Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 3 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. Noting the lack of information on this issue in the Government’s report, the Committee requests it to provide information on the effective application of section 301 (import, manufacture, sale and dissemination of pornographic material), section 302 (maintenance of brothels and procurement) and section 303 (pimping or involvement of another in prostitution) of the Criminal Code, as regards cases involving children. It once again requests the Government to provide statistical information on the number and nature of violations reported in this respect, investigations and prosecutions carried out, and convictions and criminal penalties imposed.

Article 6. Programmes of action and removal of children from the worst forms of child labour. Trafficking of children. With respect to information regarding the elaboration, adoption and implementation of new plans of action against trafficking, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate 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 absence of information in the Government’s report regarding the Committee’s previous request that it provide information on any progress made regarding measures taken to improve the identification of child victims of trafficking, considering that there were significant practical shortcomings in this regard.

The Committee notes that, according to the Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (GRETA), an unprecedented movement of people were forced to flee Ukraine since the start of the war (90 per cent of whom are women and children), and front-line civil society organizations, specialized NGOs and journalists have sounded the alarm over suspected cases of human trafficking. According to the GRETA Guidance Note on addressing the risks of trafficking in human beings related to war in Ukraine and the ensuing humanitarian crisis, issued on 4 May 2022, presumed victims of human trafficking among refugees from Ukraine have already been detected in several states. GRETA’s recommended actions include, but are not limited to: (1) raising awareness among all front-line responders and professionals involved in the registration, assistance and integration of people fleeing the war in Ukraine and providing them with guidance, tools and indicators on how to detect potential victims, notably among children; (2) as a matter of urgency, ensuring that all unaccompanied and separated children are registered and benefit immediately from effective protective care arrangements; and (3) developing coordinated plans with civil society for providing safe housing, food, psychological and medical assistance, social services, interpretation and provision of information on trafficked persons’ rights, with particular attention in cases where children are involved.

The Committee observes that, according to the Government’s report under Convention No. 29, preventing and combating child trafficking is a priority for the the Migration Police Department (MPD) during the war. The MPD has participated in four pan-European operations to combat human trafficking as part of the implementation of the Operational Action Plans of the European Multidisciplinary Platform against Criminal Threats (EMPACT), the first one of which concerned operations to combat child trafficking in June 2022. The MPD plans to participate in these operations in 2023 as well. In order to implement relevant preventive measures, the MPD has also established cooperation with the Ministry of Foreign Affairs and the National Social Service of Ukraine. In addition, the MPD is cooperating with law enforcement agencies across Europe on the prevention of human trafficking of temporarily displaced Ukrainian citizens, such as in Poland where they visited children’s institutions and Spain where visits were made to two boarding schools. The Committee requests the Government to provide information on the impact of the measures taken by the MPD on improving the identification and protection of child victims of trafficking. It once again encourages the Government to take specific measures, such as the use of indicators and tools, in order to ensure that child victims of trafficking are effectively and systematically identified. It also once again requests the Government to provide more detailed information regarding the protection of child victims of trafficking in persons, including the number of child victims identified, and the types of assistance and services provided to them.