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

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

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

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

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

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