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

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

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and the application of the Convention in practice. Clause (a). Sale and trafficking of children. The Committee previously noted that section 149 of the Criminal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, and use in armed conflict and labour exploitation. Subsection 2 provides for a higher penalty when this offence is committed against a minor. However, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53), trafficking in children through and from Ukraine was a major problem. In respect of cross-border trafficking, girls were sent to the Czech Republic, Italy, Poland, Russian Federation, Turkey and United Arab Emirates. Boys were sent to the Republic of Moldova, Poland, Romania, Russian Federation and Turkey. Children trafficked across borders were exploited in street vending, domestic labour, agriculture, dancing, employment as waiters and for sexual services. The Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 80), remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe. The Committee requested the Government to strengthen its efforts to ensure in practice, the protection of children under 18 years of age from the sale and trafficking of children for labour or sexual exploitation.

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

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

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

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

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