Worst Forms of Child Labour Convention, 1999 (No. 182) - Tajikistan (RATIFICATION: 2005)

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Previous comments: observation and direct request

Article 4(1) of the Convention. Determination of hazardous work. The Committee previously requested the Government to provide information on the practical application of the Government’s Decree No. 169 of 2014 establishing the list of the hazardous types of work prohibited to children under 18 years of age. The Committee notes the Government’s indication in its report on the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), that no cases of work performed by children under the age of 18 were identified during the 2,090 inspections carried out by the State Service for Inspections in the Sphere of Labour and Employment (SILME) in 2022. The Committee further notes that the National Plan for Combating Trafficking in Persons for 2022–24 provides for the measures to regularly update the national list of the hazardous types of work prohibited to children under 18 years of age, elaborate methodological recommendations on the application of the national list and conduct inspections. The Committee requests the Government to provide information on the elaboration of methodological recommendations on the application of the national list of the hazardous types of work prohibited to children under 18 years of age. It further requests the Government to provide information on any violations identified with respect to the application of the Government Decree No. 169 of 2014 and penalties imposed to perpetrators.

Article 6. Programmes of action. National Plan for Combating Trafficking in Persons. The Committee notes that Chapter 4 of the National Plan for Combating Trafficking in Persons 2022–24, adopted by the Government’s Decree No. 55 of 2022, sets out various measures to prevent and combat trafficking of children. These measures include, among others, carrying out a study on combating child trafficking and developing proposals to improve legislation on the protection of children’s rights and the prevention of the worst forms of child labour. According to the Government, the competent public bodies shall provide their reports on the implementation of the National Plan for Combating Trafficking in Persons every six months. The Government also indicates that during the period 2017–2022, 61 cases were identified under section 167 (child trafficking) of the Criminal Code.

The Committee further notes that in her 2022 report, the Special Rapporteur on trafficking in persons, especially women and children, expressed concern about the limited action taken to prevent the trafficking of children with disabilities, children belonging to minority groups, and children in street situations (paragraphs 52–53). The Committee requests the Government to provide information on any assessment of the implementation of Chapter 4 of the National Plan for Combating Trafficking in Persons 2022–24, with regard to preventing and combating trafficking of children, including children who are particularly vulnerable to the risk of trafficking. The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed under section 167 of the Criminal Code.

National Programme to eliminate the worst forms of child labour. The Committee notes the Government’s information regarding the successful implementation of the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour for 2015–20. The Government further indicates that the Inter-Agency Coordination Council for the Elimination of the Worst Forms of Child Labour makes proposals and recommendations on the implementation of the State policy on the elimination of the worst forms of child labour and coordinates the work of public bodies in this regard. The Committee reiterates its request to the Government to provide more concrete information on the evaluation of the NAP to Eliminate the Worst Forms of Child Labour for 2015–20. The Committee further requests the Government to provide information on any new programmes of action to eliminate the worst forms of child labour designed and implemented, in consultation with relevant government institutions and employers’ and workers’ organizations.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that 61 child victims of trafficking were identified and provided with medical, psychological, and legal assistance between 2017 and 2022. The Government also indicates that the National Centre for Social Services for Victims of Trafficking in Persons and Victims of Domestic Violence provided 22 child victims with the necessary assistance. In accordance with section 62 of the National Plan to Combat Trafficking in Persons for 2022–24, the elaboration and adoption of the procedure for the provision of social assistance services to child victims is scheduled for 2023. The Committee requests the Government to continue to provide information on the number of child victims of trafficking who have been identified and who have benefited from the social assistance services, as well as on the types of services provided. The Committee also requests the Government to provide information on the procedure for the provision of social assistance services to child victims, once adopted.

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Previous comment

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Compulsory labour and hazardous work in agricultural activities. The Committee notes with regret the absence of specific information in the Government’s report with respect to the Committee’s previous comments on the need to ensure the prohibition of compulsory labour and hazardous work for children under the age of 18 in the cotton harvest. The Committee requests the Government to take the necessary measures to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. The Committee also once again requests the Government to provide information on any monitoring of child labour during the cotton harvest, as well as information on the number and nature of violations reported and penalties imposed in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and special situation of girls. Access to free basic education. The Committee notes the Government’s indication that measures have been taken to facilitate children’s access to compulsory quality education to prevent the involvement of children in the worst forms of child labour. The Committee takes note of the National Strategy for Education Development for the period up to 2030 (Strategy) adopted by the Government’s Decree No. 526 of 2020. The Committee observes that the Strategy aims to extend the coverage of compulsory quality education and to reduce school drop-out rates. According to section 93 of the Strategy, although the number of children enrolled in compulsory education is relatively high, there are cases of dropouts with significant gender disparities. In the 2019–20 school year, 47 per cent of girls were enrolled in primary education (grades 1–4) and 51 per cent in lower secondary education (grades 5–9).

The Committee notes that, in its 2022 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about the high dropout rate in secondary education, particularly among girls and children in rural areas (E/C.12/TJK/CO/4, para. 54). The Committee requests the Government to take the necessary measures to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls. The Committee requests the Government to provide information in this respect, including on the implementation of the National Strategy for Education Development for the period up to 2030, and the results achieved.

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. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. The Committee previously noted that the State Supervisory Service for Labour, Migration and Employment carried out seasonal inspections during the cotton harvest in all cotton producing areas in order to check for cases of the worst forms of child labour. The Committee further noted from the 2013 Annual Assessment on Child, Student and Adult Participation in Tajikistan’s Cotton Harvest (2013 annual assessment report) that in 2013, the number of children working in the fields remained limited, the volume and frequency of forced child labour as well as any form of labour that are harmful to children remained much lower. In addition, the mobilization of school children to work in the cotton harvest declined significantly. The 2013 annual assessment report also indicated that, over the course of the 2013 cotton harvest, two cases of potential forced labour involving children had been identified and investigated by the inspectors which resulted in fines levied against cotton producing dekhan farms (private farms belonging to either one or more individuals). The Committee also noted from the 2013 annual assessment report that several awareness raising efforts and training seminars had been conducted during the 2013 Cotton Monitoring Campaign for teachers, principals, parents, local government officials and cotton workers on the legal restrictions on using child labour in the cotton harvest and the negative influence of such work.

The Committee notes the Government’s indication in its report that the State Supervisory Service for Labour, Migration and Employment has revealed no cases of child labour in agricultural occupations, particularly in cotton picking, during the school year. The Committee however notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed concern at the limited information on the measures taken “to eliminate child forced labour, particularly in the annual cotton harvest” and recommended to “prevent the sale of children for the purpose of child forced labour, particularly in the agricultural sector” (CRC/C/OPSC/TJK/CO/1, paragraphs 20, 21). The Committee requests the Government to continue to provide information on the measures taken to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. It also requests the Government to provide information on the violations detected and the sanctions applied in this regard.

Clause (a). Forced recruitment of children in armed conflict.  Further to its previous request on a minimum age for military service, the Committee notes that section 19 of the Universal Military Duty and Military Service Act of 10 November 2000, No. 139 sets out a minimum age of 18 years for military services.

Article 6. Programmes of action. 1 National Plan for Combating Trafficking in Persons and its application in practice. Following its previous comments, the Committee notes the adoption of the National Plan for Combating Trafficking in Persons for 2019-2021 (Government’s Decree of 1 March 2019, No. 80) and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons (Government’s Decree of 27 July 2016, No. 327). The Committee further notes from the Interim Report on the implementation of the recommendations of the UN Human Rights Council member States adopted in the framework of the Universal Periodic Review of Tajikistan (second period) that in 2018, 11 cases were investigated under section 167 (trafficking in children) of the Criminal Code, involving 29 offenders and 10 victims (paragraph 43).

The Committee however notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW) in its 2018 concluding observations expressed concern that “the trafficking of women and girls, mainly for sexual exploitation, is often done under the guise of fraudulent or forced marriages” and noted “the absence of awareness-raising initiatives to prevent trafficking in women and girls” (CEDAW/C/TJK/CO/6, paragraph 27). The Committee further notes that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) in its 2019 concluding observations recommended to “provide adequate resources for the implementation of strategies to combat trafficking in persons, especially trafficking in women and children” (CMW/C/TJK/CO/2, paragraph 53). The Committee requests the Government to provide information on the implementation of the National Plan for Combating Trafficking in Persons for 2019-2021 and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons with regard to monitoring, preventing and combating the trafficking in persons under the age of 18 years and to provide information on the results achieved. It further requests the Government to supply statistical data on the application of section 167 of the Criminal Code in practice in cases of trafficking in children for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2 National Programme to eliminate the worst forms of child labour. The Committee previously noted from the ILO-IPEC Report, 2015 that the Government had approved on 31 October 2014, the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour in 2015–20.

The Committee observes from the 2019 ILO publication “Some best practices employed in the project “Combating Child Labour and Human Trafficking in Central Asia – Commitment Becomes Action” implemented in Tajikistan in 2017 and 2018” that independent monitoring conducted in 2018 has revealed that the NAP to Eliminate the Worst Forms of Child Labour in 2015–20 was implemented fairly successfully “according to its approved goals, objectives, and the timeframe for its implementation”.

The Committee also notes the Government’s indication that in accordance with the Government’s Decree No. 348 of 19 August 2016, the Department for the Protection of Children’s Rights was created at the Ministry for Education and Science in 2019 with the aim to protect children’s constitutional rights and freedoms. The Government also indicates a number of seminars organized in secondary schools to explain the provisions of the Convention and that information on child labour is regularly placed on the website of the child labour monitoring section of the Labour and Employment Agency under the Ministry for Labour, Migration and Employment. The Committee requests the Government to provide detailed information on the outcome of the 2021 evaluation of the NAP to Eliminate the Worst Forms of Child Labour in 2015–20, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour. To the extent possible, all information provided should be disaggregated by gender and age.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that according to the UNESCO statistics on education in Tajikistan, the net enrolment rate in primary education had decreased from 98 per cent in 2013 to 96.76 in 2014. The Committee also noted that the Committee on Economic, Social and Cultural Rights in its concluding observations expressed concern at the high dropout rates among girls and children from families in disadvantaged situations and about the gender disparity in enrolment and retention rates across all levels of education (E/C.12/TJK/CO/2-3, paragraph 34). 

The Committee notes from the Interim Report on the implementation of the recommendations of the UN Human Rights Council by member States adopted in the framework of the Universal Periodic Review of Tajikistan (second period) the measures taken by the Ministry of Education and Science to prevent school non-attendance, including the provision of allowances to low-income families. The Interim Report also indicates that although in the 2013-2014 academic year, 367 children did not attend educational institutions, including 206 girls, in the 2018-2019 academic year, this number decreased to 35 children, including 25 girls (paragraph 69). The Committee further observes from the UNICEF statistics that the net attendance rate for children of primary school age was 97.7 in 2017.

The Committee however notes that the CEDAW in its 2018 concluding observations expressed concern at “the low enrolment rate of girls in school, especially in remote areas” and “the high dropout rate among girls at the secondary and higher levels of education and the absence of re-entry policies” (CEDAW/C/TJK/CO/6, paragraph 35). The Committee requests the Government to continue its efforts to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls and children from families in disadvantaged situations. It further requests the Government to provide information on the measures taken and on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls and children from disadvantaged families.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee takes note of the Act on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, No. 1096. The Committee observes that the Act of 2014, in its chapter 5, regulates trafficking in children, including measures on the social adaptation and rehabilitation of child victims of trafficking. In particular, according to section 32 of the Act of 2014, child victims of trafficking shall be provided with accommodation, food, clothes, education, and other necessary services. The Committee requests the Government to provide information on the number of child victims of trafficking who have been identified and benefited from the social adaptation and rehabilitation measures as well as on the types of services provided.

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Article 4(1) of the Convention. Determination of hazardous work. Following its previous comments, the Committee notes with satisfaction the adoption of the Government Decree No. 169 of 2014, which sets out the hazardous types of work prohibited to children under 18 years of age. In particular, the Government Decree No. 169 of 2014 contains an extensive list of the hazardous types of work in the different sectors of economy, such as mining, construction, agriculture, transport, metallurgical and chemical industries. It also sets out the maximum admissible weights that should be carried or lifted by young persons. The Committee requests the Government to provide information on the application in practice of the Government Decree No. 169 of 2014, including the violations reported and penalties imposed to perpetrators.

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

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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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. In its previous comments, the Committee, while noting the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, expressed its concern that the compulsory mobilization of children for work during the cotton harvest continued, and that this work often took place under hazardous conditions. The Committee therefore urged the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years.

The Committee notes the Government’s information in its report that the State Supervisory Services for Labour, Migration and Employment carry out seasonal inspections during the cotton harvest in all cotton producing areas in order to check for cases of the worst forms of child labour. The Committee also notes from a report entitled ILO–IPEC contributions to eliminate the worst forms of child labour in Tajikistan 2005–15 (ILO–IPEC Report, 2015) that the Child Labour Monitoring Unit established under the Ministry of Labour, Migration and Employment provides training to trainers of trade unions and employers’ associations as well as farmers’ organizations on hazardous child labour in agriculture with a particular focus on cotton. The Committee further notes from the 2013 Annual Assessment on Child, Student and Adult Participation in Tajikistan’s Cotton Harvest (2013 annual assessment report) that the International Organization for Migration (IOM), in collaboration with the Government of Tajikistan and local NGO partners, conducted a cotton monitoring campaign to monitor cases of forced labour and labour violations during the 2013 cotton harvest. This report indicated that although children were identified working in the fields in all 25 targeted districts, their numbers remained limited, the volume and frequency of forced child labour as well as any form of labour that are harmful to children remained much lower, with only less than 7 per cent of cotton being picked by children. In addition, the mobilization of school children to work in the cotton harvest declined significantly. This report also indicates that, over the course of the 2013 cotton harvest, two cases of potential forced labour involving children were identified and investigated by the inspectors which resulted in fines levied against cotton producing dekhan farms (private farms belonging to either one or more individuals). The Committee finally notes from the 2013 annual assessment report that several awareness raising efforts and training seminars were conducted during the 2013 Cotton Monitoring Campaign for teachers, principals, parents, local government officials and cotton workers on the legal restrictions on using child labour in the cotton harvest and the negative influence of such work. The Committee requests the Government to continue its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Clause (a). Forced recruitment of children in armed conflict. The Committee notes that while the Government indicates that a copy of the Universal Military Service Act, which establishes a minimum age of 18 years for military services, has been attached along with the report, no such copy has been provided by the Government. The Committee therefore once again requests the Government to provide a copy of the Universal Military Service Act.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. It requested the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

The Committee notes that according to section 86(1) of the Criminal Code, minors are considered to be persons who have reached 14 years of age but have not reached 18 years of age.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Inter-Ministerial Commission on Combating Trafficking in Persons. In its previous comments, the Committee noted the establishment of the Inter-Ministerial Commission on Combating Trafficking in Persons, to increase the effectiveness of the monitoring of human trafficking. It also noted the information contained in the compilation prepared by the Office of High Commissioner for Human Rights for the Universal Periodic Review of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30).

The Committee notes that the Government report does not contain any information in this regard. However, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 29 October 2013 expressed concern that Tajikistan is a country of origin and transit for trafficking women and girls (CEDAW/C/TJK/CO/4-5, paragraph 19). The Committee requests the Government to provide information on the activities undertaken by the Inter-ministerial Commission for Combating Trafficking in Persons with regard to monitoring and combating the trafficking of persons under the age of 18 years and to provide information on the results achieved, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. It also requests the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 6. Programmes of action. National Programme to eliminate the worst forms of child labour. The Committee notes from the ILO-IPEC Report, 2015 that the Government approved on 31 October 2014, the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour in 2015–20. The Committee requests the Government to provide information on the implementation of the NAP to Eliminate the Worst Forms of Child Labour in 2015–20 and the results achieved, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the measures taken by the Government to improve school attendance. However, noting that a considerable number of primary-school age children were out-of-school and that the school infrastructure and conditions remained poor, the Committee requested the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the UNICEF Tajikistan-Overview-Basic Education, 2013, that the National Strategy for Education Development, approved by the Government in July 2012 sets out three objectives, namely: to modernize education content; to re-structure the education system; and to improve access to quality education. The Committee notes, however, that according to the UNESCO statistics on education in Tajikistan, the net enrolment rate in primary education has decreased from 98 per cent in 2013 to 96.76 in 2014. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 25 March 2015 expressed concern at the high dropout rates among girls and children from families in disadvantaged situations and about the gender disparity in enrolment and retention rates across all levels of education (E/C.12/TJK/CO/2-3, paragraph 34). The Committee requests the Government to take the necessary measures, including through the effective implementation of the objectives of the National Strategy for Education Development (NSED), to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls and children from families in disadvantaged situations. It requests the Government to provide information on the measures taken in this regard and on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls and children from disadvantaged families.

Application of the Convention in practice. The Committee notes that according to the findings of the National Child Labour Survey of 2012–13 (CLS report) conducted in cooperation with ILO–IPEC, of the 2.2 million children aged between 5 and 17 years in Tajikistan, 522,000 (26.9 per cent) are working, of which 21.7 per cent are involved in hazardous work. Children employed in hazardous occupations include, agriculture, fishery and related workers, forestry and related workers, construction, street vendors, shoe cleaning and other street services, messengers and porters. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, especially hazardous work, and to provide information on the measures taken in this regard. It also requests the Government to continue providing up-to-date information on the nature, extent and trends of the worst forms of child labour in the country, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.

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Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. In its previous comments, the Committee, while noting the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, expressed its concern that the compulsory mobilization of children for work during the cotton harvest continued, and that this work often took place under hazardous conditions. The Committee therefore urged the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years.

The Committee notes the Government’s information in its report that the State Supervisory Services for Labour, Migration and Employment carry out seasonal inspections during the cotton harvest in all cotton producing areas in order to check for cases of the worst forms of child labour. The Committee also notes from a report entitled ILO–IPEC contributions to eliminate the worst forms of child labour in Tajikistan 2005–15 (ILO–IPEC Report, 2015) that the Child Labour Monitoring Unit established under the Ministry of Labour, Migration and Employment provides training to trainers of trade unions and employers’ associations as well as farmers’ organizations on hazardous child labour in agriculture with a particular focus on cotton. The Committee further notes from the 2013 Annual Assessment on Child, Student and Adult Participation in Tajikistan’s Cotton Harvest (2013 annual assessment report) that the International Organization for Migration (IOM), in collaboration with the Government of Tajikistan and local NGO partners, conducted a cotton monitoring campaign to monitor cases of forced labour and labour violations during the 2013 cotton harvest. This report indicated that although children were identified working in the fields in all 25 targeted districts, their numbers remained limited, the volume and frequency of forced child labour as well as any form of labour that are harmful to children remained much lower, with only less than 7 per cent of cotton being picked by children. In addition, the mobilization of school children to work in the cotton harvest declined significantly. This report also indicates that, over the course of the 2013 cotton harvest, two cases of potential forced labour involving children were identified and investigated by the inspectors which resulted in fines levied against cotton producing dekhan farms (private farms belonging to either one or more individuals). The Committee finally notes from the 2013 annual assessment report that several awareness raising efforts and training seminars were conducted during the 2013 Cotton Monitoring Campaign for teachers, principals, parents, local government officials and cotton workers on the legal restrictions on using child labour in the cotton harvest and the negative influence of such work. The Committee requests the Government to continue its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years in the cotton harvest. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Clause (a). Forced recruitment of children in armed conflict. The Committee notes that while the Government indicates that a copy of the Universal Military Service Act, which establishes a minimum age of 18 years for military services, has been attached along with the report, no such copy has been provided by the Government. The Committee therefore once again requests the Government to provide a copy of the Universal Military Service Act.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. It requested the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

The Committee notes that according to section 86(1) of the Criminal Code, minors are considered to be persons who have reached 14 years of age but have not reached 18 years of age.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. Inter-Ministerial Commission on Combating Trafficking in Persons. In its previous comments, the Committee noted the establishment of the Inter-Ministerial Commission on Combating Trafficking in Persons, to increase the effectiveness of the monitoring of human trafficking. It also noted the information contained in the compilation prepared by the Office of High Commissioner for Human Rights for the Universal Periodic Review of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30).

The Committee notes that the Government report does not contain any information in this regard. However, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 29 October 2013 expressed concern that Tajikistan is a country of origin and transit for trafficking women and girls (CEDAW/C/TJK/CO/4-5, paragraph 19). The Committee requests the Government to provide information on the activities undertaken by the Inter-ministerial Commission for Combating Trafficking in Persons with regard to monitoring and combating the trafficking of persons under the age of 18 years and to provide information on the results achieved, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. It also requests the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 6. Programmes of action. National Programme to eliminate the worst forms of child labour. The Committee notes from the ILO-IPEC Report, 2015 that the Government approved on 31 October 2014, the National Action Programme (NAP) to Eliminate the Worst Forms of Child Labour in 2015–20. The Committee requests the Government to provide information on the implementation of the NAP to Eliminate the Worst Forms of Child Labour in 2015–20 and the results achieved, particularly in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the measures taken by the Government to improve school attendance. However, noting that a considerable number of primary-school age children were out-of-school and that the school infrastructure and conditions remained poor, the Committee requested the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the UNICEF Tajikistan-Overview-Basic Education, 2013, that the National Strategy for Education Development, approved by the Government in July 2012 sets out three objectives, namely: to modernize education content; to re-structure the education system; and to improve access to quality education. The Committee notes, however, that according to the UNESCO statistics on education in Tajikistan, the net enrolment rate in primary education has decreased from 98 per cent in 2013 to 96.76 in 2014. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 25 March 2015 expressed concern at the high dropout rates among girls and children from families in disadvantaged situations and about the gender disparity in enrolment and retention rates across all levels of education (E/C.12/TJK/CO/2-3, paragraph 34). The Committee requests the Government to take the necessary measures, including through the effective implementation of the objectives of the National Strategy for Education Development (NSED), to improve the functioning of the educational system and to facilitate access to free basic education, particularly of girls and children from families in disadvantaged situations. It requests the Government to provide information on the measures taken in this regard and on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls and children from disadvantaged families.

Application of the Convention in practice. The Committee notes that according to the findings of the National Child Labour Survey of 2012–13 (CLS report) conducted in cooperation with ILO–IPEC, of the 2.2 million children aged between 5 and 17 years in Tajikistan, 522,000 (26.9 per cent) are working, of which 21.7 per cent are involved in hazardous work. Children employed in hazardous occupations include, agriculture, fishery and related workers, forestry and related workers, construction, street vendors, shoe cleaning and other street services, messengers and porters. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, especially hazardous work, and to provide information on the measures taken in this regard. It also requests the Government to continue providing up-to-date information on the nature, extent and trends of the worst forms of child labour in the country, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. The Committee previously noted the Government’s indication that it is prohibited to employ pupils and children in agricultural work during their studies. Nonetheless, the Committee noted the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that this prohibition is routinely ignored by regional, city and district officials. However, the Committee noted the Government’s indication that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC support in 2007, to prevent the use of labour of children between 8 to 14 years.

The Committee noted the Government’s statement that, pursuant to section 26 of the Education Act, schoolchildren and students may not be employed in agricultural work and other work during school time. The Committee also noted the Government’s indication that children are employed most frequently outside of school time, in the summer months, in agricultural work in their village. In this regard, the Committee noted the information from the UN Country Team in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 25 July 2011 that progress had been made in enforcing the prohibition of child labour in the annual cotton harvest (A/HRC/WG.6/12/TJK/2, paragraph 31).

However, the Committee noted the Government’s statement that, despite positive developments, some compulsory labour of children still occurs in the country, primarily in rural areas where children are forced to work in sowing and harvesting crops. Moreover, the Committee noted the Government’s statement that children work in arduous conditions during the cotton harvest, in hot temperatures and involving the heavy use of fertilizers and toxic chemicals. The Government further indicated that, after the cotton becomes ripe, the water supply in the farm areas dries up and children are forced to drink water from underground sources and irrigations canals, which can have deleterious health effects. The Committee also noted the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the incomplete elimination of child labour is due to the lack of the necessary agricultural equipment, and in certain cases, parents make their children perform some types of work. Therefore, while taking note of the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, the Committee expressed its concern that the compulsory mobilization of children for work in the harvest continues, and that this work often takes place under hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years. It requests the Government to take immediate and effective time-bound measures to ensure that the prohibition on engaging children in agricultural activities during school time is enforced in practice. It requests the Government to provide information on the measures taken, in its next report.

Clause (a). Forced recruitment of children in armed conflict. The Committee previously noted the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 2 April 2009 that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide a copy of the Universal Military Service Act, with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 238 of the Criminal Code prohibits the involvement of a person in prostitution through violence, blackmail, fraud or the destruction of property. The Committee also noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. However, the Committee observed that the term “minor” in the Criminal Code was not defined. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

Article 4(1). Determination of hazardous work. The Committee previously noted that section 177(1) of the Labour Code of 1997 prohibits the employment of persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he list of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. The Committee requested information on the development of this list, pursuant to section 177(2) of the Labour Code.

The Committee noted the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138) that Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations” was adopted on 30 December 2010. However, the Committee observed an absence of information as to whether Resolution No. 702 contains a determination of the types of hazardous work prohibited to persons under 18 years of age, pursuant to section 177(2) of the Labour Code. The Committee accordingly requests the Government to indicate whether Resolution No. 702 establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy of this Resolution with its next report. If not, it urges the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future, in conformity with Article 4(1) of the Convention.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that a unit for combating trafficking in human beings was established in 2004 and that section 7 of the Law on combating human trafficking established the interdepartmental commission on combating trafficking, to increase the effectiveness of the monitoring of human trafficking. However, the Committee noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68).

The Committee noted the Government’s statement that on 3 March 2011, by virtue of Order No. 113, the Government approved the National Act on the Programme for Prevention of Trafficking in Persons. In this regard, the Government indicated that the Ministry of Internal Affairs drew up a plan of measures which was approved by order of the Minister. The Government further indicated that work was intensified concerning the introduction of measures involving regional and international cooperation between countries on the subject of trafficking. The Committee also noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR phase II, that this Programme for the Prevention of Trafficking in Persons includes awareness-raising activities on the consequences of trafficking for the general public, including children, as well as awareness raising-activities on human trafficking for senior local government officials and other agencies/organizations.

Nonetheless, the Committee noted the Government’s statement in its report to the UN Human Rights Council for the UPR of 19 July 2011 that it is particularly concerned about the problem of trafficking in persons (A/HRC/WG.6/12/TJK/1, paragraph 55). The Committee also noted with concern the information in the compilation prepared by the OHCHR for the UPR of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30). The Committee, therefore, urges the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to intensify its efforts, within the framework of the Programme for the Prevention of Trafficking of Persons, to strengthen the capacity of law enforcement agencies to combat the sale and trafficking of persons under the age of 18. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication in its report to the CRC of 2 April 2009 that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs, a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62).

The Committee noted the Government’s statement that the high level of unemployment in the country influences the school attendance of children, as many children are forced (including by their own parents) to work as car washers, porters and street vendors. However, the Government indicated that several measures were taken to improve school attendance. In this regard, the Government indicated that the department on the prevention of crime among youth and young adults (SPPNM) within the Ministry of Internal Affairs may, in the event of the identification of young persons not attending school, undertake remedial measures to get these children back into general education. The Government indicated that 1,533 special inspections were carried out across the country by the SPPNM, through which 8,911 children who were not attending school were identified. In this regard, the Government indicated that the staff of the SPPNM carried out talks and meetings with students and their parents to address these situations.

The Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that the net enrolment rate for primary education was 97 per cent in 2008. However, the Committee noted that there remain approximately 17,000 out-of-school children of primary school age. The Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011, that while education infrastructure had been improved and public spending on the educational sector had increased, school infrastructure and conditions remain poor and about 85 per cent of schools operate in two to three shifts owing to a chronic lack of school infrastructure (A/HRC/WG.6/12/TJK/2, paragraph 76). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education. It requests the Government to continue to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with regard to reducing the number of out-of-school children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 19 of the Law on combating human trafficking contains provisions outlining the assistance to be given to child victims of trafficking. However, the Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). The Committee requested information on the number of victims under the age of 18 who had benefited from the assistance provided for under the Law on combating human trafficking.

The Committee noted the information in the Government’s report that cooperation is envisaged on the development of education and health programmes to support victims of trafficking through repatriation, rehabilitation and reintegration. The Government also indicated that the Ministry of Internal Affairs provides support to victims of trafficking through the operation of a confidential helpline. The Committee further noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR Phase II that the Programme for the Prevention of Trafficking of Persons includes measures for the training of specialists to provide psycho-social support to victims of trafficking as well as measures to ensure the provision of protection and assistance to child victims of trafficking. However, the Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that there was no formal referral system established for victims of trafficking, and that, as of 2010, there had been no specific budgetary allocations for victim protection (A/HRC/WG.6/12/TJK/2, paragraph 29). The Committee requests the Government to strengthen its efforts, within the framework of the Programme for the Prevention of Trafficking of Persons, to provide for the identification, removal, rehabilitation and social integration of child victims of trafficking, and to provide information on the measures taken in this regard. In addition, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of identified child victims of trafficking who have received appropriate services for their rehabilitation and social integration.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee noted the information in the Government’s report that, through the PROACT-CAR Phase II, 38 working children (15 boys and 23 girls) attended certified vocational education courses, and that 13 of the girls participating received state certificates for the completion of these courses. The Committee also noted the information from ILO–IPEC that support was then requested to help these graduating children (over the age of 15) find appropriate employment following their vocational training. However, the Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that, as of 2008, 88 per cent of the out-of-school children of primary school age were girls. Moreover, the Committee noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that the increased direct cost of education contributed to the low school enrolment and attendance rates of girls (A/HRC/WG.6/12/TJK/2, paragraph 75). The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system or to provide them with appropriate vocational training. It requests the Government to continue to provide information on the results achieved through the initiatives implemented with ILO–IPEC support. It also requests the Government to strengthen its efforts with regard to facilitating access to free basic education for girls, and to provide information on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s indication in its report to the CRC of 21 February 2009 that there were nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicated that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicated that these children often work for adults in hazardous conditions (CRC/C/TJK/CO/2, paragraphs 675–676). However, the Committee noted that, under the PROACT-CAR phase II, an action plan was developed for the protection of working and street children in the Khatlon and Sougd region.

The Committee noted the information in the Government’s report that the inspections carried out by the SPPNM identified 3,846 child vagrants and beggars, as well as 362 market porters and 204 street vendors, who were not attending school. The Government indicated that the SPPNM took measures to return these children to school. The Committee also noted the information in the Government’s report that 50 children involved in street work were provided a one-day child rights course by the NGO “Youth House”. Moreover, the Committee noted the information from ILO–IPEC in a document of February 2011 on the PROACT-CAR phase II that the action plan “Building the capacity of the CLM Sector in Tajikistan on identification, referral, tracking and protection of children at risk/involved in WFCL (street work)” was implemented in 2010, and that 20 children (five boys and 15 girls) were withdrawn from child labour and 20 children (six boys and 14 girls) were prevented from entering child labour through provision of education-based services. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, to ensure that this growing group of children are protected from these worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Application of the Convention in practice. The Committee previously noted the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee noted the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also noted the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution had become more frequent. The Committee further noted the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) was present in both Dushanbe and Kurgan-Tube. It requested the Government to provide information on the application of the Convention in practice.

The Committee noted the information in the Government’s report that the staff of the Ministry of Internal Affairs detected one case of child trafficking in 2009, and 17 such cases in 2010. The Committee also noted the information in the Government report that three offences related to the procuring of a prostitute were detected in 2009 and 2010, in addition to 45 offences detected concerning the organizing or keeping of a brothel or prostitution in 2009, and 100 such offences in 2010. However, the Committee observed that it is not indicated how many of these offences related to prostitution involved victims under the age of 18. The Committee urges the Government to pursue its efforts to combat and eliminate the worst forms of child labour in Tajikistan, and to continue to provide information on measures taken in this regard. It also requests the Government to take the necessary measures to ensure that up-to-date information on the nature, extent and trends of the worst forms of child labour in the country is made available, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. The Committee previously noted the Government’s indication that it is prohibited to employ pupils and children in agricultural work during their studies. Nonetheless, the Committee noted the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that this prohibition is routinely ignored by regional, city and district officials. However, the Committee noted the Government’s indication that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC support in 2007, to prevent the use of labour of children between 8 to 14 years.

The Committee noted the Government’s statement that, pursuant to section 26 of the Education Act, schoolchildren and students may not be employed in agricultural work and other work during school time. The Committee also noted the Government’s indication that children are employed most frequently outside of school time, in the summer months, in agricultural work in their village. In this regard, the Committee noted the information from the UN Country Team in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 25 July 2011 that progress had been made in enforcing the prohibition of child labour in the annual cotton harvest (A/HRC/WG.6/12/TJK/2, paragraph 31).

However, the Committee noted the Government’s statement that, despite positive developments, some compulsory labour of children still occurs in the country, primarily in rural areas where children are forced to work in sowing and harvesting crops. Moreover, the Committee noted the Government’s statement that children work in arduous conditions during the cotton harvest, in hot temperatures and involving the heavy use of fertilizers and toxic chemicals. The Government further indicated that, after the cotton becomes ripe, the water supply in the farm areas dries up and children are forced to drink water from underground sources and irrigations canals, which can have deleterious health effects. The Committee also noted the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the incomplete elimination of child labour is due to the lack of the necessary agricultural equipment, and in certain cases, parents make their children perform some types of work. Therefore, while taking note of the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, the Committee expressed its concern that the compulsory mobilization of children for work in the harvest continues, and that this work often takes place under hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years. It requests the Government to take immediate and effective time-bound measures to ensure that the prohibition on engaging children in agricultural activities during school time is enforced in practice. It requests the Government to provide information on the measures taken, in its next report.

Clause (a). Forced recruitment of children in armed conflict. The Committee previously noted the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 2 April 2009 that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide a copy of the Universal Military Service Act, with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 238 of the Criminal Code prohibits the involvement of a person in prostitution through violence, blackmail, fraud or the destruction of property. The Committee also noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. However, the Committee observed that the term “minor” in the Criminal Code was not defined. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

Article 4(1). Determination of hazardous work. The Committee previously noted that section 177(1) of the Labour Code of 1997 prohibits the employment of persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he list of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. The Committee requested information on the development of this list, pursuant to section 177(2) of the Labour Code.

The Committee noted the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138) that Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations” was adopted on 30 December 2010. However, the Committee observed an absence of information as to whether Resolution No. 702 contains a determination of the types of hazardous work prohibited to persons under 18 years of age, pursuant to section 177(2) of the Labour Code. The Committee accordingly requests the Government to indicate whether Resolution No. 702 establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy of this Resolution with its next report. If not, it urges the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future, in conformity with Article 4(1) of the Convention.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that a unit for combating trafficking in human beings was established in 2004 and that section 7 of the Law on Combating Human Trafficking established the interdepartmental commission on combating trafficking, to increase the effectiveness of the monitoring of human trafficking. However, the Committee noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68).

The Committee noted the Government’s statement that on 3 March 2011, by virtue of Order No. 113, the Government approved the National Act on the Programme for Prevention of Trafficking in Persons. In this regard, the Government indicated that the Ministry of Internal Affairs drew up a plan of measures which was approved by order of the Minister. The Government further indicated that work was intensified concerning the introduction of measures involving regional and international cooperation between countries on the subject of trafficking. The Committee also noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR phase II, that this Programme for the Prevention of Trafficking in Persons includes awareness- raising activities on the consequences of trafficking for the general public, including children, as well as awareness raising-activities on human trafficking for senior local government officials and other agencies/organizations.

Nonetheless, the Committee noted the Government’s statement in its report to the UN Human Rights Council for the UPR of 19 July 2011 that it is particularly concerned about the problem of trafficking in persons (A/HRC/WG.6/12/TJK/1 paragraph 55). The Committee also noted with concern the information in the compilation prepared by the OHCHR for the UPR of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30). The Committee, therefore, urges the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to intensify its efforts, within the framework of the Programme for the Prevention of Trafficking of persons, to strengthen the capacity of law enforcement agencies to combat the sale and trafficking of persons under the age of 18. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication in its report to the CRC of 2 April 2009 that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs, a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62).

The Committee noted the Government’s statement that the high-level of unemployment in the country influences the school attendance of children, as many children are forced (including by their own parents) to work as car washers, porters and street vendors. However, the Government indicated that several measures were taken to improve school attendance. In this regard, the Government indicated that the department on the prevention of crime among youth and young adults (SPPNM) within the Ministry of Internal Affairs may, in the event of the identification of young persons not attending school, undertake remedial measures to get these children back into general education. The Government indicated that 1,533 special inspections were carried out across the country by the SPPNM, through which 8,911 children who were not attending school were identified. In this regard, the Government indicated that the staff of the SPPNM carried out talks and meetings with students and their parents to address these situations.

The Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that the net enrolment rate for primary education was 97 per cent in 2008. However, the Committee noted that there remain approximately 17,000 out-of-school children of primary school age. The Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011, that while education infrastructure had been improved and public spending on the educational sector had increased, school infrastructure and conditions remain poor and about 85 per cent of schools operate in two to three shifts owing to a chronic lack of school infrastructure (A/HRC/WG.6/12/TJK/2, paragraph 76). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education. It requests the Government to continue to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with regard to reducing the number of out-of-school children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 19 of the Law on Combating Human Trafficking contains provisions outlining the assistance to be given to child victims of trafficking. However, the Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). The Committee requested information on the number of victims under the age of 18 who had benefited from the assistance provided for under the Law on Combating Human Trafficking.

The Committee noted the information in the Government’s report that cooperation is envisaged on the development of education and health programmes to support victims of trafficking through repatriation, rehabilitation and reintegration. The Government also indicated that the Ministry of Internal Affairs provides support to victims of trafficking through the operation of a confidential helpline. The Committee further noted the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR Phase II that the Programme for the Prevention of Trafficking of Persons includes measures for the training of specialists to provide psycho-social support to victims of trafficking as well as measures to ensure the provision of protection and assistance to child victims of trafficking. However, the Committee also noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that there was no formal referral system established for victims of trafficking, and that, as of 2010, there had been no specific budgetary allocations for victim protection (A/HRC/WG.6/12/TJK/2, paragraph 29). The Committee requests the Government to strengthen its efforts, within the framework of the Programme for the Prevention of Trafficking of Persons, to provide for the identification, removal, rehabilitation and social integration of child victims of trafficking, and to provide information on the measures taken in this regard. In addition, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of identified child victims of trafficking who have received appropriate services for their rehabilitation and social integration.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee previously noted the information in the 2010 UNESCO Global Monitoring Report – Education for All that although the net enrolment rate in secondary education was 87 per cent for boys, only 75 per cent of girls were attending secondary school. The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern at the increasing number of girls who drop out of school, especially those living in rural areas (CRC/C/TJK/CO/2, paragraph 66). The Committee urged the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system.

The Committee noted the information in the Government’s report that, through the PROACT-CAR Phase II, 38 working children (15 boys and 23 girls) attended certified vocational education courses, and that 13 of the girls participating received state certificates for the completion of these courses. The Committee also noted the information from ILO–IPEC that support was then requested to help these graduating children (over the age of 15) find appropriate employment following their vocational training. However, the Committee noted the information in the 2011 UNESCO Global Monitoring Report – Education for All that, as of 2008, 88 per cent of the out-of-school children of primary school age were girls. Moreover, the Committee noted the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that the increased direct cost of education contributed to the low school enrolment and attendance rates of girls (A/HRC/WG.6/12/TJK/2, paragraph 75). The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system or to provide them with appropriate vocational training. It requests the Government to continue to provide information on the results achieved through the initiatives implemented with ILO–IPEC support. It also requests the Government to strengthen its efforts with regard to facilitating access to free basic education for girls, and to provide information on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s indication in its report to the CRC of 21 February 2009 that there were nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicated that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicated that these children often work for adults in hazardous conditions (CRC/C/TJK/CO/2, paragraphs 675–676). However, the Committee noted that, under the PROACT-CAR phase II, an action plan was developed for the protection of working and street children in the Khatlon and Sougd region.

The Committee noted the information in the Government’s report that the inspections carried out by the SPPNM identified 3846 child vagrants and beggars, as well as 362 market porters and 204 street vendors, who were not attending school. The Government indicated that the SPPNM took measures to return these children to school. The Committee also noted the information in the Government’s report that 50 children involved in street work were provided a one-day child rights course by the NGO “Youth House”. Moreover, the Committee noted the information from ILO–IPEC in a document of February 2011 on the PROACT CAR phase II that the action plan “Building the capacity of the CLM Sector in Tajikistan on identification, referral, tracking and protection of children at risk / involved in WFCL (street work)” was implemented in 2010, and that 20 children (five boys and 15 girls) were withdrawn from child labour and 20 children (six boys and 14 girls) were prevented from entering child labour through provision of education-based services. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, to ensure that this growing group of children are protected from these worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee noted the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also noted the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution had become more frequent. The Committee further noted the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) was present in both Dushanbe and Kurgan-Tube. It requested the Government to provide information on the application of the Convention in practice.

The Committee noted the information in the Government’s report that the staff of the Ministry of Internal Affairs detected one case of child trafficking in 2009, and 17 such cases in 2010. The Committee also noted the information in the Government report that three offences related to the procuring of a prostitute were detected in 2009 and 2010, in addition to 45 offences detected concerning the organizing or keeping of a brothel or prostitution in 2009, and 100 such offences in 2010. However, the Committee observed that it is not indicated how many of these offences related to prostitution involved victims under the age of 18. The Committee urges the Government to pursue its efforts to combat and eliminate the worst forms of child labour in Tajikistan, and to continue to provide information on measures taken in this regard. It also requests the Government to take the necessary measures to ensure that up-to-date information on the nature, extent and trends of the worst forms of child labour in the country is made available, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.

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Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work in agricultural activities. The Committee previously noted the Government’s indication that it is prohibited to employ pupils and children in agricultural work during their studies. Nonetheless, the Committee noted the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that this prohibition is routinely ignored by regional, city and district officials. However, the Committee noted the Government’s indication that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC support in 2007, to prevent the use of labour of children between 8 to 14 years.

The Committee notes the Government’s statement that, pursuant to section 26 of the Education Act, schoolchildren and students may not be employed in agricultural work and other work during school time. The Committee also notes the Government’s indication that children are employed most frequently outside of school time, in the summer months, in agricultural work in their village. In this regard, the Committee notes the information from the UN Country Team in the compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 25 July 2011 that progress had been made in enforcing the prohibition of child labour in the annual cotton harvest (A/HRC/WG.6/12/TJK/2, paragraph 31).

However, the Committee notes the Government’s statement that, despite positive developments, some compulsory labour of children still occurs in the country, primarily in rural areas where children are forced to work in sowing and harvesting crops. Moreover, the Committee notes the Government’s statement that children work in arduous conditions during the cotton harvest, in hot temperatures and involving the heavy use of fertilizers and toxic chemicals. The Government further indicates that, after the cotton becomes ripe, the water supply in the farm areas dries up and children are forced to drink water from underground sources and irrigations canals, which can have deleterious health effects. The Committee also notes the Government’s indication in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the incomplete elimination of child labour is due to the lack of the necessary agricultural equipment, and in certain cases, parents make their children perform some types of work. Therefore, while taking note of the Government’s efforts to enforce the prohibition against engaging children in agricultural activities during school time, the Committee must express its concern that the compulsory mobilization of children for work in the harvest continues, and that this work often takes place under hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to eradicate the forced labour of, or hazardous work by, children under 18 years. It requests the Government to take immediate and effective time-bound measures to ensure that the prohibition on engaging children in agricultural activities during school time is enforced in practice. It requests the Government to provide information on the measures taken, in its next report.

Clause (a). Forced recruitment of children in armed conflict. The Committee previously noted the information in the Government’s report to the Committee on the Rights of the Child (CRC) of 2 April 2009 that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide a copy of the Universal Military Service Act, with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 238 of the Criminal Code prohibits the involvement of a person in prostitution through violence, blackmail, fraud or the destruction of property. The Committee also noted that section 166 of the Criminal Code prohibits the involvement of a minor in prostitution or in the production of pornography. However, the Committee observed that the term “minor” in the Criminal Code was not defined. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate if the term “minor” in section 166 of the Criminal Code refers to all persons under the age of 18.

Article 4(1). Determination of hazardous work. The Committee previously noted that section 177(1) of the Labour Code of 1997 prohibits the employment of persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he list of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. The Committee requested information on the development of this list, pursuant to section 177(2) of the Labour Code.

The Committee notes the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138) that Resolution No. 702 “Approving the list of occupational diseases and list of harmful substances and industrial conditions where workers exposed to them are subject to preliminary and regular medical examinations” was adopted on 30 December 2010. However, the Committee observes an absence of information as to whether Resolution No. 702 contains a determination of the types of hazardous work prohibited to persons under 18 years of age, pursuant to section 177(2) of the Labour Code. The Committee accordingly requests the Government to indicate whether Resolution No. 702 establishes the types of hazardous work prohibited to young persons under 18 years and, if so, to provide a copy of this Resolution with its next report. If not, it urges the Government to take the necessary measures to ensure that regulations specifying the types of hazardous work prohibited for young persons under the age of 18 are adopted pursuant to section 177 of the Labour Code in the very near future, in conformity with Article 4(1) of the Convention.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that a unit for combating trafficking in human beings was established in 2004 and that section 7 of the Law on Combating Human Trafficking established the interdepartmental commission on combating trafficking, to increase the effectiveness of the monitoring of human trafficking. However, the Committee noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68).

The Committee notes the Government’s statement that on 3 March 2011, by virtue of Order No. 113, the Government approved the National Act on the Programme for Prevention of Trafficking in Persons. In this regard, the Government indicates that the Ministry of Internal Affairs drew up a plan of measures which was approved by order of the Minister. The Government further indicates that work was intensified concerning the introduction of measures involving regional and international cooperation between countries on the subject of trafficking. The Committee also notes the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR phase II, that this Programme for the Prevention of Trafficking in Persons includes awareness- raising activities on the consequences of trafficking for the general public, including children, as well as awareness raising-activities on human trafficking for senior local government officials and other agencies/organizations.

Nonetheless, the Committee notes the Government’s statement in its report to the UN Human Rights Council for the UPR of 19 July 2011 that it is particularly concerned about the problem of trafficking in persons (A/HRC/WG.6/12/TJK/1 paragraph 55). The Committee also notes with concern the information in the compilation prepared by the OHCHR for the UPR of 25 July 2011 regarding allegations of the involvement of officials in acts of human trafficking (A/HRC/WG.6/12/TJK/2, paragraph 30). The Committee, therefore, urges the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to intensify its efforts, within the framework of the Programme for the Prevention of Trafficking of persons, to strengthen the capacity of law enforcement agencies to combat the sale and trafficking of persons under the age of 18. It requests the Government to provide information on the specific measures taken in this regard, and on the results achieved.

PROACT-CAR and the Child Labour Monitoring System. The Committee previously noted the Government’s participation in the sub-regional ILO–IPEC project entitled “Combating child labour in Central Asia – Commitment becomes action” (PROACT-CAR) from 2005–07, and that PROACT-CAR phase II began in 2008. The Committee also noted that within the framework of the PROACT-CAR phase II, the Child Labour Monitoring System (CLMS) was launched at the Ministry of Labour and Social Protection in April 2009, to monitor, identify and remove children from child labour and its worst forms, and refer these children to educational institutions.

The Committee notes the Government’s statement that, with regard to the prevention of child labour at both the national and local levels, state authorities have carried out an informational campaign among youth and their parents, in addition to holding meetings with teachers on questions concerning combating child labour. In this regard, the Government indicates that ten training courses were held with representatives from parents’ committees, and that 700 posters and 500 booklets were distributed. The Government also indicates that the National Committee of the Commercial Workers’ Union held five training courses in 2010 on the elimination of the worst forms of child labour in the markets in Dushanbe. The Committee further notes the Government’s indication that, with regard to the CLMS, a workplan was established on the coordination between different partners (including governmental agencies, social partners and NGOs) and a preliminary CLMS national framework was drafted. Moreover, the Government indicates that 35 representatives of key governmental agencies, the social partners, NGOs, teachers, and the media participated in a one-day final workshop and that at the end of the workshop, detailed recommendations were made to ensure sustainability of the CLMS and its replication nationwide. Lastly, the Committee notes the Government’s indication that, within the framework of the PROACT CAR phase II, 50 children (21 boys and 29 girls) were identified in four districts of Dushanbe. The Committee notes the information from ILO–IPEC that this included 48 children involved in the worst forms of child labour, and two children at-risk for involvement, and that individual action plans were prepared for each of these children.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication in its report to the CRC of 2 April 2009 that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs, a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62).

The Committee notes the Government’s statement that the high-level of unemployment in the country influences the school attendance of children, as many children are forced (including by their own parents) to work as car washers, porters and street vendors. However, the Government indicates that several measures were taken to improve school attendance. In this regard, the Government indicates that the department on the prevention of crime among youth and young adults (SPPNM) within the Ministry of Internal Affairs may, in the event of the identification of young persons not attending school, undertake remedial measures to get these children back into general education. The Government indicates that 1,533 special inspections were carried out across the country by the SPPNM, through which 8,911 children who were not attending school were identified. In this regard, the Government indicates that the staff of the SPPNM carried out talks and meetings with students and their parents to address these situations.

The Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All that the net enrolment rate for primary education was 97 per cent in 2008. However, the Committee notes that there remain approximately 17,000 out-of-school children of primary school age. The Committee also notes the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011, that while education infrastructure had been improved and public spending on the educational sector had increased, school infrastructure and conditions remain poor and about 85 per cent of schools operate in two to three shifts owing to a chronic lack of school infrastructure (A/HRC/WG.6/12/TJK/2, paragraph 76). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the educational system and to facilitate access to free basic education. It requests the Government to continue to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with regard to reducing the number of out-of-school children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 19 of the Law on Combating Human Trafficking contains provisions outlining the assistance to be given to child victims of trafficking. However, the Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). The Committee requested information on the number of victims under the age of 18 who had benefited from the assistance provided for under the Law on Combating Human Trafficking.

The Committee notes the information in the Government’s report that cooperation is envisaged on the development of education and health programmes to support victims of trafficking through repatriation, rehabilitation and reintegration. The Government also indicates that the Ministry of Internal Affairs provides support to victims of trafficking through the operation of a confidential helpline. The Committee further notes the information from ILO–IPEC, in a document of February 2011 on the PROACT-CAR Phase II that the Programme for the Prevention of Trafficking of Persons includes measures for the training of specialists to provide psycho-social support to victims of trafficking as well as measures to ensure the provision of protection and assistance to child victims of trafficking. However, the Committee also notes the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that there was no formal referral system established for victims of trafficking, and that, as of 2010, there had been no specific budgetary allocations for victim protection (A/HRC/WG.6/12/TJK/2, paragraph 29). The Committee requests the Government to strengthen its efforts, within the framework of the Programme for the Prevention of Trafficking of Persons, to provide for the identification, removal, rehabilitation and social integration of child victims of trafficking, and to provide information on the measures taken in this regard. In addition, noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of identified child victims of trafficking who have received appropriate services for their rehabilitation and social integration.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee previously noted the information in the 2010 UNESCO Global Monitoring Report – Education for All that although the net enrolment rate in secondary education was 87 per cent for boys, only 75 per cent of girls were attending secondary school. The Committee also noted that the CRC, in its concluding observations of 5 February 2010, expressed concern at the increasing number of girls who drop out of school, especially those living in rural areas (CRC/C/TJK/CO/2, paragraph 66). The Committee urged the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system.

The Committee notes the information in the Government’s report that, through the PROACT-CAR Phase II, 38 working children (15 boys and 23 girls) attended certified vocational education courses, and that 13 of the girls participating received state certificates for the completion of these courses. The Committee also notes the information from ILO–IPEC that support was then requested to help these graduating children (over the age of 15) find appropriate employment following their vocational training. However, the Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All that, as of 2008, 88 per cent of the out-of-school children of primary school age were girls. Moreover, the Committee notes the information from the UN Country Team in the compilation prepared by the OHCHR for the UPR of 25 July 2011 that the increased direct cost of education contributed to the low school enrolment and attendance rates of girls (A/HRC/WG.6/12/TJK/2, paragraph 75). The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system or to provide them with appropriate vocational training. It requests the Government to continue to provide information on the results achieved through the initiatives implemented with ILO–IPEC support. It also requests the Government to strengthen its efforts with regard to facilitating access to free basic education for girls, and to provide information on the results achieved, with regard to increasing the enrolment rates and decreasing the drop-out rates of girls.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s indication in its report to the CRC of 21 February 2009 that there were nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicated that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicated that these children often work for adults in hazardous conditions (CRC/C/TJK/CO/2, paragraphs 675–676). However, the Committee noted that, under the PROACT-CAR phase II, an action plan was developed for the protection of working and street children in the Khatlon and Sougd region.

The Committee notes the information in the Government’s report that the inspections carried out by the SPPNM identified 3846 child vagrants and beggars, as well as 362 market porters and 204 street vendors, who were not attending school. The Government indicates that the SPPNM took measures to return these children to school. The Committee also notes the information in the Government’s report that 50 children involved in street work were provided a one-day child rights course by the NGO “Youth House”. Moreover, the Committee notes the information from ILO–IPEC in a document of February 2011 on the PROACT CAR phase II that the action plan “Building the capacity of the CLM Sector in Tajikistan on identification, referral, tracking and protection of children at risk / involved in WFCL (street work)” was implemented in 2010, and that 20 children (five boys and 15 girls) were withdrawn from child labour and 20 children (six boys and 14 girls) were prevented from entering child labour through provision of education-based services. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to pursue its efforts, in collaboration with ILO–IPEC, to ensure that this growing group of children are protected from these worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee noted the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also noted the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution had become more frequent. The Committee further noted the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) was present in both Dushanbe and Kurgan-Tube. It requested the Government to provide information on the application of the Convention in practice.

The Committee notes the information in the Government’s report that the staff of the Ministry of Internal Affairs detected one case of child trafficking in 2009, and 17 such cases in 2010. The Committee also notes the information in the Government report that three offences related to the procuring of a prostitute were detected in 2009 and 2010, in addition to 45 offences detected concerning the organizing or keeping of a brothel or prostitution in 2009, and 100 such offences in 2010. However, the Committee observes that it is not indicated how many of these offences related to prostitution involved victims under the age of 18. The Committee urges the Government to pursue its efforts to combat and eliminate the worst forms of child labour in Tajikistan, and to continue to provide information on measures taken in this regard. It also requests the Government to take the necessary measures to ensure that up-to-date information on the nature, extent and trends of the worst forms of child labour in the country is made available, including data on the prevalence of trafficking, prostitution and hazardous work. To the extent possible, all information provided should be disaggregated by sex and age.

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The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 130-1 of the Criminal Code, as amended in 2003, prohibits the trafficking of human beings. Section 167 of the Criminal Code prohibits specifically the trafficking of minors. The Committee also notes that the Act No. 47, the Law on Combating Human Trafficking (Text No. 454) was adopted in 2004, and contains additional provisions prohibiting the trafficking in persons.

2. Slavery, debt bondage, forced or compulsory labour. (i) General legislative provisions. The Committee notes that article 35 of the Constitution prohibits forced labour, except for “cases defined by law”. The Committee also notes that section 8 of the Labour Code states that forced labour shall be prohibited, and specifies the exceptions to this prohibition: military service pursuant to particular legislation, work necessitated by extraordinary circumstances that jeopardize the life, personal safety or health of the population, and work required as a result of a court sentence.

(ii) Forced or compulsory labour in cotton production. The Committee notes the Government’s indication in its reply to the list of issues raised in connection with its Report to the Committee on the Rights of the Child (CRC) of 7 December 2009, that the Education Act prohibits the employment of pupils and children in agricultural work during their studies (CRC/C/TJK/Q/2/Add.1, paragraph 31). Nonetheless, the Committee also notes the statement in the 2007 UNICEF report entitled “Child Poverty in Tajikistan” that, while the Education Act prohibits engaging students in work, this legislation is routinely ignored by regional, city and district officials (page 8). Moreover, the Committee notes the statement in a 2009 report entitled “Tajikistan: Cotton harvest relies heavily on child labour”, available at the web site of the Office of the UN High Commissioner for Refugees that children harvesting cotton is quite common. This report also indicates that there have been reports of the removal of children from school to engage in cotton picking, including through the use of coercive methods.

The Committee notes the information in the Government’s report that an action plan designed to eliminate the worst forms of child labour in cotton fields of the Khatlon region was implemented with ILO–IPEC cooperation from July to December 2007. The Government indicates that the main goal of the programme was to prevent the use of labour of children between 8 to 14 years through awareness raising and by providing training to the parents’ committees of schools in the Khatlon region. Furthermore, the Committee notes the indication in a 2010 report available at the web site for the Office of the High Commissioner of Refugees (www.unhcr.org) (Interim Trafficking Report) that, following a presidential decree issued in April 2009 banning the use of student labour in the cotton harvest, there has been a decline in the forced labour of children. However, this report indicates that there were still reports of this occurring, and few reports of efforts to investigate, prosecute, convict or punish local governmental officials who forced children to work. The Committee expresses its serious concern at reports of the forced labour of school children in cotton harvesting and urges the Government to redouble its efforts to eradicate this form of forced labour of children under 18 years. In this regard, it requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the progress made in this regard in its next report.

3. Forced recruitment in armed conflict. The Committee notes the information in the Government’s report to the CRC of 2 April 2009 (CRC Report) that, pursuant to the Universal Military Service Act, a young person may not volunteer for the army until he or she has reached the age of 18 (CRC/C/TJK/2, paragraph 94). The Government also indicates in its CRC Report that young persons may be conscripted from the age of 18 (CRC/C/TJK/2, paragraph 95). The Committee requests the Government to provide a copy of the Universal Military Service Act with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that section 238 of the Criminal Code prohibits involving a person in prostitution through violence, blackmail, fraud or destruction of property. The Committee also notes that section 166 of the Criminal Code prohibits involving a minor in prostitution or in the production of pornography. However, the Committee observes that the term “minor” in the Criminal Code is not defined. The Committee requests the Government to indicate if the term “minor” refers to all persons under the age of 18.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 165 of the Criminal Code prohibits involving a minor in the commission of a crime using promises, threats or other means. The Committee also notes that, pursuant to section 200 of the Criminal Code, it is a crime to manufacture, process, buy or transport narcotics or psychotropic substances. Lastly, the Committee notes that section 166 prohibits the involvement of a minor in various “anti-social” activities, including vagrancy and begging.

Article 3. Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that section 177(1) of the Labour Code of 1997 prohibits employing persons under the age of 18 years in arduous jobs, work with dangerous conditions, underground work, work with heavy lifting, and work which may harm the health or the moral development of the worker. Section 177(2) of the Labour Code further provides that “[t]he List of work with unfavourable labour conditions” for which the employment of persons under 18 is prohibited “shall be established by legislative and other normative acts”. However, the Committee notes an absence of information in the Government’s report on the establishment of a list in this regard. The Committee therefore requests the Government to provide information on the development of a list, pursuant to section 177(2) of the Labour Code, outlining the conditions of prohibited work for persons under 18. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations in the development of this list, and to provide a copy of this list, with its next report.

Articles 5 and 6. Monitoring mechanisms and programmes of action to eliminate the worst forms of child labour. 1. PROACT-CAR and the Child Labour Monitoring Unit. The Committee notes that the Government of Tajikistan participated in the subregional ILO–IPEC project entitled “Combating child labour in Central Asia – Commitment becomes action” (PROACT-CAR) (2005–07), which aimed at enhancing the capacity of national institutions in the region to eliminate the worst forms of child labour. The Committee also notes that PROACT-CAR phase II began in 2008. The Committee further notes the information from the ILO–IPEC document entitled “Activities for the elimination of child labour in Tajikistan 2005–09” that, within the framework of the PROACT-CAR phase II, the Child Labour Monitoring Unit (CLMU) was launched at the Ministry of Labour and Social Protection in April 2009 (page 5). The CLMU focuses on monitoring, identifying and removing children from child labour and its worst forms, and refers them to educational institutions. This document indicates that, thus far, 230 children have been identified and referred to non-formal education and vocational courses. The Committee requests the Government to continue to provide information on the activities of the CLMU, particularly with regard to the monitoring of the worst forms of child labour. In this regard, it requests the Government to provide information on the number of children removed from these worst forms by the CLMU, and the number of children currently benefiting from CLMU services.

2. Trafficking. The Committee notes the information in the 2009 UNODC report entitled “Global Report on Trafficking in Persons” (UNODC Report) that the Government adopted a national action plan against trafficking in persons 2006–10. The Committee also notes the Government’s indication in its CRC Report that, in 2004, a unit for combating trafficking in human beings was established within the Organized Crime Directorate of the Ministry of Internal Affairs. The Committee further notes that, pursuant to section 7 of the Law on Combating Human Trafficking, an interdepartmental commission on combating trafficking was established for the purpose of developing state policy for combating trafficking, and to increase the effectiveness of detection and suppression mechanisms.

However, the Committee notes the statement in the 2009 report on trafficking in persons, available at the web site of the Office of the High Commissioner of Refugees (www.unhcr.org) (Trafficking Report) that there is poor coordination in the monitoring of trafficking, particularly between law enforcement and security institutions with overlapping responsibilities. The Trafficking Report further indicates that corruption hinders efforts to combat trafficking, and that there has been a failure to investigate, prosecute or convict officials complicit with traffickers. The Committee further notes that the CRC, in its concluding observations of 5 February 2010, expressed concern that the Government does not adequately prosecute or convict perpetrators complicit in trafficking (CRC/C/TJK/CO/2, paragraph 68). The Committee expresses its deep concern at allegations of complicity of law enforcement officials with human traffickers, and requests the Government to take immediate measures to strengthen the monitoring mechanisms of trafficking to ensure that perpetrators of human trafficking, and complicit law enforcement officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on measures taken to this end, particularly with regard to the activities of the unit for combating trafficking in human beings and the interdepartmental commission on combating trafficking. Lastly, the Committee requests the Government to provide information on the measures taken, within the framework of the national action plan against trafficking in persons, to combat the sale and trafficking of persons under the age of 18, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication in its CRC Report that primary and secondary education is free and compulsory for children between 7 and 16 years of age (CRC/C/TJK/CO/2, paragraph 89). However, the Committee notes the information in the IOM report entitled “Labour Laws and Employment Practices affecting Children in Central Asia, Baseline Survey” (IOM Survey) that, although the legislation provides for free education for everyone, almost all schools charge their students for textbooks and meals, and some have even introduced fees to supplement (or replace) wages of the teachers, unpaid by the State. The IOM Survey also contained a study that indicated that 59 per cent of parents surveyed could not cover all of the educational expenses of their children. Furthermore, the Committee notes the information in the 2010 UNESCO report entitled “Education For All: Global Monitoring Report” (UNESCO Report) that there were approximately 17,000 out-of-school children at primary school age in 2007 and that the net enrolment rate in secondary education was 81 per cent. Lastly, the Committee notes that the CRC, in its concluding observations of 5 February 2010, expressed its concern that education in Tajikistan was hampered by poor attendance, an increasing number of drop-outs (particularly among girls in rural areas), a lack of access to education for children from low-income families, a lack of resources (including insufficient infrastructure) and a low quality of teachers (CRC/C/TJK/CO/2, paragraph 62). Considering that education contributes to the prevention of the engagement of children in the worst forms of child labour, the Committee requests the Government to redouble its efforts to improve the functioning of the education system and to provide access to free basic education, in particular for children from low-income families and rural areas. It also requests the Government to provide information on the time-bound measures taken in this regard, in addition to the impact of these measures, particularly with respect to increasing school enrolment rates and decreasing drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes that section 19 of the Law on Combating Human Trafficking contains provisions outlining the assistance to be given to child victims of trafficking: that all measures taken are in the child’s best interest, that child victims who are asylum seekers are housed separately from adults, that these children have access to educational services and that measures should be taken to reunite the victims with their parents, as appropriate. The Committee also notes the information in the Interim Trafficking Report that the Government has increased its diplomatic staffing in the United Arab Emirates and Russia, to assist trafficking victims with their repatriation. However, the Committee also notes the information in the Trafficking Report that, while there are foreign funded shelters providing assistance to trafficking victims in Tajikistan, the Government does not provide any financial or in-kind assistance to these organizations, and that the Government has yet to develop and implement a system for victim identification or for referring victims of trafficking to care providers. Lastly, the Committee notes that the CRC, in its concluding observations of 5 February 2010, expressed concern that child victims of trafficking did not have adequate access to protection (CRC/C/TJK/CO/2, paragraph 68). Therefore, the Committee requests the Government to take the necessary measures, within the framework of the provisions of section 19 of the Law on Combating Human Trafficking to provide for the identification, removal, rehabilitation and social reintegration of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved, including the number of victims under the age of 18 benefitting from such services.

Clauses (c) and (e). Providing access to education to children removed from the worst forms of child labour and taking account of the special situation of girls. The Committee notes the information in the UNESCO Report that, although the net enrolment rate in secondary education was 87 per cent for boys, only 75 per cent of girls were attending secondary school. The Committee also notes that the CRC, in its concluding observations of 5 February 2010, expressed concern at the increasing number of girls who drop out of school, especially those living in rural areas (CRC/C/TJK/CO/2, paragraph 66). In this regard, the Committee notes the information in the 2006 ILO–IPEC planning document for the action programme entitled “Elimination of the worst forms of child labour: Taking into account the special situation of girls” that this project plans to provide educational support and vocational training to girls involved in, or at risk of involvement in, the worst forms of child labour by reintegrating them back into the education system. The project targets 420 vulnerable girls (260 in Dushanbe and 160 in Kurgan-Tube), who are involved (or at a risk of involvement) in the worst forms of child labour. The Committee urges the Government to continue to take measures to reintegrate girls removed from the worst forms of child labour back into the educational system. It requests the Government to provide information on the results achieved through the ILO–IPEC action programme and through any other ongoing projects implemented to this end.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes the Government’s indication in the CRC Report of 21 February 2009 that there are nearly 3,000 children who spend most of their days on the street in Dushanbe (CRC/C/TJK/CO/2, paragraph 659). The Government indicates that the majority of these children were working and that these children engaged in begging, selling small items, washing cars, work as porters in the markets and also sometimes in sex work. Moreover, the Government indicates that these children often work for adults in hazardous conditions and are victims of various forms of aggression (CRC/C/TJK/CO/2, paragraphs 675–676). The Committee also notes the statement in the IOM Survey that the number of children working and begging on the street is increasing in Dushanbe and in other cities in Tajikistan. The IOM Survey also indicates that these street children work long days performing exhausting work that may be hazardous to their health (page 26). The Committee further notes the information in the ILO–IPEC Technical Progress Report of 15 January 2009 for the project PROACT-CAR phase II that an action plan was developed for the protection of working and street children from exploitation, violence and abuse in the Khatlon and Sougd region. Recalling that street children are at an increased risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure that this growing group of children are protected from these worst forms. It also requests the Government to provide information on the results achieved through the action plan developed for the Khatlon and Sougd region.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that child labour remains one of the most urgent problems in Tajikistan. In this regard, the Committee notes the information in the 2005 ILO–IPEC study entitled “Rapid assessment of child labour in urban areas of Tajikistan” (Rapid Assessment) that, of the working children interviewed, 43 per cent used inadequate or dangerous equipment, 48 per cent always worked outside (regardless of the weather) and 1 per cent of these children worked for more than eight hours a day. The Committee also notes the information from the Ministry of Interior in the IOM Survey that cases of child trafficking and organized prostitution have become more frequent. The Committee further notes the information in the Rapid Assessment that child prostitution involving both boys and girls (generally between the ages of 13–18) is present in both Dushanbe and Kurgan-Tube. In addition, the Committee notes the information in the 2009 UNODC Report  that authorities recorded nine victims of trafficking under the age of 18 in 2005 and 12 such victims in 2006. The Committee expresses its concern at the significant number of children who are victims of the worst forms of child labour in Tajikistan, particularly trafficking, commercial sexual exploitation and hazardous work and urges the Government to redouble its efforts to eliminate these worst forms. The Committee also requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.