficking, unaccompanied minors and illegal migrants was established. The Committee notes that, in 2008, 12 repatriation missions were undertaken, involving 44 children identified in the Russian Federation, Ukraine, Czech Republic, Spain, Turkey and Ireland. The Committee also notes that, in the first semester of 2009, six repatriation missions were undertaken, involving 12 children identified in the Russian Federation, Ukraine and Sweden.

Moreover, the Committee notes the Government’s information in its report to the CRC that since 1 January 2006, victims of trafficking benefit from state-run services, including services for professional integration, or a reintegration allowance equivalent to 15 per cent of the monthly average salary (CRC/C/MDA/3, paragraphs 284 and 416). The Committee requests the Government to continue to provide information on the abovementioned repatriation programme, including the number of children repatriated as a result. The Committee also requests the Government to provide further information on the services available to child victims of trafficking, and provide information on the number of children who have benefited from these services. It further requests the Government to provide information on the implementation of Phase II of the ILO–IPEC project “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”.

Clause (d). Identifying and reaching out to children at special risk. Street children. In previous comments, the Committee requested the Government to provide information on the impact of the measures taken pursuant to the Government Decision No. 233 of 2001 (on reducing the social phenomena of street children, vagrancy and begging) on protecting street children from the worst forms of child labour. The Committee notes the information in the Government’s report that the Municipal Division for Children Rights Protection of Chisinau (CRP Chisinau) has undertaken measures to prevent and diminish the phenomena of begging, vagrancy and street children, including measures facilitating access to social services and joint initiatives with the police. The Committee also notes that the CRP Chisinau operates an emergency service, with the aim of preventing vagrancy and begging among minors. Within the framework of this service, 154 raids (visiting 417 families) were undertaken in the 2008–09 period. The Committee further notes the information in the Government’s report to the CRC of the 10 July 2008 that, in order to prevent and reduce the phenomenon of children who live or work in the street, the Government offers accommodation, food and rehabilitation services in ten placement centres and that children are also offered social reintegration through: family reintegration, long-term placement, guardianship and adoptions (CRC/C/MDA/3, paragraph 422).

The Committee notes that the CRC, in its concluding observations of 20 February 2009, recommended that the Government take all necessary measures to ensure that children living or working in the streets have equal access to social and other services (including health care) and requested the Government to develop effective strategies to address the root causes behind children living or working in the streets and to increase awareness of their rights (CRC/C/MDA/CO/3, paragraph 67). The Committee requests the Government to provide information on measures taken pursuant to these recommendations and requests the Government to continue to provide information on measures taken to protect street children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information in its written reply of 29 December 2008 to the list of issues of the CRC on the child trafficking, that the number of registered crimes (pursuant to section 206 of the Penal Code on child trafficking) was 42 in 2005, 57 in 2006 and 41 in 2007. The Committee also notes the Government’s indication in its reply that the number of victims of these registered crimes was 51 in 2005, 58 in 2006 and 46 in 2007. The Committee notes that while the majority of the victims were female, five boys were recorded as being trafficked for the purposes of begging in 2007 (CRC/C/MDA/Q/3/Add.1, paragraph 53).

The Committee notes the information from the ILO–IPEC report entitled “Steps to the elimination of child labour in Central and Eastern Europe”, published in 2007, that Moldova is reported to be one of the leading countries of origin for trafficked children. The Committee also notes that the CRC, in its concluding observations of 20 February 2009, while noting the measures taken by the Government, expressed concern about the prevalence of trafficking of children for the purposes, inter alia, of sexual and economic exploitation. The Committee expresses concern at the reports of the significant number of children in Moldova who are the victims of trafficking to other countries, and urges the Government to strengthen its efforts address this issue, within the framework of the National Plan of Action to combat trafficking in persons for 2008–09. The Committee also requests the Government to continue providing information, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 206 of the Criminal Code which prohibits the trafficking of children for sexual or labour exploitation, for exploitation in slavery, forced labour, use in armed conflicts, and for use in criminal activity; and section 207 of the Criminal Code which prohibits the transportation of a child abroad using falsified documents or by other illegal means. The Committee had requested the Government to indicate the definition of the term “child” as used under sections 206 and 207 of the Criminal Code. The Committee notes the Government’s information that though the term “child” is not expressly defined for the purpose of the Criminal Code, it refers to persons under the age of 18 years, as per the national legislation. According to the provisions of the Law on child’s rights No. 38-XIII of 1994 and the Law on citizenship, a person is considered to be a child from the moment of birth up to the age of 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee had requested the Government to indicate the definition of the term “minor” as used in section 208 (prohibiting the encouragement of minors into immoral acts) and section 220(2)(a) (penalties for the offence of pimping committed against a minor). The Committee notes the Government’s information that the term “minor” is used to express the same notion as “child” which means persons under the age of 18 years, according to national legislation.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. With reference to its previous comments, the Committee notes the Government’s statement that the penalties for offering and using children for the production of pornography is envisaged in section 206 of the Criminal Code. According to section 206 of the Criminal Code, trafficking in children, which includes recruitment, transportation, transfer, sheltering, or giving or receiving a child, receiving payments or benefits in order to obtain the consent of the person who is in control of the child, for the purpose of commercial or non-commercial sexual exploitation, prostitution and use in the pornography industry, carries a penalty of imprisonment from ten to 15 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 208 of the Criminal Code forbids the instigation of minors into criminal activities and that section 217 prohibits the production and trafficking of drugs and psychotropic substances. It had requested the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs. Noting the absence of information on this point, the Committee once again asks the Government to indicate whether the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs constitutes a crime within the meaning of section 208 of the Criminal Code.

Clause (d). Hazardous work. Self-employed workers. Noting that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract, the Committee had requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing hazardous work. The Committee notes the Government’s indication under Convention No. 138 that it is in the process of amending the Labour Code. The Committee encourages the Government to take the necessary measures to amend the relevant provisions of the Labour Code in order to ensure that children under 18 years of age carrying on an economic activity outside an employment contract, such as self-employment, are protected from hazardous work, in accordance with Article 3(d) of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that within the ILO/IPEC project entitled “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, research on the occupational safety and health aspects of hazardous work by children in agriculture was carried out from February to June 2007. It also notes that according to the ILO/IPEC Progress Report on the above project (page 7), in October 2005, the employers’ organization in agriculture launched a survey on child labour in the horticultural sector and signed a declaration against child labour in the agricultural sector. The Committee requests the Government to provide information in respect of the existing hazardous work performed by persons under 18 years in the agricultural sector, as per the results of the ILO/IPEC research on hazardous work by children in agriculture and the survey conducted by the employers’ organization in agriculture.

Article 5. Monitoring mechanisms. Centre for combating trafficking in human beings. The Committee notes the Government’s information that it established, in 2005, a centre for combating trafficking in human beings within the Ministry of Internal Affairs. The centre which aims to work effectively in the area of combating trafficking in human beings comprises the specialists from the Ministry of Internal Affairs, General Prosecutor’s Office, Information and Security Service, Centre for Combating Economic Crimes and Corruption, Customs Service, and Border Control Service. It also notes the Government’s information that the centre registered 61 cases of trafficking in children in 2006, and 28 cases of trafficking in children during the first six months of 2007. It further identified and dismantled 20 trafficking and illegal migration groups.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to combat trafficking in persons. The Committee had previously noted that the National Plan of Action to combat trafficking in persons was approved by Government Decision No. 1219 of 2001. According to the ILO/IPEC Progress Report of March 2006 (page 3), on combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine, phase I, the Government of Moldova approved in August 2005, the second National Plan of Action for preventing and combating trafficking in human beings for the period of 2005–06. The Committee requests the Government to provide information on the implementation of the Second National Plan of Action to combat trafficking in human beings and its impact on eliminating child trafficking.

Article 7, paragraph 1. Penalties. 1. Penalties for trafficking in children. Following its previous comments, the Committee notes the Government’s information regarding the number of persons convicted for the offences related to trafficking in human beings. According to this data, in 2006, a total number of 173 persons were convicted for crimes related to trafficking of persons, out of which seven persons were convicted for trafficking in children. Among the 173 convicted, 67 persons were sentenced to imprisonment, 59 persons were fined, seven persons were acquitted, and for the others the penalties were either suspended or lifted based on general pardon. Out of the 80 persons convicted for the offences related to trafficking of persons during the first five months of 2007, two persons were convicted for trafficking in children. Among the 80 persons convicted, 22 were sentenced to imprisonment, 52 persons were fined and for six persons the penalties were suspended. 

2. Penalties in general. The Committee notes the Government’s information on the application of the provisions of sections 167 (slavery and slave-like conditions), 168 (forced labour), 208 (involvement or encouragement of minors in criminal activities), 210 (pimping) and 302 (begging). According to the data collected by the Ministry of Internal Affairs, in 2006, 136 cases under section 208 were registered, out of which 40 were committed against minors. For the period of the first seven months of 2007, 69 cases under section 208 were registered, out of which 17 were committed against minors. Out of the 136 cases registered in 2006, 125 cases were directed to the courts and out of the 69 cases registered in the first seven months of 2007, 53 cases were directed to the courts.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education and Youth followed a strict monitoring of the school enrolment and school drop-out rates which resulted in a decrease in the number of children not attending school (224 children during the school year 2006–07 as compared to 438 children during 2005–06). The school drop-out rates were also reduced from 297 children during the school year 2005–06 to 141 children during 2006–07. It also notes the Government’s information that the Ministry of Education and Youth has issued instructions to the General Municipal/District Departments on Education, Youth and Sports to take urgent measures to improve the child schooling situation. These measures include: establishing joint commissions comprising the mayor, local counsellors, schoolmasters, members of parents’ groups, and policemen; organizing visits by this joint commission to the places where children not attending school and children at risk of abandoning school are residing; monitoring the education system; and filing cases against parents who prevent their children from going to school. It further notes with interest the Government’s indication that as part of the ILO/IPEC technical assistance project (combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine), during the period from 2005 to 2007, a total of 18,381 children from five ILO/IPEC target areas were reached through education and job counselling support, psychosocial services, information sessions against the worst forms of child labour, and back-to-school programmes supported by multidisciplinary professionals. The Committee requests the Government to continue providing information on the impact of the measures taken by the Ministry of Education and Youth to reduce school drop-out rates and increase the school enrolment rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that Moldova participated in the first phase (2004–06) of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”, with three other countries: Albania, Romania and Ukraine. The Committee notes with interest the information contained in the ILO/IPEC Progress Report, 2006 (page 10), that an Action Plan within this project, namely “Improvement in care of child victims of trafficking and their long-term reintegration” was implemented in five ILO/IPEC areas in Moldova, which resulted in 25 children being withdrawn from trafficking, out of which 21 children were provided with non-educational services, and four children provided with educational services. This project has entered its second phase for the period from 2006 to 2009 covering the abovementioned four countries. The project aims to contribute to the reduction and elimination of trafficking and other worst forms of child labour through upscaling the already developed ILO/IPEC models relating to prevention, identification, and rehabilitation and thereby increasing the number of direct beneficiaries. The Committee requests the Government to provide statistical data on the number of children removed and rehabilitated from the worst forms of child labour, in particular from child trafficking as a result of the implementation of the ILO/IPEC project entitled: “Combating trafficking in children for labour and sexual exploitation in the Balkans and Ukraine”.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee once again requests the Government to supply a copy of the Government Decision No. 233 of 2001 on certain measures to reduce such social phenomena as begging, vagrancy and street children. It also requests the Government to provide information on the impact of the measures taken pursuant to the above Act on protecting street children from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that it is seeking EU funds for creating a new computer program for the management of data/information system generated by the Labour Inspection Department. This new software will consist of a separate component covering all information related to child labour, and its worst forms. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries, and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

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The Committee notes the Government’s first and second reports and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 30 of the Law on the Rights of the Child obliges the State to take all necessary measures to protect children (defined in the Law as persons up to the age of 18) against kidnapping and trafficking. It also notes that section 165 of the Criminal Code prohibits trafficking in human beings. The Committee further notes that section 206 of the Criminal Code deals specifically with the trafficking of children, defined as the recruitment, transportation, transfer, harbouring, receipt or the giving of a child for the purpose of: (a) sexual exploitation, exploitation in prostitution and in the pornographic industry; (b) exploitation in forced labour or services; (c) exploitation in slavery and slave-like conditions; (d) use in armed conflicts; (e) use in criminal activity; (f) removal of organs or tissues for transplant. It also notes that section 207 of the Criminal Code prohibits the transportation of a child abroad using falsified documents or by other illegal means. It requests the Government to indicate the definition of the term "child" for the purposes of sections 206 and 207 of the Criminal Code.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that article 44 of the Constitution of the Republic of Moldova prohibits forced labour. It also notes that sections 166-168 of the Criminal Code prohibit illegal deprivation of liberty, slavery and conditions similar to slavery and forced labour. In particular, section 168 provides for penalties for "forcing a person to perform a labour against his/her will or forcing a person to compulsory labour, keeping a person in servitude for the repayment of a debt; obtaining labour or services through coercion, deception, force or threat of force".

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 28 of the Law on the Training of Citizens for the Defence of the Motherland of July 2002, male citizens of the Republic of Moldova who have attained the age of 18 years are liable for recruitment into military service. It also notes that the Government ratified the Optional Protocol to the CRC on involvement of children in armed conflict in 2004 with a declaration, confirming that the minimum age for recruitment into military service in the Republic of Moldova is 18 years. The Committee further notes that section 210 of the Criminal Code provides for penalties for instigating minors to participate in military action.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 208 of the Criminal Code prohibits the encouragement of minors into immoral acts. It also notes that section 220 of the Criminal Code penalizes the offence of pimping. Subsection 2(a) of section 220 specifies a higher penalty where this offence is committed against a minor. The Committee requests the Government to indicate the definition of term "minor" for the purposes of these provisions of the Criminal Code.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 6 of the Law on the Rights of the Child puts an obligation on the State, in particular, to protect a child from use for the production of pornography. However, it notes that violation of provisions of the Law cannot lead to a prosecution solely based on the Law. Section 32 states than perpetrators are brought to justice in accordance with legislation. The Committee further notes that there appear to be no provisions in the Criminal Code prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 208 of the Criminal Code forbids the instigation of minors into criminal activities. It also notes that subsection 2(a) of section 302 of the Criminal Code punishes anyone who involves minors in begging. It further notes that section 217 of the Criminal Code prohibits the production and trafficking of drugs and psychotropic substances. The Committee requests the Government to indicate whether section 208 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3. Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that the Law on the Rights of the Child (section 11(3)) puts an obligation on the State to protect children from economic exploitation and from performing work that can be harmful for their health and development. It also notes that, pursuant to section 255 of the Labour Code, persons under the age of 18 are forbidden to perform heavy work and work in harmful or dangerous working conditions, underground work, or work that can cause harm to their health and their moral integrity (gambling, work in night institutions, manufacture, transportation and trade in alcoholic drinks, tobacco products, narcotic and toxic products). Lifting and carrying weights, exceeding the established limits is prohibited. Sections 103 and 105 of the Labour Code prohibit the employment of persons under the age of 18 for night work and overtime work.

2. Self-employed workers. The Committee notes that section 3 of the Labour Code limits the scope of the Code to employees working on the basis of an individual labour contract. Therefore, the Labour Code appears to exclude children who work under other kinds of contractual arrangements such as self-employment from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected from performing types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1. Determination of hazardous work. The Committee notes that the hazardous types of work have been determined by a list, approved by Government Decision No. 562 of 7 September 1993. The list includes types of work that are performed in 32 branches of the economy, in particular, underground work, metallurgical manufacture, work with electric power, petrochemical manufacture, microbiological manufacture, work in the industry of building materials, manufacture of glass and products from glass.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s information that the labour market survey, carried out by the Department of Statistics and Sociology, included findings in respect of child labour in the informal sector. The first results should have been published at the end of 2004. The Committee therefore requests the Government to provide the results of the labour market survey in respect of existing hazardous types of work performed by persons under the age of 18.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to section 372 of the Labour Code, labour inspection under the Ministry of Labour and Social Protection is the central body of public administration executing the state control over the observance of the labour legislation, including working conditions of minors and women. Pursuant to section 374(2) of the Labour Code, labour inspectors have the right to apply administrative sanctions for the infringement of the provisions of the national legislation. The Committee also notes that, while exercising their supervisory functions, labour inspectors have, in particular, the right to visit, at any time of the day or night and without preliminary notification, an employer and workplaces; request and obtain from employers the required documents and data; give an order to suspend the operation of enterprises, shops, buildings and technological equipment, as well as to stop the execution of works and technological processes, which are not in conformity with the labour protection standards; demand to eliminate immediately or within a certain period of time the violations revealed. The Committee requests the Government to provide further information on the functioning of the labour inspection, including any extracts of reports and documents relating to children and young persons involved in the worst forms of child labour.

2. National Council for Child Rights Protection. The Committee notes that, according to the Government’s initial report to the Committee of the Rights of the Child (CRC/C/28/Add.19 of 3 May 2002, paragraphs 78-83), the National Council for Child Rights Protection was created by the Government Decision No. 106 of 30 January 1998. The Council is a governmental body and one of its basic responsibilities is to elaborate governmental policies with a view to the implementation of children’s rights at the national level, in particular in the field of child protection. In its activity, the Council collaborates with ministries and departments, and local public administration bodies, as well as with international organizations and non-governmental structures (UNICEF, UNDP, the World Bank, the European Trust for Children and Save the Children). The Committee requests the Government to provide further information on the National Council for Child Rights Protection, in particular on its achievements in eliminating the worst forms of child labour.

3. National Committee against Trafficking and Anti-Trafficking Directorate within the Ministry of Interior Affairs. The Committee notes the Government’s information that the National Committee to Combat Trafficking in Persons was established in 2001 as a permanent advisory body, which is in charge of the implementation of the national policy in this field. It also notes the existence of a special anti-trafficking directorate within the Ministry of Interior Affairs. The Committee requests the Government to provide information on the activities of these bodies aimed at combating the trafficking of children and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action to Combat Trafficking in Persons. The Committee notes the Government’s information that the National Plan of Action to combat Trafficking in Persons was approved by Government Decision No. 1219 of 9 November 2001. The National Plan of Action contains objectives such as awareness raising, harmonization of the national legislation and preparation of personnel authorized to enforce the legislation. It also notes the Government’s indication that a draft working plan is being elaborated, which includes, in particular, the following objectives: identification of the reasons and forms of trafficking in children, as well as the categories of children exposed to risk of becoming victims of trafficking, and rendering assistance to them and their families; prevention of the abandonment of children; identification of the difficulties in the national legislation and in its application in this sphere. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 20), many elements of the National Plan still have not been implemented. In particular, the national legislation on assistance and protection of victims is not enforced accurately and there is a lack of efficient collaboration between the pertinent bodies. The Committee encourages the Government to redouble its efforts to combat child trafficking. It requests the Government to continue providing information on the concrete measures taken to implement the National Plan and on the progress made in the elaboration of the draft working plan on child trafficking.

2. National Action Plan in the Field of Human Rights for 2004-08. The Committee notes the Government’s information that in 2003 the Parliament of the Republic of Moldova approved the National Action Plan in the Field of Human Rights for 2004-08. Under this Plan it is envisaged to develop a draft Law on the Measures to Prevent and Combat Trafficking in Persons and to elaborate programmes providing social security assistance to the victims of trafficking and ensuring their protection and social and economic integration. The Committee asks the Government to provide information on the implementation of this Action Plan and on the progress made in developing the draft law on trafficking.

Article 7, paragraph 1. 1. Penalties in general. The Committee notes that sections 167, 168, 208, 210 and 220 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting slavery and conditions similar to slavery, forced labour, instigation of minors into criminal activities, instigation of minors participating in military action and pimping. It also notes the Government’s information that section 41(3) of the Code on Administrative Offences provides for the imposition of a fine for "involvement of the persons under age in work endangering their health, or constituting an obstacle to receiving education, or causing damage to their physical, mental, spiritual and social development". It further notes that section 183 of the Criminal Code provides for penalties for the breach of the labour protection rules resulting in an accident or other grave consequences. The Committee requests the Government to provide information on the application of these penalties in practice.

2. Penalties for trafficking in children. The Committee notes that section 206 of the Criminal Code imposes a penalty of imprisonment of ten to 15 years for the offence of trafficking in children. It notes however that, according to the results of the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 8), approximately 5,000 girls every year are trafficked for sexual exploitation to the Russian Federation alone. The Committee also notes that, according to the same survey, in 2003, only 150 cases of trafficking had been filed and 36 people convicted. The Committee notes that the actual enforcement of the existing penalties is quite ineffective. It reminds the Government that, by virtue of Article 7, paragraph 1 of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee accordingly asks the Government to take the necessary measures to ensure that persons who traffic in children under the age of 18 for labour or sexual exploitation are 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 trafficking of children for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to section 10 of the Law on the Rights of the Child, every child has the right to free education. It notes however that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 41) expressed concern with the declining expenditure on education and with the drop in the quality and accessibility of education with a consequent decrease in enrolment across all levels of compulsory education as well as increase of drop-out rates. According to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 12), the number of unschooled children is growing and it is estimated that such children represent 11 per cent of all 5-16 year-olds. 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 improve the education system, ensure that children attend school regularly and reduce school drop-out 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.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that the National Plan "Education for All" for 2004-08 was adopted in May 2004. It envisages, inter alia, providing services to children who find themselves in particularly difficult situations, including speech therapy, psycho-pedagogical and specialized medical aid and services of pedagogical and psychological rehabilitation. The Committee notes however that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 46), "Moldovan society is very skeptical and intolerant, especially of girls trafficked for prostitution. They are marginalized and are not offered any chance of re-entering society. Support services for the girls are limited and there is no specialized service for victims who need long-term rehabilitation." The Committee requests the Government to provide information on the time-bound measures taken for the rehabilitation and social integration of child victims of trafficking especially girls trafficked for prostitution.

Clauses (d). Identifying and reaching out to children at special risk. 1. Child victims of trafficking. The Committee notes that, according to the Rapid Assessment Survey on Trafficking in Children for Labour and Sexual Exploitation in Moldova, carried out by the Moldovan Institute for Public Policy under the supervision of ILO/IPEC in 2004 (page 5), Republic of Moldova has become one of the main suppliers of the sex trade in Europe. Children are trafficked mostly for sexual exploitation and into labour, including begging. Destination countries of trafficking of children are Albania, Bosnia and Herzegovina, Cyprus, Greece, Israel, Lebanon, The former Yugoslav Republic of Macedonia, Russian Federation, Serbia and Montenegro, Turkey, United Arab Emirates, Ukraine and others. The Committee also notes that Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.192 of 31 October 2002, paragraph 45) expressed deep concern about the serious proportions of trafficking of girls from the Republic of Moldova. The Committee invites the Government to increase its efforts to improve the situation and to provide information on the effective and time-bound measures taken to combat child trafficking.

2. Street children. The Committee notes that the Government’s Decision No. 233 was adopted on 28 March 2001 on certain measures to reduce such social phenomena as begging, vagabondage and "street children". These measures include: creation of the centres for rendering necessary social assistance to child-vagabonds; involvement of charity organizations in the process of providing support and assistance to the persons engaged in begging and vagabondage; keeping a record of the persons without livelihood (including beggars, vagabonds and street children). The Committee requests the Government to supply a copy of the abovementioned Decision and to provide information on the impact of the above measures on protecting street children from the worst forms of child labour.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that the Republic of Moldova is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Republic of Moldova ratified the Convention on the Rights of the Child in 1993. The Committee further notes that the Republic of Moldova signed in 2000, but has not yet ratified the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

2. Regional cooperation. The Committee notes that the Republic of Moldova is a participating State of the Regional Centre for Combating Trans-border Crime (the South-Eastern European Cooperative Initiative). It also notes that a subregional project has been initiated by ILO/IPEC on "Combating Trafficking in Children for Labour and Sexual Exploitation in the Balkans and Ukraine", which covers four countries: the Republic of Moldova, Albania, Ukraine and Romania. The Committee requests the Government to provide information on the impact of the abovementioned measures of cooperation and assistance on eliminating the trafficking of children for labour or sexual exploitation.

Part III of the report form. The Committee notes the Government’s information that in 2004 under section 206 of the Criminal Code (trafficking of children) 25 cases were initiated of which nine were directed to the courts. Under section 208 of the Criminal Code (involvement of minors in criminal activities) 200 cases were initiated, including 170 cases, which were directed to the court. Under section 220 of the Criminal Code (pimping, only in respect of minors) ten cases were initiated, including five cases, which were directed to the court. The Committee encourages the Government to continue to supply information on courts decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.