Worst Forms of Child Labour Convention, 1999 (No. 182) - North Macedonia (Ratification: 2002)

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

Previous comment

Articles 3(a) and 7(1) of the Convention. Trafficking in children and penalties. Following its previous comments, The Committee notes that, according to the report of the Group of Experts on Action against Trafficking in Human Beings on North Macedonia of 2023 (GRETA report), and according to official statistics: (1) in 2017 one criminal charge was brought against a man for trafficking for the purpose of forced begging committed against a boy; (2) in 2018, there were two criminal charges against six persons (four women and two men) for trafficking for sexual and labour exploitation committed against three girls; (3) in 2019 there were three criminal charges brought against six persons (two women and four men) for trafficking for sexual exploitation and forced marriage committed against three girls; (4) in 2020 there was no criminal charge for human trafficking; and (5) in 2021 criminal charges were brought against three persons (one woman and two men) for child trafficking. None of these cases involved public officials or legal persons.

The GRETA report also contains information on the judgments issued and penalties applied in cases of child trafficking: between November 2017 and February 2022, 12 cases concerning child trafficking were dealt with by the Basic Criminal Court Skopje 1, and the sanctions imposed by the Court involved imprisonment ranging between four and 12 years. However, GRETA notes that in the majority of the child trafficking cases (7 out of 12), the sentences were well below the statutory minimum. The Committee requests the Government to pursue its efforts to combat trafficking in children, and to continue to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. It also requests the Government to provide information regarding the reasons why the penalties applied to perpetrators of child trafficking are often below the statutory minimum (as provided for pursuant to section 418(d) of the Criminal Code).

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that, with the support of the International Organization for Migration (IOM), five Mobile Teams continue to work on the identification of victims and potential victims of trafficking in Bitola, Gevgelija, Kumanovo, Skopje and Tetovo. Mobile Teams are composed of social workers, investigators and psychologists and are established in the five cities where trafficking has been found to be the most prevalent. They are the first to come into contact and receive information about potential victims of human trafficking. The Committee further notes, according to the Government’s information, that the National Commission for Combating Trafficking in Human Beings and Illegal Migration adopted a decision, in April 2022, to establish an Operational Team for coordination, monitoring and management of cases of human trafficking, formal identification of victims and their status (Operational Team). A Subgroup on Combating Child Trafficking was also established and developed an operational plan 2021–22. The Committee requests the Government to provide information on the activities carried out by the Mobile Teams, the Operational Team and the Subgroup on Combating Child Trafficking with regard to the monitoring of trafficking of children for labour and sexual exploitation. It requests the Government to provide information on the number of child victims of trafficking these bodies have identified, and on other results achieved.

Article 6. Programmes of action. Action Plan for Combating Trafficking of children. Following its previous comments, the Committee notes the Government’s information, in its report, that it has adopted the Strategy and Action Plan for Combating Trafficking in Human Beings and Illegal Migration (2021–2025). With regard to the implementation and assessment of the Strategy and Action Plan for Combating Trafficking in Human Beings and Illegal Migration (2021–25), the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

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

Previous comment

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children in street situations. Following its previous comments, the Committee notes the Government’s indication that the problem of children in street situations is still current. According to the Government, these children do not live in the streets, but the economic situation of their families and lack of parental care is such that they beg, wander and work on the streets. The largest percentage of children found in the streets are Romas, followed by children of Macedonian, Albanian, Turkish and other nationalities. Their most common activities include collecting objects and other small work-related activities, but also begging, theft and prostitution.

The Government shares information on the measures taken to address this issue. Firstly, it is taking measures to improve the well-being of children generally, which includes children in street situations, through a comprehensive reform of the social and child protection systems 2018–19, which includes the preparation of a new Law on Social Protection and amendments to the Law on the Protection of Children, aimed at redesigning the social protection system and reducing poverty, especially child poverty. The Government is also taking measures to protect children in street situations by helping their parents through awareness-raising, education and employment. Moreover, the Government indicates that a Protocol for intersectoral cooperation for dealing with street children was adopted in 2022, the preparation of which was led by the Ministry of Labour and Social Policy (MoLSP), along with the Ministries of Interior, Justice, Education and Science, and Health, and non-governmental organizations. In addition, the Government indicates that the MoLSP, in coordination with the Ministry of Interior, formed mobile teams within the centres for social work that prepared monthly plans to conduct field visits in order to suppress the phenomenon of begging. The Government indicates that, in 2022, 90 new cases of children in street situations were registered, 22 warnings to parents issued, and 60 children placed in day care centres while 4 were placed in small group homes.

The Committee notes, however, that according to the report of the Group of Experts on Action against Trafficking in Human Beings on North Macedonia of 2023 (GRETA report, para. 173), the work of the mobile teams and day care centres and other programmes to reduce the school dropout and increase the number of children enrolled in school have not significantly reduced child begging or the number of children in street situations, especially among Roma children. While taking due note of the measures taken by the Government, the Committee requests the Government to continue its efforts to protect children in street situations from the worst forms of child labour. It requests the Government to continue to provide information on the results achieved, particularly in terms of the number of children removed from the streets and who have benefited from rehabilitation and social integration.

Roma children. Following its previous comments, the Committee notes the Government’s information regarding the measures it is taking to promote the right to education of the Roma community. In particular, the Committee notes that the Government has developed and adopted the new Strategy for Inclusion of Roma 2022-2030, in the framework of which national action plans were drawn up for the realization of their most pressing rights, such as education, health, housing and employment. The Government also indicates that the Ministry of Education continues to increase funds for the support and implementation of Roma educational policies through its two- budget programme, which ensures an increase in the coverage of Roma children in primary education; a reduction in the number of students who drop out of school; a reduction in the number of Roma students enrolled in schools for children with special needs; a fight against social exclusion; and the promotion of intercultural education. Other measures shared by the Government, in its report, include the increase of Roma educational mediators and the awarding of scholarships to Roma high school students (5,122 in total between 2017–18 and 2022–23).

While taking note of these measures, the Committee takes note of the 2018–19 UNICEF Multiple Indicator Cluster Survey, according to which, while primary and secondary school attendance rates are high among the general population, only 39 per cent of Roma children were attending secondary education. According to a 2020 UNICEF Analysis on the situation of women and children in North Macedonia, children from Roma communities continue to face barriers to regular and quality education and training: an estimated 10 per cent of children from Roma communities do not regularly attend primary school. Taking due note of the measures taken by the Government, the Committee encourages the Government to continue taking measures to ensure the protection and social inclusion of Roma children, and to facilitate their access to free basic education. In this regard, it requests the Government to provide information on the results and assessment of the implementation of theStrategy for Inclusion of Roma 2022-2030. It also requests the Government to continue providing information on the results achieved through its various measures related to education, particularly with regard to increasing school enrolment rates and reducing school drop-out rates for Roma students.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 6 of the Convention. Programmes of action. 1. Action Plan for Combating Trafficking of children. The Committee previously noted the Government’s information that, a national strategy for the fight against human trafficking and illegal migration and combating child trafficking was prepared for 2013–16, as well as a national action plan (NAP) for the same period. The Committee noted, however, that in its concluding observations, the CRC expressed its concern that plans and programmes on human trafficking were poorly coordinated.

The Committee notes from the Government’s report that, the preparation of evaluation of the NAP and the National Strategy to combat human trafficking and illegal migration is ongoing. The independent evaluator will provide an assessment of the impact of measures and actions undertaken, as well as recommendations for the preparation of new ones.The Committee therefore requests the Government to provide information on the assessment of the impact of measures taken within the framework of the NAP and the national strategy for the fight against human trafficking and illegal migration on combating child trafficking once it is available. The Committee also requests the Government to provide information on the progress made regarding the preparation of a new NAP and the national strategy.

2. National Action Plan for the Rights of Children. The Committee previously noted the adoption of the National Action Plan for the Rights of Children 2006–15 in March 2006, and that this Plan included strategies to address the worst forms of child labour. The Committee noted, however, that the CRC expressed concern at the slow pace of implementation of this National Plan of Action and that no specific funds had been earmarked for this purpose.

The Committee notes that the Government has adopted a new National Action Plan for the Rights of Children for 2012–15 in cooperation with UNICEF, which replaced the previous one. The revised Action Plan provides for progressive action in facilitating the provision of services such as free health care and free education, as well as for strategies focusing on equity, inclusion and efficiency.The Committee requests the Government to provide information on the implementation of the National Plan for the Rights of Children 2012–15, as well as the results achieved, particularly with respect to the prevention and elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Roma children. The Committee previously noted the Government’s information that the MLSP coordinated for the Project of Inclusion of Roma Children in the public municipal institutions, kindergartens and preschool education. In this regard, the Government indicated that, in 2012–13, 425 Roma children were registered in kindergartens with state funding. Moreover, in the framework of the Roma student scholarship programmes, in 2011–12, there were 591 high-school scholarship recipients, of which only five had dropped out of school. In 2012–13, 593 students participated in the scholarship and tutoring programmes. However, the Committee also noted that, in its concluding observations of 22 March 2013, the Committee on the Elimination and Discrimination against Women (CEDAW), expressed its concern at the drop-out rates of Roma girls and noted the low number of Roma girls in higher education as well as the lack of measures taken to ensure their access to education. The CEDAW was further concerned that there was a disproportionately high number of Roma children, including girls, in schools for children with special needs (CEDAW/C/MKD/CO/4-5, paragraph 29). 

The Committee notes the Government’s information in its report that, the number of Roma students enrolled in primary school amounted to 9,615 children in the school year 2013–14 and 9,506 in 2014–15, but decreased to 8,737 children in 2015–16 due to the restructuration of primary education. Moreover, in 2013–14, among 700 Roma students who completed primary school, 79 per cent continued their secondary education, while in 2014/15, 631 Roma students completed primary school, of which 83.04 per cent continued their secondary education. The Committee also notes that, the Ministry of Education and Science through the Community Education Administration allocated an average of 600 scholarships for Roma students in secondary education, and has provided additional support through mentoring and tutoring over the past seven years. In higher education, the first 32 scholarships were awarded to Roma students in 2015–16, with a preference for those studying at faculties that train teaching staff. However, the Committee further notes that, in 2013–14, among 125 scholarship recipients who completed secondary education, 78 continued higher education; while in 2014–15, 99 scholarship recipients completed secondary education, of which only 36 continued higher education.Taking due note of the measures taken by the Government, the Committee encourages the Government to continue its efforts with regard to facilitating access to education for Roma students, particularly girls. It also requests the Government to continue providing information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 3(a), 5 and 7(1) of the Convention. Trafficking in children, monitoring mechanisms and penalties. The Committee notes the Government’s information in its report that, section 12 of the Law on Child Protection (amended in 2013) prohibits the sale and trafficking of children, in addition to the relevant provisions in the Criminal Code. The Committee also notes the Government’s information that, in 2014, 18 perpetrators were accused and convicted of child trafficking, while in 2015, six perpetrators were accused and convicted.

The Committee also notes the Government’s indication that a training for representatives of professional services on the prevention of human trafficking was conducted by the Public Institutions of Social Protection for Children at Risk, involving 14 employees in four institutions. Moreover, another training was conducted for police officers and social workers with 75 participants, focusing on the identification and referral of potential victims of human trafficking. In addition, a training has also been provided to foster families for ten caregivers regarding direct assistance and protection of child trafficking victims. The Committee also notes that the National Commission for Combating Human Trafficking keeps a database on all types of exploitation of victims of human trafficking. In 2015, three victims of human trafficking subjected to sexual and labour exploitation were identified, of which two were children.The Committee requests the Government to pursue its efforts to combat trafficking in children, and to continue to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. It also requests the Government to pursue its efforts to ensure that victims of child trafficking are provided with appropriate protection and services. Lastly, the Committee encourages the Government to continue its efforts to strengthen the capacity of the mechanisms in place to ensure the effective monitoring and identification of child victims of trafficking.

Article 3(c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted that the Law on the Protection of Children did not penalize adults who use children for the illegal production and trafficking of drugs. The Committee noted the Government’s statement that the relevant governmental institutions were taking the necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. It requested the Government to take the necessary measures to ensure that the use of a child for illicit activities, particularly the production and trafficking of drugs, is prohibited.

The Committee notes with satisfaction that section 12 of the Law on the Protection of Children, which was amended in 2015, prohibits any illicit activities and the use of child labour for the production and trafficking of drugs, and psychotropic substances.The Committee requests the Government to provide information on the application in practice of section 12 of the Law on the Protection of Children, including the number and nature of infringements, investigations, prosecutions, convictions and sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Committee previously noted that, according to data from the Ministry of Labour and Social Policy (MLSP), there were approximately 1,000 children in street situations in the country, 95 per cent of whom were Roma, and that labour exploitation and begging contributed to this phenomenon. The Committee further noted the Government’s information on the measures adopted to protect children in street situations, including the expansion of the network of daily centres for street children. The Government also indicated that, in 2012, a national SOS helpline was created in order to receive calls from citizens who want to report on children in street situations.

The Committee notes the Government’s information that the problem of children in street situations is becoming more prevalent. The MLSP is responsible for taking measures to reduce the number of street children. To date, the MLSP has opened four day centres for street children in Skopje, Bitola and Prilep, as well as a 24-hour transit centre in Ohrid. Moreover, the MLSP financially supported a day care centre managed by a civil association in Shuto Orizari. The Committee further notes the Government’s statement according to which it is often the parents who use their children to beg with them or make their children beg. Thus, the amendments to the Law on Family of 2014 provide that inducing a child to beg or using a child for begging shall be considered as abuse or severe neglect in the performance of parental duties, in which case the Centre of Social Work shall intervene. Depending on the situation, measures may include professional advice, constant supervision, temporary guardianship of the concerned child by the social work centre, and proceedings to withdraw parental rights or to file a criminal complaint before a competent court.While taking due note of the measures taken by the Government, the Committee strongly encourages the Government to continue its efforts to protect children in street situations from the worst forms of child labour, and once again requests it to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 6 of the Convention. Programmes of action. 1. Action Plan for Combating Trafficking of children. The Committee previously noted the Government’s information that, a national strategy for the fight against human trafficking and illegal migration and combating child trafficking was prepared for 2013–16, as well as a national action plan (NAP) for the same period. The Committee noted, however, that in its concluding observations, the CRC expressed its concern that plans and programmes on human trafficking were poorly coordinated.

The Committee notes from the Government’s report that, the preparation of evaluation of the NAP and the National Strategy to combat human trafficking and illegal migration is ongoing. The independent evaluator will provide an assessment of the impact of measures and actions undertaken, as well as recommendations for the preparation of new ones. The Committee therefore requests the Government to provide information on the assessment of the impact of measures taken within the framework of the NAP and the national strategy for the fight against human trafficking and illegal migration on combating child trafficking once it is available. The Committee also requests the Government to provide information on the progress made regarding the preparation of a new NAP and the national strategy.

2. National Action Plan for the Rights of Children. The Committee previously noted the adoption of the National Action Plan for the Rights of Children 2006–15 in March 2006, and that this Plan included strategies to address the worst forms of child labour. The Committee noted, however, that the CRC expressed concern at the slow pace of implementation of this National Plan of Action and that no specific funds had been earmarked for this purpose.

The Committee notes that the Government has adopted a new National Action Plan for the Rights of Children for 2012–15 in cooperation with UNICEF, which replaced the previous one. The revised Action Plan provides for progressive action in facilitating the provision of services such as free health care and free education, as well as for strategies focusing on equity, inclusion and efficiency. The Committee requests the Government to provide information on the implementation of the National Plan for the Rights of Children 2012–15, as well as the results achieved, particularly with respect to the prevention and elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Roma children. The Committee previously noted the Government’s information that the MLSP coordinated for the Project of Inclusion of Roma Children in the public municipal institutions, kindergartens and preschool education. In this regard, the Government indicated that, in 2012–13, 425 Roma children were registered in kindergartens with state funding. Moreover, in the framework of the Roma student scholarship programmes, in 2011–12, there were 591 high-school scholarship recipients, of which only five had dropped out of school. In 2012–13, 593 students participated in the scholarship and tutoring programmes. However, the Committee also noted that, in its concluding observations of 22 March 2013, the Committee on the Elimination and Discrimination against Women (CEDAW), expressed its concern at the drop-out rates of Roma girls and noted the low number of Roma girls in higher education as well as the lack of measures taken to ensure their access to education. The CEDAW was further concerned that there was a disproportionately high number of Roma children, including girls, in schools for children with special needs (CEDAW/C/MKD/CO/4-5, paragraph 29). 

The Committee notes the Government’s information in its report that, the number of Roma students enrolled in primary school amounted to 9,615 children in the school year 2013–14 and 9,506 in 2014–15, but decreased to 8,737 children in 2015–16 due to the restructuration of primary education. Moreover, in 2013–14, among 700 Roma students who completed primary school, 79 per cent continued their secondary education, while in 2014/15, 631 Roma students completed primary school, of which 83.04 per cent continued their secondary education. The Committee also notes that, the Ministry of Education and Science through the Community Education Administration allocated an average of 600 scholarships for Roma students in secondary education, and has provided additional support through mentoring and tutoring over the past seven years. In higher education, the first 32 scholarships were awarded to Roma students in 2015–16, with a preference for those studying at faculties that train teaching staff. However, the Committee further notes that, in 2013–14, among 125 scholarship recipients who completed secondary education, 78 continued higher education; while in 2014–15, 99 scholarship recipients completed secondary education, of which only 36 continued higher education. Taking due note of the measures taken by the Government, the Committee encourages the Government to continue its efforts with regard to facilitating access to education for Roma students, particularly girls. It also requests the Government to continue providing information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a), 5 and 7(1) of the Convention. Trafficking in children, monitoring mechanisms and penalties. The Committee notes the Government’s information in its report that, section 12 of the Law on Child Protection (amended in 2013) prohibits the sale and trafficking of children, in addition to the relevant provisions in the Criminal Code. The Committee also notes the Government’s information that, in 2014, 18 perpetrators were accused and convicted of child trafficking, while in 2015, six perpetrators were accused and convicted.

The Committee also notes the Government’s indication that a training for representatives of professional services on the prevention of human trafficking was conducted by the Public Institutions of Social Protection for Children at Risk, involving 14 employees in four institutions. Moreover, another training was conducted for police officers and social workers with 75 participants, focusing on the identification and referral of potential victims of human trafficking. In addition, a training has also been provided to foster families for ten caregivers regarding direct assistance and protection of child trafficking victims. The Committee also notes that the National Commission for Combating Human Trafficking keeps a database on all types of exploitation of victims of human trafficking. In 2015, three victims of human trafficking subjected to sexual and labour exploitation were identified, of which two were children. The Committee requests the Government to pursue its efforts to combat trafficking in children, and to continue to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. It also requests the Government to pursue its efforts to ensure that victims of child trafficking are provided with appropriate protection and services. Lastly, the Committee encourages the Government to continue its efforts to strengthen the capacity of the mechanisms in place to ensure the effective monitoring and identification of child victims of trafficking.

Article 3(c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted that the Law on the Protection of Children did not penalize adults who use children for the illegal production and trafficking of drugs. The Committee noted the Government’s statement that the relevant governmental institutions were taking the necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. It requested the Government to take the necessary measures to ensure that the use of a child for illicit activities, particularly the production and trafficking of drugs, is prohibited.

The Committee notes with satisfaction that section 12 of the Law on the Protection of Children, which was amended in 2015, prohibits any illicit activities and the use of child labour for the production and trafficking of drugs, and psychotropic substances. The Committee requests the Government to provide information on the application in practice of section 12 of the Law on the Protection of Children, including the number and nature of infringements, investigations, prosecutions, convictions and sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Committee previously noted that, according to data from the Ministry of Labour and Social Policy (MLSP), there were approximately 1,000 children in street situations in the country, 95 per cent of whom were Roma, and that labour exploitation and begging contributed to this phenomenon. The Committee further noted the Government’s information on the measures adopted to protect children in street situations, including the expansion of the network of daily centres for street children. The Government also indicated that, in 2012, a national SOS helpline was created in order to receive calls from citizens who want to report on children in street situations.

The Committee notes the Government’s information that the problem of children in street situations is becoming more prevalent. The MLSP is responsible for taking measures to reduce the number of street children. To date, the MLSP has opened four day centres for street children in Skopje, Bitola and Prilep, as well as a 24-hour transit centre in Ohrid. Moreover, the MLSP financially supported a day care centre managed by a civil association in Shuto Orizari. The Committee further notes the Government’s statement according to which it is often the parents who use their children to beg with them or make their children beg. Thus, the amendments to the Law on Family of 2014 provide that inducing a child to beg or using a child for begging shall be considered as abuse or severe neglect in the performance of parental duties, in which case the Centre of Social Work shall intervene. Depending on the situation, measures may include professional advice, constant supervision, temporary guardianship of the concerned child by the social work centre, and proceedings to withdraw parental rights or to file a criminal complaint before a competent court. While taking due note of the measures taken by the Government, the Committee strongly encourages the Government to continue its efforts to protect children in street situations from the worst forms of child labour, and once again requests it to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted that section 6(2) of the Law on the Protection of Children did not include penalizing adults who use children for the illegal production and trafficking of drugs. The Committee noted the Government’s statement that the relevant governmental institutions were taking the necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to take the necessary measures to ensure that the use of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs, is prohibited, as a matter of urgency.

Article 4(1) of the Convention. Determination of types of hazardous work. The Committee previously urged the Government to take the necessary measures to ensure that the draft regulation, containing the list of types of work prohibited to persons under the age of 18, was enacted.

The Committee notes with interest the Government’s indication that the Rulebook on the minimal requirements for safety and health during work for young workers was adopted and published on 15 November 2012. The Rulebook prescribes the minimum occupational safety and health requirements for employees younger than 18 years of age. In addition, the Rulebook prescribes the list of harmful factors and working conditions to which young workers should not be exposed. This list includes: activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. This list also includes: jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern that children are trafficked for various purposes to, from and within the borders of the country (CRC/C/MKD/CO/2, paragraph 75).

The Committee notes the Government’s information that the subgroup for the fight against human trafficking, which consists of representatives of ministries, institutions, and international and non-governmental organizations, is the organ in charge of monitoring and analysing the situation of child trafficking. According to the Government, in 2012, four child victims of trafficking were identified, including one boy of 12 years of age. In 2013, three girl child victims of trafficking were identified, one aged 12 and two aged 14. The Committee encourages the Government to pursue its efforts to strengthen the capacity of the mechanisms in place to ensure the effective monitoring and elimination of child trafficking. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved.

Article 6. Programmes of action. 1. Action Plan for Combating Trafficking in Children. Following its previous comments, the Committee notes the Government’s information that, a national strategy for the fight against human trafficking and illegal migration was prepared for 2013 to 2016, as well as a national action plan (NAP) for the same period. The Committee notes, however, that in its concluding observations of 4 December 2012 under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MKD/CO/1, paragraph 12), the CRC expressed its concern that plans and programmes on human trafficking were poorly coordinated. The Committee therefore requests the Government to strengthen its efforts to prevent and eliminate the trafficking of persons under 18 years of age, and to provide information on the results achieved in this regard. Moreover, the Committee requests the Government to provide information on the impact of the measures taken within the framework of the NAP and the national strategy for the fight against human trafficking and illegal migration on combating child trafficking.

2. National Action Plan for the Rights of Children 2006–15. The Committee previously noted the adoption of the National Action Plan for the Rights of Children 2006–15 in March 2006, and that this Plan included strategies to address the worst forms of child labour. The Committee noted, however, that the CRC, in its concluding observations of 23 June 2010, expressed concern at the slow implementation of this National Plan of Action and that no specific funds had been earmarked for this purpose (CRC/C/MKD/CO/2, paragraph 12). Noting the absence of information on this point in the Government’s report, the Committee urges the Government to strengthen its efforts with regard to the implementation of the National Plan for the Rights of Children 2006–15, particularly with respect to measures aimed at the prevention and elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing the necessary and appropriate direct assistance for the removal of children from these worst forms. Forced labour, child prostitution and child pornography. The Committee notes the Government’s information regarding the educational measures adopted with a view to preventing child trafficking, including: 66 preventive lectures for 4,160 pupils in 38 schools; an educational workshop with 120 students, 20 parents, and 20 teachers; the education of youth in the rural areas for vulnerable and at-risk categories of citizens; and an art and creative exhibition with the theme of human trafficking.

The Committee notes, however, that the CRC, in its concluding observations of 4 December 2012, under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MKD/CO/1, paragraphs 24, 33 and 37), expressed concern that targeted measures against the exploitation of children, including their engagement in forced labour, prostitution and pornography, and measures to identify the root causes and extent remain limited. Moreover, the CRC expressed its concern that protection is not systematically provided to child victims of crimes other than trafficking and child prostitution, including children exploited for forced labour, and that child victims of such exploitation may be stigmatized and socially marginalized. Finally, the CRC expressed its concern that measures to ensure recovery and reintegration have been concentrated on child victims of trafficking, and that there is an absence of information on resources specifically allocated for the recovery and reintegration of child victims of prostitution and pornography. While the Committee welcomes the Government’s efforts with regard to the protection of children from trafficking, it urges the Government to take effective and time-bound measures to prevent and remove children from the worst forms of child labour, in particular from becoming victims of commercial sexual exploitation or forced labour, and to provide the necessary and appropriate direct assistance to remove the child victims from these worst forms of child labour.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee previously noted the information from UNICEF that many street children were engaged in begging, and that these children were vulnerable to trafficking. The Committee noted that, according to data from the Ministry of Labour and Social Policy (MLSP), there were approximately 1,000 street children in the country, 95 per cent of whom were Roma, and that labour exploitation and begging contributed to this phenomenon. The Committee noted that, despite the Government’s measures, the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed deep concern regarding the growing number of street children and the absence of progress towards durable solutions to provide these children with protection, access to education and social reintegration (CRC/C/MKD/CO/2, paragraph 71).

The Committee notes the Government’s information regarding the new measures it adopted to protect street children. These measures include the expansion of the network of daily centres for street children, by opening a new centre in the municipality of Prilep in 2013, thereby extending the number of daily centres to four. The Government also indicates that, in 2012, a national SOS helpline was created in order to receive calls from citizens who want to report on street children. In addition, the Committee notes the Government’s indication that an action plan for children on the streets was adopted for the period of 2013–15 which includes concrete measures and activities in the areas of education and health protection, and aims to contribute to decreasing the harmful influence of the streets upon the development of these children. The Committee strongly encourages the Government to continue its efforts to protect street children from the worst forms of child labour and requests it to provide information on the number of children removed from the streets and who have benefited from rehabilitation and social integration measures.

2. Roma children. The Committee previously noted that school drop-out rates were significantly higher among Roma children. It noted, however, that the Government was participating in the Roma Inclusion Decade, through which it had taken several measures to reduce the school drop-out rate of Roma children. Moreover, the Committee noted that the Government was implementing a Roma student scholarship, mentoring and tutoring project that began in 2008.

The Committee notes the Government’s information that the MLSP is the coordinator for the Project of Inclusion of Roma Children in the public municipal institutions, kindergartens and preschool education. In this regard, the Government indicates that, in 2012–13, 425 Roma children were registered in kindergartens with state funding. Moreover, the Committee notes the Government’s information that, in the framework of the Roma student scholarship programmes, in 2011–12, there were 591 high-school scholarship recipients, and that only five students participating in this programme had dropped out of school. In 2012–13, 593 students participated in the scholarship and tutoring programmes.

However, the Committee notes that, in its concluding observations of 22 March 2013, the Committee on the Elimination and Discrimination against Women (CEDAW), expressed its concern about the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls in different ethnic communities. In this regard, the CEDAW reiterated its concern at the drop-out rates of Roma girls and noted the low number of Roma girls in higher education and the lack of measures taken to ensure their access to education. The CEDAW is further concerned that there is a disproportionately high number of Roma children, including girls, in schools for children with special needs (CEDAW/C/MKD/CO/4-5, paragraph 29). Taking due note of the measures taken by the Government, the Committee urges the Government to strengthen its efforts with regard to facilitating access to education for Roma students, particularly girls. It requests the Government to continue providing information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 23 June 2010, expressed concern about weak implementation of child labour laws and policies, and the incidence of child labour in the informal economy, in particular begging and street vending (CRC/C/MKD/CO/2, paragraph 69).

The Committee observes that the Government does not provide information on this point in its report. The Committee, therefore, urges the Government to strengthen its efforts with regard to the prevention and elimination of the worst forms of child labour. It once again requests the Government to provide information on the measures taken and the results achieved, particularly information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s statement that it is not permitted to involve minors in armed conflict or recruit them in units that carry out military manoeuvres. In this regard, the Committee notes that section 3 of the Law on Defence states that persons between the ages of 18 and 55 shall be eligible for military service in the Armed Forces. It also notes that article 20 of the Constitution prohibits military or paramilitary associations which do not belong to the Armed Forces of the Government.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee previously noted that section 6(2) of the Law on the Protection of Children states that Government institutions shall undertake all requisite measures for the protection of children from the use of children in the illegal production and trafficking of narcotics and psychotropic substances. However, the Committee observed that this provision did not include penalizing adults who use children for such purposes.

The Committee notes the Government’s statement that the relevant governmental institutions are taking all necessary measures to protect children from misuse and other types of abuse with respect to the illicit production and trade of drugs. However, the Committee notes an absence of information on any measures taken to prohibit the engagement of children in illicit activities. It accordingly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, particularly the production and trafficking of drugs is prohibited, in conformity with Article 3(c) of the Convention.

Article 6. Programmes of Action. National Action Plan for the Rights of Children 2006–15. The Committee previously noted the adoption of the National Action Plan for the Rights of Children 2006–15 in March 2006, and that this Plan included strategies to address the worst forms of child labour. The Committee requested the Government to provide information on concrete measures taken in this regard.

The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern at the slow implementation of this National Plan of Action and that no specific funds had been earmarked for this purpose (CRC/C/MKD/CO/2 paragraph 12). The Committee encourages the Government to strengthen its efforts with regard to the implementation of the National Plan for Rights of Children 2006–15, particularly with respect to measures aimed at the prevention and elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that, pursuant to amendments of the Law on Social Protection street children and their families have the right to daily care, including educational services, counselling and recreational activities and that two daily centres for street children have been established in this regard. However, the Committee also noted the information from UNICEF that many street children were engaged in begging, and that 59 per cent of such children were under the control of adults. It also noted that these street children were vulnerable to trafficking.

The Committee notes the information in the Government’s report that according to data from the Ministry of Labour and Social Policy, there are approximately 1,000 street children in the country, 95 per cent of whom are Roma, and that labour exploitation and begging contribute to this phenomenon. The Government indicates that the Ministry of Labour and Social Policy works consistently with the Ministry of the Interior to implement activities to prevent street children, including assessments of family situations. The Committee also notes the Government’s indication that the Ministry of Labour and Social Policy, in cooperation with UNICEF, is implementing a project for improved social protection for street children entitled “Children-at-risk Breaking the Cycle of Social exclusion of Children in Macedonia”, which will contribute also to the goals under the Roma Inclusion Strategy. The project aims at developing services and programmes for children who live and work on the street, as well as their families. The Government indicates that, within this project, a Multidisciplinary Protocol for Treating Street Children in the Republic of Macedonia was introduced to establish a unified and standardized process that institutions should follow when treating street children. The Committee further notes the Government’s indication that mobility teams for street children operate in two municipalities, with the aim of identifying these children, and referring them to a daytime centre. It also indicates that the Ministry of Labour and Social Protection plans to launch a 24-hour transit centre which would provide shelter for at-risk children in Skopje, and provide supervision by social workers. Lastly, the Committee notes that the CRC, in its concluding observations of 23 June 2010, expressed deep concern regarding the growing number of street children, and about the absence of progress towards durable solutions to ensure these children protection, access to education and social reintegration (CRC/C/MKD/CO/2, paragraph 71). Recalling that children living and working on the street are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to ensure that such children under 18 years are protected from the worst forms of child labour, particularly trafficking and their use by adults for the purpose of begging. It requests the Government to continue taking measures in this regard, and to provide information on the results achieved.

Roma children. The Committee previously noted the Government’s indication in its report to the CRC of 12 June 2009 that school drop-out rates are significantly higher among Roma children (CRC/C/OPSC/MKD/1, paragraph 316). It also noted that the Government was participating in the Roma Inclusion Decade, through which it had taken several measures to reduce the school drop-out rate of Roma children.

The Committee notes the information in the Government’s report that it is coordinating a pre-school education programme for Roma children, aimed at enrolling 700 children in state-funded kindergarten by the end of 2011. The Government indicates that, in line with the National Roma Strategy and the Action Plan for Education, measures have been taken to facilitate access to secondary education for Roma children. The Committee also notes the Government’s indication that measures were taken to pay for the administrative fees for immunization for Roma children, as this immunization is a requirement for entering primary schools. The Government states that this was beneficial to Roma families because this expense had been a serious hindrance in enrolling their children into primary education. The Committee further notes the Government’s statement that a draft guidebook has been developed for the prevention of discrimination in the educational system. Moreover, the Government indicates that it continues a Roma student scholarship, mentoring and tutoring project that began in 2008. The Government indicates that in 2009–10, there were 444 high school scholarship recipients in 84 schools and 28 municipalities, and that only 2 students participating in this programme had dropped out of school. The Government also indicates that all Roma students are eligible for mentoring and tutoring, provided by 93 mentors and 68 tutors. Moreover, in 2010–11, 613 students participated in the scholarship and tutoring programmes. The Government also indicates that the programme resulted in higher attendance rates for Roma students, as well as better communication between the schools and parents of the students. Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts with regard to facilitating access to education for Roma students. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s statement that there was an unsatisfactory level of coordination among the different institutions that deal with the prevention of the worst forms of child labour. It also noted the information from UNICEF that children in poor households are often forced, out of economic necessity, into situations where they are compelled to work in exploitative conditions, including prostitution, and that they were at-risk for becoming victims of trafficking.

The Committee notes the Government’s statement that it has not received any complaints concerning persons under 18 years of age working in exploitative conditions. Nonetheless, the Committee notes that the CRC, in its concluding observations of 23 June 2010, expressed concern about weak implementation of child labour laws and policies, and the incidence of child labour in the informal sector, in particular begging and street-vending (CRC/C/MKD/CO/2 paragraph 69). It also notes that the CRC, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 11 June 2010, expressed concern that targeted preventive measures against the exploitation of children, including their engagement in forced labour, prostitution, and pornography, as well as measures to identify the root causes and extent of the problem, remain limited (CRC/C/OPSC/MKD/CO/1 paragraph 24). The Committee, therefore, requests the Government to strengthen its efforts with regard to the prevention and elimination of the worst forms of child labour. It requests the Government to provide information on the measures taken, and the results achieved, particularly information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested a copy of the Criminal Code, as amended in September 2009.

The Committee notes with satisfaction that section 418-a of the Criminal Code, as amended in 2009, prohibits the trafficking of persons, and that section 418-d prohibits the trafficking of juveniles. It notes that section 122(22) of the Criminal Code defines a juvenile as a person under 18 years of age.

Article 4(1). Determination of types of hazardous work. The Committee previously noted that section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of labour affairs in coordination with the Minister in charge of health affairs. The Committee requested the Government to provide information on any determinations made on types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law.

The Committee notes the information in the Government’s report that a draft regulation defining the activities prohibited for workers under 18 years of age has been developed and is in the process of being enacted. The Committee notes the Government’s indication that the regulation contains a detailed list of jobs that are prohibited for persons under the age of 18. This list includes jobs that involve harmful biological or chemical materials (such as toxic, flammable, carcinogenic and explosive substances, lead and asbestos); jobs involving excess dust; jobs involving the slaughtering of animals; jobs in structures or facilities under construction; jobs with high-voltage related risks; and jobs at heights exceeding 1.5 metres. The Committee further notes that this draft regulation prohibits many activities for persons under the age of 18, including activities involving lifting and moving heavy loads which put undue strain on the limbs; activities in which a worker is on his feet for longer than four hours per shift; activities that are performed in strenuous positions; activities in extreme temperatures; and activities with high noise levels. The Committee urges the Government to take the necessary measures to ensure that this draft regulation, containing the list of types of work prohibited to persons under the age of 18, is enacted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted the information in the 2009 UNODC Global Report on Trafficking in Persons that the central police service operates a section dealing with trafficking and the smuggling of migrants, within the department for organized crime. It also noted that, in conjunction with the International Organization for Migration (IOM), the Government was providing training to law enforcement officials.

The Committee notes the information in the Government’s report that, with the support of the IOM, two specialized training sessions were held on the subject of combating the trafficking of children in 2010. The Government indicates that 51 professionals participated in these training sessions, including inspectors from the Ministry of the Interior, social workers and labour inspectors from the Ministry of Labour and Social Policy, as well as public prosecutors and judges. However, the Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 23 June 2010, expressed concern that children are trafficked for various purposes to, from and within the borders of the country (CRC/C/MKD/CO/2, paragraph 75). The Committee, therefore, requests the Government to pursue its efforts with regard to strengthening the capacity of the relevant law enforcement bodies to ensure the effective monitoring and elimination of the trafficking of persons under the age of 18. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 6. Programmes of Action. Action Plan for Combating Trafficking in Children. The Committee previously noted that the Sub-group on Combating the Trafficking in Children (within the National Committee on Human Trafficking) had adopted the Action Plan for Combating Trafficking in Children. The Committee also noted that, in conjunction with UNICEF, the Government had published an updated Action Plan to Combat Trafficking of Children for the period 2009 to 2012, and it requested information on measures taken in this regard.

The Committee notes the detailed information provided by the Government on the implementation of the Action Plan to Combat Trafficking of Children during 2010 and 2011 and notes the Government’s indication that the Ministry of Labour and Social Policy pursued activities with regard to preventing human trafficking and protecting child victims of trafficking. In this regard, the Committee notes the Government’s indication that a comparative analysis on the subject of unaccompanied minors was carried out, to examine existing legislation, practices and mechanisms for protecting this vulnerable group. The Government also indicates that a National Helpline operates on a 24-hour basis and has received 247 calls related to human trafficking. In addition, the Committee notes the Government’s indication that the Prevention and Education Programme was implemented in 2010 and 2011, aimed at raising awareness, particularly among vulnerable populations, about human trafficking. Within this programme, in 2010, 2,000 educational leaflets were distributed, 15 workshops were held in primary and secondary schools to inform students about human trafficking and 200 high school students were trained to be peer educators on the topic. In 2011, the Government indicates that five workshops were held on human trafficking prevention for 170 students and that 1,250 copies of various preventive materials were distributed. Taking due note of the measures taken by the Government, the Committee requests it to continue its efforts to prevent and eliminate the trafficking of persons under 18 years of age, and to provide information on the results achieved in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. Trafficking. The Committee previously noted that, in 2007, the Government adopted Standard Operational Procedures for the treatment of trafficking victims, aimed at providing aid and protection to victims based on an institutionalised cooperative framework. It also noted that in 2005, the National Referral Mechanism (NRM) for victims of trafficking was established as a joint project of the National Committee on Human Trafficking and the Ministry of Labour and Social Policy.

The Committee notes the Government’s statement that activities related to the NRM have been implemented in coordination with the Centres for Social Workers, which include designated social workers in 30 cities and towns throughout the country. It also notes the information in the Government’s report that, through the Coordinative Office of the NRM for human trafficking victims, trained staff are available 24 hours a day in order to provide assistance to victims identified by the police and non-governmental organizations. The Committee notes with interest the Government’s indication that this assistance includes an initial assessment of the victim’s needs, the organization of appropriate assistance including crisis intervention, psychological and social support, medical assistance and the provision of food and clothing, as well as the subsequent referral of each victim to a shelter for trafficking victims. Further measures taken through the NRM include the issuing of the necessary paperwork for the identified victims, the appointment of a special guardian for minors, an assessment of the possibility of returning to their family and the development and implementation of a customized re-socialization and a reintegration programme for child victims of trafficking. The Committee further notes the information in the Government’s report that between 2006 and 2010, 89 child victims of trafficking including eight such victims in 2009 and ten in 2010 were identified. The Government indicates that in 2010, the NRM Office was active in 15 cases involving minors, out of which ten minors were identified as victims of trafficking. All ten victims were provided services in shelters. In addition, it notes the Government’s indication that a legal representative is available to provide legal advice and representation on behalf of victims of trafficking in court appearances, and that these services were provided to ten presumed child victims of trafficking in 2010.

Lastly, the Committee notes the information in the Government’s report that it has launched the Child Victims of Trafficking Centre, which aims to provide temporary accommodation to victims, to provide for their privacy and physical safety, and to provide an opportunity for such victims to recover physically, psychologically and socially. A child victim of trafficking may stay in the Centre for six months and that, during this time, social workers seek to find a long-term solution for the accommodation of the child. The Government states that, with the support of the ILO, training was provided the staff of this Centre.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 the Government’s indication that, pursuant to section 418 of the Criminal Code, it is prohibited to recruit, transport, carry, buy, sell, shelter or accept a minor for the purposes of exploitation for, inter alia, prostitution or any other form of sexual exploitation, pornography, forced labour, servitude or slavery. The Committee also notes that these acts, performed through the use of force, serious threat, deception or any other type of compulsion, abduction, deceit, abuse of power or the weakness or physical or mental disability of another person, or by giving or receiving money/benefits for obtaining consent by a person that has control over another person, will result in a higher penalty. The Committee requests the Government to provide a copy of the Criminal Code, as amended in September 2009, with its next report.

2. Forced or compulsory labour. The Committee notes that article 11 of the Constitution of the Republic of Macedonia prohibits forced labour. The Committee also notes that section 418c of the Criminal Code (as amended), prohibits trafficking for the purpose of forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that section 6(4) of the Law on the Protection of Children (as amended in 2009) prohibits minor children from being involved in armed conflicts and recruited in units that perform military or other actions. The Committee also notes the information in the Government’s report to the Committee on the Rights of the Child (CRC) in connection with the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC OPAC) of 5 June 2009 that, pursuant to the Law on Service in the Army of the Republic of Macedonia, a precondition for admission to the army is the attainment of full legal age, which is 18 years (CRC/C/OPAC/MKD/1, paragraph 16). The Government also indicates in this report that section 3 of the Law of Defence of May 2006, provides that all citizens subject to army duty must prove their age by submitting a document issued by the competent department of the Ministry of Internal Affairs (CRC/C/OPAC/MKD/1, paragraphs 9 and 13).

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 6 of the Law on the Protection of Children, as amended in 2009, forbids any type of sexual use or abuse of children, including prostitution. Pursuant to section 5 of the Law on the Protection of Children, a child is defined as a person under 18 years of age. The Committee also notes that section 191(1) of the Criminal Code prohibits mediation in conducting prostitution, which includes recruiting, instigating or enticing another to prostitution. Pursuant to section 191(2) of the Criminal Code, it is also prohibited to profit from another’s use of sexual services.

2. Pornography. The Committee notes that section 6 of the Law on the Protection of Children, as amended in 2009, forbids any type of sexual use or abuse of children, including pornography. The Committee also notes that section 193(3) of the Criminal Code prohibits the abuse of a minor for the production of audiovisual pictures or other materials with pornographic content or for pornographic shows, and also prohibits forcing a minor to produce and record pictures or other materials with pornographic content. The Committee further notes the Government’s statement in its report to the CRC in connection with the Optional Protocol to the Convention to the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OPSC) of 8 June 2009 that the Criminal Code was amended in 2008 to introduce section 193(a) which prohibits the production and distribution of child pornography by using a computer system (CRC/C/OPSC/MKD/1, paragraph 42).

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that section 6(2) of the Law on the Protection of Children as amended in 2009 states that Government institutions shall undertake all requisite measures for the protection of children from illegal use and other forms of abuse of children in the illegal production and trafficking of narcotics and psychotropic substances. The Committee observes that this provision does not specify that this protection includes penalizing adults who use children for these purposes. The Committee therefore requests the Government to indicate if the Law on the Protection of Children, or any other legislation, specifies that it is an offence to use, procure or offer a child under the age of 18 years for the purpose of illicit activities, and if so, what penalties apply for this offence.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee notes that article 42 of the Constitution states that minors may not be employed in work which is detrimental to their health or morality. The Committee also notes that chapter XIII of the Labour Relations Law entitled “Protection of Employees under the Age of 18” prohibits certain types of work for persons under 18 years of age. Pursuant to section 176, persons under 18 cannot be engaged in night work and must be given annual leave. Section 174 states that persons under 18 cannot work for more than 8 hours per day and 40 hours per week, and also stipulates mandatory breaks and rest periods. Section 173(1) of the Labour Relations Law states that an employee under the age of 18 must not be ordered by the employer to carry out hard manual labour, works carried out underground or underwater, works connected with sources of ionizing radiations and other works which can have a harmful and dangerous impact on the health and development of the employee or works which are beyond their physical and psychological capacity. Section 173(2) states that the works referred to in section 173(1) shall be determined by the Minister in charge of Labour Affairs in coordination with the Minister in charge of Health Affairs. The Committee requests the Government to provide information on any determinations made on the types of work deemed harmful, pursuant to section 173(2) of the Labour Relations Law, and to provide copies of the relevant documents with its next report.

2. Self-employed children or children working in the informal economy. The Committee notes that, pursuant to section 1(1) of the Labour Relations Law, the Law regulates labour relations between employers and employees established through an employment contract. Section 5(1) of the Labour Relations Law states that a labour relation is a contractual relation between the employee and the employer whereby the employee carries out work according to the instructions and under the supervision of the employer for remuneration, and section 5(2) states that an employee is any natural person who has entered into a labour relation on the basis of a concluded employment contract. Therefore, it appears that the Labour Relations Law, and its provisions prohibiting the engagement of persons under 18 in hazardous work, do not apply to work performed outside of a formal labour relationship, such as self-employment, unpaid work and work in the informal economy. In this regard, the Committee notes the information in the UNICEF report entitled “Children in FYR Macedonia” of February 2008 (UNICEF Report) that the majority of children engaged in child labour do so on an unpaid basis, both inside and outside of family undertakings. It further notes the information in a 2008 report on the worst forms of child labour in Macedonia, available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that children engage in work in the informal sector. The Committee consequently requests the Government to take the necessary measures to ensure that children under the age of 18 years working on a self-employed basis or in the informal economy are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. Trafficking. The Committee notes the information in the Government’s report that a National Committee to Combat Trafficking in Human Beings and Illegal Migration was established in 2001, composed of several ministries. The Committee also notes the information in the 2009 UNODC Global Report on Trafficking in Persons (2009 UNODC Report) that the central police service operates a section dealing with trafficking and the smuggling of migrants, within the department for organized crime. The Committee further notes the information in the Government’s report to the CRC of 12 November 2009 that the Government, in conjunction with the International Organization for Migration (IOM), has implemented measures to provide training to police officers, judges and public prosecutors on the subject of human trafficking, in addition to measures to strengthen the capacity of workers at social welfare centres (CRC/C/MKD/2, paragraph 496). 

However, the Committee notes the information in a report on the trafficking of persons in Macedonia available on the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that Macedonia is a source, transit and destination country for women and children trafficked for the purpose of commercial sexual exploitation. Children are trafficked from Macedonia to South, Central and Western Europe and that some children, primarily Roma children, are trafficked internally for the purpose of forced begging. The Trafficking Report further indicates that corruption directly hampers the Government’s anti-trafficking efforts, indicating that local brothel owners were on occasion tipped off prior to raids, allowing traffickers to elude law enforcement and brothel owners to hide potential trafficking victims. 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 address this issue. The Committee also requests the Government to provide information on any other measures taken to strengthen the capacity of the relevant law enforcement bodies to ensure the effective monitoring and elimination of the trafficking of persons under the age of 18.

Article 6. Programmes of Action 1. National Action Plan for the Rights of Children 2006–15. The Committee notes the Government’s indication in its report to the CRC of 12 November 2009 that it adopted the National Action Plan for the Rights of Children 2006–15 in March 2006. The Government indicates in this report that this National Action Plan encapsulates the Government’s efforts to provide for the full exercise of the rights of children, and relies heavily on the principles of equality, accessibility, quality and efficiency (CRC/C/MKD/2, paragraph 6). The WFCL Report indicates that this National Action Plan includes strategies to address the worst forms of child labour. The Committee requests the Government to provide information on concrete measures taken within the framework of the National Action Plan for the Rights of Children 2006–15 with regard to the prevention and elimination of the worst forms of child labour.

2. Action Plan for Combating Trafficking in Children. The Committee notes the Government’s indication in its report to the CRC that in 2004, within the National Committee on Human Trafficking, the Sub-group on Combating the Trafficking in Children was established, which adopted the Action Plan for Combating Trafficking in Children. This Action Plan aims to upgrade governmental policies with regard to combating child trafficking, to provide special protection to child victims, to establish minimum standards for the protection of children at risk of becoming victims, to undertake various preventative measures in this regard, and to undertake activities for the identification, rehabilitation and reintegration of child victims of trafficking. The Committee also notes the indication in the WFCL Report that the Government, in conjunction with UNICEF, has published an updated Action Plan to Combat Trafficking of Children for the period 2009 to 2012. The Committee requests the Government to provide information on the concrete measures taken within the framework of the Action Plan to Combat Trafficking of Children for the period 2009 to 2012, and the results achieved.

Article 7(1). Penalties. The Committee notes that pursuant to section 418 of the Criminal Code, a person who engages in trafficking shall be sentenced to a minimum of eight years’ imprisonment. The Committee also notes that pursuant to section 191(5) of the Criminal Code, a person who recruits, instigates or entices a child to prostitution, shall be punished with imprisonment of one to five years. Pursuant to section 191(3), a person who abuses a juvenile in the production of child pornography shall be punished with a fine or imprisonment of a maximum of three years.  The Committee further notes that, pursuant to section 264(1)(17) of the Labour Relations Law, an employer who is a legal entity that employs a minor in hazardous work will be will be fined 15,000 Macedonian denars (approximately US$332). This fine shall be 10,000 Macedonian denars (approximately US$221) if the employer is a natural person.

The Committee notes that section 404 of the Criminal Code (entitled “war crimes against the civil population”) provides for a penalty of ten years’ imprisonment for the enrolment and recruitment of minors under 15 years of age into the armed forces, though observes the absence of a specified penalty for the recruitment of children between the ages of 15 and 18. The Committee therefore requests the Government to provide information on any measures taken or envisaged to provide for sufficiently effective and dissuasive penalties for the forcible recruitment of all persons under the age of 18.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, providing direct assistance for their removal from these worst forms, and providing for their rehabilitation and social integration. Trafficking. The Committee notes the information in the Government’s report concerning the adoption in 2007 of Standard Operational Procedures for the treatment of trafficking victims, aiming to provide aid and protection to victims based on an institutionalised cooperative framework. The Committee also notes the Government’s indication in its report to the CRC in connection with the CRC OPSC of 8 June 2009 that the Ministry of Internal Affairs is undertaking a series of preventive measures, including awareness raising about trafficking among risk groups and familiarizing children with methods of self-protection from trafficking (CRC/C/OPSC/MKD/1, paragraph 60).

The Committee notes the Government’s indication in its report to the CRC of 12 June 2009 that the Ministry of Internal Affairs operates a Centre for Aliens which identifies and provides care to victims of trafficking. With the assistance and financial support of the IOM, the victims at this Centre are also provided with adequate professional post trauma treatment, social re-integration services, psychological services and free legal assistance and legal representation (CRC/C/MKD/2, paragraph 506). In addition, the Government’s report to the CRC indicates that it has, in cooperation with UNICEF, implemented a Resocialization and Reintegration Programme for child victims of human trafficking, which includes the provision of training to expert teams at social welfare centres (CRC/C/MKD/2, paragraph 512). The Committee also notes the indication in the 2009 UNODC Report that, in 2005, the National Referral Mechanism (NRM) for victims of trafficking was established as a joint project of the National Committee on Human Trafficking and the Ministry of Labour and Social Policy. The NRM coordinates activities with NGOs and handles the referral of trafficking victims to the relevant institutions. The Committee encourages the Government to continue to take measures to prevent children from being victims of human trafficking, and to provide such victims with rehabilitative and social reintegration services. The Committee requests the Government to continue to provide information on the measures taken in this regard, in particular on the number of persons under 18 benefiting from these services.

Clause (d). Identify and reach out to children at special risk. 1. Street children. The Committee notes the Government’s indication that the Ministry of Labour and Social Policy implements activities to foster social inclusion, which include the aim of eradicating the phenomenon of children living on the street. The Government indicates that the amendments to the Law on Social Protection introduce the right to daily care for street children and their families, including educational services, counselling and recreational activities. The Committee also notes the information in the Government’s report that two daily centres for street children have been established in this regard, while an NGO-managed centre provides similar services with the financial support of the Government. The Committee further notes the information in the Government’s report to the CRC of 12 June 2009 that these daily centres, staffed with social workers, psychologists and educators, focus on providing care to children between the ages of 4 and 14, particularly those who spend most of their days on the street engaging in activities like begging, paper and iron collection and the reselling of various goods at markets (CRC/C/MKD/2, paragraphs 175 and 176).

The Committee notes the statement in the UNICEF Report that these centres are, in general, understaffed and under-resourced (page 43). The UNICEF Report also indicates that there are between 500 and 1,000 street children in the country. This report also indicates that of the children engaged in begging, 59 per cent are under the control of adults. The Committee also notes the information in the UNICEF Report that these street children are at an increased vulnerability to becoming victims of trafficking. Therefore, the Committee requests the Government to pursue its efforts to ensure that children under 18 years living and working on the streets are protected from the worst forms of child labour, particularly trafficking and their use by adults for the purpose of begging. It requests the Government to provide information on concrete measures taken in this regard, including the number of street children receiving services from the daily centres.

2. Roma children. The Committee notes the Government’s indication in its report to the CRC of 12 June 2009 that school drop-out rates are significantly higher among Roma children (CRC/C/OPSC/MKD/1, paragraph 316). The Government’s report to the CRC also indicates that the Government is participating in the Roma Decade programme, and has developed mechanisms to monitor the situation of children both within and outside the educational system through this programme. The Government indicates in this report that the measures taken within the context of the Roma Decade has resulted in increased educational coverage of the Roma population (CRC/C/MKD/2, paragraph 357). The Government’s report to the Universal Periodic Review of 23 February 2009, indicates that it has taken several measures to reduce the school dropout rate of Roma children, such as providing 650 scholarships to Roma children, free textbooks, free transportation and the construction of a secondary school in a Skopje neighbourhood predominantly inhabited by the Roma population (A/HRC/WG.6/5/MKD/1, paragraph 115). However, the Committee notes the indication in the UNICEF Report that the majority of children living on the street are Roma and notes the indication in the WFCL Report that Roma children are particularly vulnerable to economic exploitation. The Committee further notes the information in the Trafficking Report that Roma children are particularly vulnerable to trafficking within the country for the purpose of forced begging. In this regard, the Committee requests the Government to redouble its efforts within the framework of the Roma Decade programme to protect Roma children from the worst forms of child labour, particularly through the provision of educational opportunities. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there is an unsatisfactory level of coordination among the different institutions that deal with the prevention of the worst forms of child labour. The Government also identifies in its report the need for further training of employees working in child protection.

The Committee notes the statement in the UNICEF Report that children in poor households are often forced, out of economic necessity, into situations where they are compelled to work in exploitative conditions (for girls, and to a lesser extent boys, this can mean prostitution and/or risks of being trafficked and sold into forced prostitution). The Committee also notes the information in the WFCL Report that children engage in work on the streets, including begging and selling small items, often at the behest of adults. The Committee therefore expresses its concern at the situation of children engaged in the worst forms of child labour and requests the Government to take the necessary measures to improve coordination among institutions working towards the prevention and elimination of this phenomenon. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.