Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Kazajstán (Ratificación : 2003)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 128 of the Criminal Code, as amended on July 2003, provides for penalties for the offences related to the recruitment of juveniles (i.e. under 18 years) for sexual or other exploitation, or for purposes of trafficking and transit beyond the borders of, and through the territory of, Kazakhstan. It further notes that section 133(1) of the Criminal Code punishes the purchase and sale of a juvenile, or the commission of other transactions with regard to a juvenile in the form of transfer or possession of the juvenile. The offence is more severely punished where the same act is committed with the illegal export of a juvenile outside of, or his illegal import into, the Republic of Kazakhstan (section 133(2)(e)); for the purpose of involvement of the juvenile in the commission of a crime (section 133(2)(f)).

2. Forced and compulsory labour. The Committee notes that article 24 of the Constitution guarantees the freedom to work and the free choice of occupation and profession. Forced labour is prohibited except under a court sentence or in a state of emergency or war. The Committee also notes that section 6 of the Labour Law of 1999 prohibits forced labour, except under a court sentence or a state of emergency or martial law.

3. Compulsory recruitment of a child for use in armed conflict. The Committee notes that, according to article 36 of the Constitution, defence of the Republic of Kazakhstan is the sacred duty and responsibility of every citizen, and citizens must perform military service. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child of 24 September 2002 (CRC/C/41/Add. 13, paragraph 65), under the 1993 Law on Universal Military Duty and Military Service, the minimum age for obligatory and voluntary service is 18. It also notes that, according to the information available at the Office, the 2001 Law on Military Service on a contract states that the minimum voluntary recruitment age is 19 years, but that boys and girls may sign up for voluntary military service to study in the academies at the age of 17.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that section 132 of the Criminal Code punishes the involvement of a juvenile, amongst others, into prostitution. Furthermore, section 270 provides that it constitutes an offence to draw into prostitution, by way of violence or a threat to apply it, the use of a dependent position, blackmail, destruction or damaging property or by way of deceit. Section 271 punishes the organization or maintenance of whorehouses and pandering. The Committee further notes that, according to the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (hereinafter initial report to the CRC on the Optional Protocol) of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 7), the Rights of Children Act of 2002 guarantees protection for children from prostitution and pornography (section 40). The Committee requests the Government to supply copies of the relevant provisions of the Criminal Code and the Rights of Children Act of 2002.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 273 of the Criminal Code prohibits the manufacture and distribution of pornographic material for the purposes of distribution or advertisement, as well as illegal trade in pornographic publications, video or pictures. It also notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 76), section 115 of the Code on Administrative Offences of 2001 prohibits a person from involving minors in the production of articles with erotic content, and in the dissemination, advertisement and sale of said articles.

Clause (c). Use, procuring or offering a child for illicit activities. The Committee notes that section 132 of the Criminal Code imposes penalties on any person who involves a minor in the commission of antisocial acts, including the use of drugs and alcohol, prostitution, vagrancy or begging.

Clause (d). Hazardous work. The Committee notes the Government’s information that, by virtue of section 11 of the Labour Act, persons younger than 18 years of age may not be admitted to hard work, nor to work in harmful or hazardous conditions. The prohibition to employ persons younger than 18 years to do hard work or work in harmful (especially harmful) and hazardous (especially hazardous) working conditions is also set forth in section 15(1) of the Safety and Protection at Work Act.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that, in pursuance of the provisions of section 15(2) of the Act 528 on Safety and Security at Work, the Ministry of Labour and Social Protection issued Order No. 45 of February 2005 “on the approval of the list of works and professions in the sphere of hard physical works and works with harmful (specifically harmful), hazardous (specifically hazardous) labour conditions in which it is prohibited to employ persons who do not attain 18 years of age”. The Committee notes with interest that this Order sets out a comprehensive list of industries and occupations involving hard work, or work in harmful working conditions, in which the employment of persons younger than 18 years is prohibited.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that, under section 102 of the Labour Law, state control compliance with this Law and other normative legal acts on labour is exercised by state labour inspectors from the competent authority. It also notes that section 103 of the Labour Law specifies the functions of the labour inspectors and section 104 spells out the powers of the labour inspectors. The Committee also notes the Government’s information that, by virtue of section 4 of the Safety and Protection at Work Act, the competent authority and its legal offices exercise control and surveillance of safety and protection at work. The Committee requests the Government to supply extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. Moreover, as Article 3(a) to (c) of the Convention concerns crimes of penal nature, the Committee requests the Government to indicate whether monitoring mechanisms other than the labour inspectorate have been established to monitor the application of provisions of the Conventions.

Article 6. Programmes of action. The Committee notes that Kazakhstan is one of the countries participating in the ILO/IPEC project “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour”, aimed at contributing to the elimination of the worst forms of child labour in central asian countries. Under this project, started in 2004, the activities in Kazakhstan fall under the following five categories: (1) building the knowledge base on child labour; (2) awareness raising and dissemination of information; (3) support to targeted interventions for prevention, withdrawal and rehabilitation; (4) creating linkages and networks; and (5) formulation, implementation and enforcement of policies and legislation. A number of activities have been already implemented with the support of ILO/IPEC and the engagement of the Government, trade unions, employers and NGOs, including: (a) a workshop on child labour organized in October 2005 by the Union of Agricultural Workers of Almaty oblast mostly aimed at identifying the sector and region specific worst forms of child labour to be eliminated; (b) the integration of the Child Labour Module in the Multiple Indicators Cluster Survey (data collection started in 2006); (c) the organization, with the support of UNICEF, of the Conference “Protection of Rights of the Child – New Strategy of the State”, which includes a section on the elimination of the worst forms of child labour; (d) the conduct by the Association of Young Leaders, jointly with governmental and non-governmental partners, of informal exploratory micro-research activities, aimed at engaging children in the combat against the worst forms of child labour; (e) a seminar on child labour and corporate social responsibility promoted by the National Confederation of Employers; (f) legal review and proposals aimed at promoting compliance with Conventions 138 and 182; (g) organization of a workshop entitled “Mass Media on Combating Child Labour” by the Association of Women of Intellectual Labour, which has engaged journalists from all regions of Kazakhstan; (h) a number of meetings and events aimed at the elimination of the worst forms of child labour involving the Ministry of Labour and Social Protection, the ombudsman, and other key partners. The Committee requests the Government to continue providing information on the implementation of the “CAR Capacity-Building Project: Regional Programme on the Worst Forms of Child Labour” and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Code provides sufficiently effective and dissuasive penalties of imprisonment for the following offences: recruitment of minors for sexual or other exploitation, including for purposes of trafficking and transit (section 128); purchase and sale of a minor (section 133); involvement of minors in the commission of prostitution (section 132); drawing into prostitution (section 270); and dissemination of pornography (section 273). It also notes that section 115 of the Code on Administrative Offences of 2001 punishes, by fines, the involvement of minors in the production of pornographic material and dissemination of such material. Furthermore, sections 148 and 152 of the Criminal Code respectively punish by fines, the violation of labour legislation and, by fines and imprisonment, the violation of the rules of labour safety. The Committee requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking and commercial sexual exploitation. The Committee notes the Government’s information that, in pursuance of the Government’s Action Plan for fighting, prevention and protection against human trafficking for 2004-05, adopted through Decree No. 219 of 2004, the Ministry of Labour and Social Protection of the Population and the ILO/IPEC in 2005 jointly started a three-year programme for the eradication of the worst forms of child labour. It also notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 16), an inter-agency commission headed by the Minister of Justice has been established to combat the unlawful transfer of persons abroad, transfer of persons in the country and trafficking in persons. The Committee notes that, according to the information available at the Office, Kazakhstan is a source, transit and destination country for people trafficked for the purposes of sexual exploitation: men, women and children are trafficked to the United Arab Emirates, Turkey, Israel, South Korea, Greece, Cyprus, Russia, Syria and Western Europe. According to the same source, Kazakhstan’s interagency National Working Group on Trafficking in Persons made progress in implementing the National Action Plan adopted in 2004, but prosecution numbers remain low relative to the size of the problem.

The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 30), in Kazakhstan child prostitution continues to be a serious problem and reports show that it has increased considerably. It also notes that, in its concluding observations of 10 July 2003 (CRC/C/Add.213, paragraph 72), the Committee on the Rights of the Child expressed concern at the growing involvement of children in the sex industry and the apparent indifference of society towards the issue of child prostitution, including reports of parents themselves reportedly forcing their children to earn money through prostitution. The Committee expresses its concern at the situation described above and strongly encourages the Government to take effective and time-bound measures to prevent children from being engaged in trafficking, sexual exploitation and prostitution.

2. Ensuring access to free basic education. The Committee notes that, by virtue of section 30 of the Constitution and the Education Act of 1999, secondary education (i.e. until 17 years) is compulsory and free for every citizen in state-run educational institutions. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child of 24 September 2002 (CRC/C/41/Add.13, paragraph 274), the realization of the constitutional right of all citizens to receive a general secondary instruction is a priority. The Government to this end has undertaken a number of initiatives, including the creation of new educational methods and infrastructures. Firstly, the establishment of the “Universal Education Foundation” played a significant role in providing assistance to deprived and large families for the education of their children. Furthermore, the Ministry of Education and Science, jointly with other Ministries, is taking serious steps to ensure that all children of school age attend school and a plan of action has been adopted to this purpose. According to the same source, following the adoption of the Education Act, textbooks for forms 1 to 11 have been made available for retail sale from the 1999-2000 school year. Furthermore, there is free provision of textbooks for pupils in state general schools and boarding schools who are from large families as well as from families who are in target groups for the receipt of social assistance, orphan children and children left without parental care. The Committee, however, notes that, in its concluding observations of 10 July 2003 (CRC/C/15/Add.213, paragraph 61), the Committee on the Rights of the Child expressed its concern, amongst others, at the increasing dropout rates in secondary and vocational education and at the important regional disparities in the number of educational establishments and in quality of education, with rural areas being at particular disadvantage. The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It requests the Government to provide further information on the abovementioned measures, and their impact on improving the access of children to free basic education. It also asks the Government to supply data on the enrolment and dropout rates in school.

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. The Committee notes the absence of information on this point in the Government’s report. It requests the Government to provide information on the effective and time-bound measures taken or envisaged to remove child victims of trafficking and prostitution from the worst forms of child labour and provide for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes that, in its concluding observations of 10 July 2003 (CRC/C/15/Add.213, paragraph 74), the Committee on the Rights of the Child expressed its concern at the increasing number of street children and inappropriate policies and programmes implemented by the juvenile affairs services to address this situation. The Committee recommended to the State party to undertake a study to assess the scope and the cause of the phenomenon and consider establishing a comprehensive strategy to address the high and increasing number of street children, with the aim of preventing and reducing this phenomenon. The Committee asks the Government to provide information on the effective and time-bound measures taken or envisaged with the aim of protecting street children from the worst forms of child labour. It also requests the Government to supply a copy of the study regarding street children, as soon as it becomes available.

Article 8. International cooperation. The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraph 135 and 136), the UNDP, ILO, UNICEF, the United States Agency for International Development (USAID), the World Bank, the European Development Bank and other international organizations provide technical assistance to Kazakhstan in its efforts to carry out economic reforms, ensure social development and security and reduce poverty. Furthermore, in July 2003 the Government and the Asian Development Bank signed a partnership agreement to reduce poverty.

Part III of the report form. The Committee notes that, according to the Government’s initial report to the CRC on the Optional Protocol of 12 April 2005 (CRC/C/OPSA/KAZ/1, paragraphs 13 and 14), in 2002 investigations were conducted in Kazakhstan in connection with five criminal cases involving trafficking in minors. Four of them were in south Kazakhstan oblast and one in Almaty oblast. According to statistical data, in 2003 Kazakh courts convicted eight persons, seven of whom were women, for offences covered by section 133 (trafficking in minors) of the Criminal Code. In 2003 the courts did not hear any criminal cases involving offences covered by section 270 of the Criminal Code (recruitment for prostitution) in which the victims were minors.

Parts IV and V of the report form. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.