UKRAINE: UPDATE OF CHILD LABOR INFORMATION FOR TDA

UNCLAS KYIV 004542 SIPDIS SIPDIS DEPT OF LABOR FOR DOL/ILAB - TMCCARTER STATE FOR DRL/IL (TDANG) AND EUR/UMB (BWOLF) E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM UP SUBJECT: UKRAINE: UPDATE OF CHILD LABOR INFORMATION FOR TDA REPORT REF: STATE 184972 ¶1. As requested reftel, below Post provides updated information on child labor in Ukraine, for use in the preparation of the 2006 report Findings on the Worst Forms of Child Labor. Post has chosen to answer each of the questions posed in reftel as "Indicators" under the five topical headings. ¶2. Post will also send this information via email to USDOL POC Tina McCarter. Post's POC is Christian Yarnell, Economic Officer - Email: yarnellc@state.gov; Phone: 011- 380-44-490-4276; Fax: 011-380-44-490-4277). ¶3. Begin Text: A) Laws and regulations proscribing the worst forms of child labor QUESTION: What laws and regulations have been promulgated on child labor, such as minimum age(s) for employment or hazardous forms of work? If there is a minimum age for employment, is that age consistent with the age for completing educational requirements? Are there exceptions to the minimum age law? ANSWER: Ukraine's Labor Code sets 16 as the minimum age for employment, although as of 15 adolescents may engage in "light work" with their parents' consent. The law does not, however, clearly define the term "light work." In addition, children aged 14 can legally do some forms of agricultural and social work on a short-term basis, with the consent of one parent. QUESTION: Do the country's laws define the worst forms of child labor or hazardous work as the ILO defines those terms? If the country has ratified Convention 182, has it developed a list of occupations considered to be worst forms of child labor, as called for in article 4 of the Convention? ANSWER: In February 2005, Ukraine's Parliament passed an amendment to the law "On Childhood Protection," which now provides the primary legal framework for combating child labor. Article 21 of this law forbids the "involvement of children in the worst forms of child labor" and defines the "worst forms of child labor" in line with ILO Convention ¶182. Ukraine ratified ILO Convention 182 on December 14, ¶2000. The law "On Childhood Protection" provides a list of occupations considered among the worst forms of child labor. B) Regulations for implementation and enforcement of proscriptions against the worst forms of child labor QUESTION: Has the government designated an authority to implement and enforce child labor laws? ANSWER: Yes. The State Labor Inspectorate (full name: State Department of Surveillance over Labor Legislation Observance) under the Ministry of Labor and Social Policy is responsible for implementing and enforcing child labor laws in the formal sector. In the informal sector, this responsibility falls to the Department of Juvenile Affairs (under the Ministry of Family, Youth, and Sport) and the Criminal Police (under the Ministry of Internal Affairs). According to the ILO's International Program on the Elimination of Child Labor (IPEC),child labor in Ukraine exists most often in the informal sector, where the activities children are engaged in are themselves illegal. Common examples include sex services, pornography, and unsanctioned coal mining. In such cases, law enforcement agencies usually take the lead and seek prosecution of those responsible for the illegal activity and illegal hiring of children. QUESTION: What legal remedies are available to government agencies that enforce child labor laws (criminal penalties, civil fines, court orders),and are they adequate to punish and deter violations? ANSWER: According to Article 150 of Ukraine's Criminal Code, the unlawful employment of an underage child carries a sentence of up to six months imprisonment, or judicial restraint for up to three years, along with restrictions for up to three years on the right to occupy certain positions and conduct certain business activities. A stiffer sentence of imprisonment from two to five years is possible if multiple underage children are involved, if the offender causes considerable damage to the health or physical condition of the child, or if the work involves some kind of hazardous production. In addition, Article 304 of the Criminal Code allows for imprisonment, or judicial restraint, for a term up to three years for the involvement of adolescents under 18 into criminal activity, drunkenness, begging, or gambling. QUESTION: To what extent are complaints investigated and violations addressed? ANSWER: The government investigates complaints and attempts to address violations, although incidents of child labor remain. Ukraine's system of labor inspections is split among three different bodies -- the State Labor Inspectorate (under the Ministry of Labor and Social Policy),the State Committee for Industrial Safety, Occupational Health and Mining Supervision, and the State Committee on Occupational Hygiene (under the Ministry of Health). Better integration of the inspection function would likely improve the government's ability to combat child labor; the ILO has encouraged the GOU to pursue such integration. Some legal restrictions also constrain labor inspectors in their efforts to combat child labor. For example, labor inspectors cannot investigate cases on private, household farms, where child labor can in fact be quite common. Violators of child labor laws in the formal sector usually face only small administrative fines, and punishments do not constitute a serious deterrent. Legal employers are generally more visible, however, and therefore easier for the government to monitor. Employers of children who engage in criminal activities routinely face criminal prosecution when discovered. The majority of incidents of child labor occur in the informal or illegal sector. QUESTION: What level of resources does the government devote to investigating child labor cases throughout the country? How many inspectors does the government employ to address child labor issues? How many child labor investigations have been conducted over the past year? How many have resulted in fines, penalties, or convictions? ANSWER: Investigating child labor abuses is part of the State Labor Inspectorate's broader enforcement of labor laws, and there are no inspectors devoted solely to child labor. During inspections in 2005, the State Labor Inspectorate found 1865 cases in which adolescents under 18 years old were working. Inspectors passed 68 cases to law enforcement bodies to pursue criminal prosecution. Authorities filed administrative charges with the courts in 234 cases. Information on how these cases concluded is not available. Thirty-one employers faced administrative liability for refusal to cooperate with labor inspectors. QUESTION: Has the government provided awareness raising and/or training activities for officials charged with enforcing child labor laws? ANSWER: No, the government has not provided such training. C) Whether there are social programs to prevent and withdraw children from the worst forms of child labor QUESTION: What initiatives has the government supported to prevent children from entering exploitive work situations, to withdraw children engaged in such labor, and to advocate on behalf of children involved in such employment and their families? If possible, please provide information on funding levels for such initiatives. ANSWER: The President of Ukraine issued a Decree "On Priority Measures to Protect Children's Rights" on July 11, ¶2005. The government of Ukraine subsequently developed a series of policy initiatives to implement the President's goals. Among these initiatives are the following: -- The Decree "On the Statute of SOS-Children Village," issued on March 15, 2006, establishes a specialized non- for-profit organization, under the supervision of the Department of Juvenile Affairs, which seeks to provide disadvantaged children with life skills and educational opportunities within a family environment. -- "The State Program on Family Support for 2006-2010" was approved by the Government on May 11, 2006. It acknowledges the increasing number of street children and the high level of child neglect. The initiative sets a minimum level of financial assistance for vulnerable families. It also carries provisions for psychological support, and to carry out broad public awareness campaigns on family values and healthy lifestyles. -- "The State Program on Reforming the Boarding System for Children-Orphans and Children, Deprived of Parental Care," approved on May 11, 2006, seeks to restructure the nation's boarding schools, and to promote foster care and other alternative models of child care. -- "The State Program on Education Development for 2006- 2010," approved on July 12, 2006, aims to reform the Ukrainian education system along European lines. It supports improved education in rural areas and for children lacking parental care. -- The government amended the "Regulation On Setting and Payment of State Allowances for Families with Children" on August 1, 2006 to provide single-parent families with state allowances for children, up to 23 years of age, studying in institutions of higher education. The state previously provided such assistance for children only up to 18 years of age. QUESTION: Does the government support programs to promote children's access to schooling and to enhance the quality and relevance of schooling? If possible, please provide information on funding levels for primary and secondary education as opposed to tertiary education. ANSWER: The Ministry of Education and Science takes the lead in developing and implementing programs to support access to schooling. In particular, the Ministry publishes and supplies free manuals for schools, provides busing for children in rural areas, and supports teachers in rural schools through initiatives to provide teachers with housing and supplemental wages. The state budget allocated UAH 8.02 billion (USD 1.59 billion) for primary/secondary education (Grades 1-10) during the first seven months of 2006, and UAH 10.93 billion (USD 2.17 billion) in 2005. QUESTION: Does the government provide support to vocational programs for older children that can serve as an alternative to work? ANSWER: Yes. The Public Employment Service operates a vocational training program for unemployed youth who are outside the education system. In collaboration with the Ministry of Education and Science, the Public Employment Service also conducts job counseling and vocational reorientation activities to meet current labor market demands. QUESTION: Do the country's laws/regulations call for universal or compulsory education? Are these requirements enforced? ANSWER: Ukraine's Constitution calls for universal education, and authorities generally enforce this requirement. However, financial constraints deprive some children of access to education (see below). QUESTION: Is education free or are fees charged for attendance, books, supplies, or transportation? ANSWER: Public education is free, but students are sometimes expected to cover their own expenses for books, supplies (including school uniforms),and transportation. These expenses can be quite costly for poorer Ukrainian families and can, in rare cases, prevent some children from attending school. Transportation can be a particularly difficult impediment; the state's ability to provide buses in some school districts, particularly those between small villages, is limited by budgetary constraints. D) Does the country have a comprehensive policy aimed at the elimination of the worst forms of child labor? QUESTION: Does the country have a comprehensive policy or national program of action on child labor? If so, to what degree has the country implemented the policy and/or program of action and achieved its goals and objectives? ANSWER: Through the 2005 Decree "On Priority Measures to Protect Children's Rights," the President empowered the Government to draft a National Action Plan (NAP) for the period 2006-2016 aimed at the effective implementation of the UN Convention on the Rights of the Child, as well as a National Program to Combat Child Homelessness for the period of 2006-2010. The NAP, approved on April 22, 2006, tracks closely with the UN Convention on the Rights of the Child. The draft NAP also outlines an improved Child Labor Monitoring System. The NAP is currently under Parliamentary review and, if passed as a law by Parliament, would guarantee consistent state budget funding for the protection of the rights of children. The 2005 Presidential Decree also requested the Ministry of Justice to examine and improve the juvenile justice system. The Ministry of Interior, meanwhile, was tasked to improve efforts to locate missing children, better identify individuals who involve children in illicit activities (begging, prostitution, etc.),and bring these individuals to justice. QUESTION: Has the government made a public statement/commitment to eradicate the worst forms of child labor? ANSWER: President Viktor Yushchenko has made the elimination of the worst forms of child labor a government priority since taking office in 2005. E) Is the country making continual progress toward eliminating the worst forms of child labor? QUESTION: What is the child labor situation in the country (nature and magnitude),and how has it changed over the past year? Please provide source information or copies of data, estimates, and reports on the sectors/occupations in which child labor is found. ANSWER: As established by the Constitution of Ukraine, child labor has been and remains formally prohibited. However, it has always existed, and was an integral part of the Soviet educational system, considered valuable experience in preparing children for the workplace. Under the relatively stable, planned Soviet economy, child labor did not have an overly destructive impact on children because it was overseen by national education bodies and was considered to be a means of education rather than family subsistence. The situation changed dramatically after the collapse of the Soviet Union and the Ukrainian economy, however, when child labor as a large scale social and economic problem took on new dimensions. The collapse of the economic system fostered the emergence of a large shadow economy in which child labor is widely used. Petty commerce appears to be the most common occupation in which children are engaged, as approximately one third of working children sell products on the streets or in unofficial markets. Poverty became the primary driving force for child labor, and general social disorder rendered children unprotected, particularly in relation to the employer. -- Source: National Program for the Prevention and Elimination of the Worst Forms of Child Labor in Ukraine: Independent Evaluation, April 2006, p.47 The government has made progress in combating child labor in recent years, but substantial work remains. The majority of local government agencies, as well as some central government bodies, lack awareness, commitment, and capacity to plan and implement interventions to combat child labor. In addition, Ukrainian society has only recently begun to recognize the existence of child labor and associated problems. Broad societal support, strong and consistent political commitment, as well as support from a wide range of government agencies still need be ensured. Institutional capacity also needs to be strengthened, both in substantive (child labor related knowledge and methodology) and technical (program management capacity and resource mobilization) areas. That said, the government's recent efforts to combat child labor, and its cooperation with the ILO on this issue, have been a very positive step. -- Source: National Program for the Prevention and Elimination of the Worst Forms of Child Labor in Ukraine: Independent Evaluation, April 2006, p.31 End Text. GWALTNEY