UPDATE OF WORST FORMS OF CHILD LABOR: CROATIA

UNCLAS SECTION 01 OF 04 ZAGREB 001049 SIPDIS SIPDIS DOL/ILAB FOR TINA MCCARTER STATE FOR DRL/IL TU DANG, EUR/SCE E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI USAID HR SUBJECT: UPDATE OF WORST FORMS OF CHILD LABOR: CROATIA REF STATE 149663 AND 158223 ¶1. Summary: Child labor is not a significant problem in Croatia. Croatia has a strong institutional and legal framework for protecting the rights of minors and a good track record of taking action to prevent child labor. Problems are isolated and infrequent and are addressed effectively by authorities. End Summary. -------------- Legal and Regulatory Framework -------------- ¶2. Croatian Labor Law sets the minimum age for employment at 15 years; children ages 15 to 18 may work only with written permission from a legal guardian. Children under 15 may work or participate in artistic or entertainment functions (such as film productions) with permission from the parent or guardian and the Labor Inspectorate, provided that the work is not harmful to the child's health, morality, education, or development. The Ministry of Economy, Labor, and Entrepreneurship (MELE) enforces the minimum age of employment. According to stipulations in the Labor Law and the Occupational Safety and Health Act, children under age 18 are prohibited from working overtime, at night, under dangerous labor conditions, or in any other job that might be harmful to a child's health, morality, or development. Minors under age 18 are expressly prohibited from working in bars, nightclubs, and gambling establishments. The Family Law contains provisions for the protection of the rights and welfare of children. The Children's Ombudsman coordinates government efforts to promote and protect the interests of children and is obliged to report any findings of exploitation to the State Attorney's Office. The Constitution prohibits forced or bonded labor, and the Criminal Code bans individuals from forcing children to beg. Croatia ratified ILO Convention 182 (Prohibition and Immediate Action for Elimination of the Worst Forms of Child Labor) in 2001 and Convention 138 (Minimum Age for Admission to Employment) in 2002. In addition, the GoC also adopted the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography. Military conscription has been abolished effective January 1, 2008. ¶3. The worst forms of child labor may be prosecuted under different statutes in Croatia. The Criminal Code outlaws international ;prostitution, including solicitation of a minor, and prohibits procurement of minors for sexual purposes, prescribing one to ten years of imprisonment for violations. The law also forbids using children for pornography and prescribes one to five years of imprisonment for violations. Article 178 (1) of the Criminal Code indicates that international prostitution pertains to "[w]hoever tempts, recruits or instigates the other person to provide sexual services for profit in a country other than the one of whose residence or citizenship that person is," and Article 178 (2) indicates, "[w]ho compels another person by using physical force, or induces that person using threats, or by deceit to go to a country other than the country of that person's residence or citizenship, to provide sexual services for money..." In July 2004, the Criminal Code was amended, introducing Trafficking of Persons and Slavery as a separate criminal act with a minimum prison sentence of five years when a child or a minor is involved (this provision went into force as of October 1, 2004). In 2006, changes to the same provision provide for imprisonment of 3 months to 3 years for perpetrators who knowingly use TIP victims. Amendments to the Criminal Code in 2006 strengthened the legal framework for abuse of children or minors for pornography, including Internet pornography. -------------- Implementation and Enforcement -------------- ¶4. The Labor Inspectorate of Croatia implements and enforces child labor legislation. The office employs 102 inspectors, who are responsible for enforcing labor laws and regulations. Special attention is paid to the employment of minors. In addition to following up on complaints of possible violations, the Inspectorate also conducts unannounced site inspections. In 2006, the Labor Inspectorate ordered the Ministry of Interior and the Ministry of Health and Social Welfare to search for and process violators more stringently and called for better cooperation between social agencies and police. In a separate decision, the GoC ordered the Labor Inspectorate to increase inspections of establishments that employ minors. (See paragraph 18 for data). ¶5. Legal remedies available to government agencies for enforcing child labor laws are regulated by the following: -Labor law; -Regulation on work for which minors may be employed and types of employment allowed only after confirmation of physical ability (published in National gazette 59/02); -Law on Work Safety; ZAGREB 00001049 002 OF 004 -Criminal Law; -Law on Children's Ombudsmen; -Law on Legal Defense; -Law on Elementary Education -Law on Juvenile Courts; -National Program for the Protection of the Best Interests of Children 2006-2012; -National Plan for the Suppression of Trafficking of Children (2005-2007); ¶6. Fines for violating child labor laws range from 1,000 HRK ($200) to 100,000 ($20,000),depending upon the gravity of the violation. According to the Office of the Ombudsman for Children, the regulations are, for the most part, adequate and effective, but work continues on new regulations to increase the effectiveness of protecting children's rights. In 2006, amendments to the Criminal Law included increased minimum fines for violations as well as increased jail sentences for crimes in connection with sexual abuse of minors, abuse of children or minors for pornography and child Internet pornography. The amendments were intended to send a stronger message to the public, particularly since the courts have frequently been lenient towards offenders. ¶7. Croatia has reached general global standards in regard to addressing and investigating violations. The National Program for the Protection of the Best Interests of Children (2006 -2012) includes proposals for developing legislation that regulates the types of work and employment of children to further protect children from economic exploitation and employment that could be harmful to their development and health. ¶8. Increasing education and awareness of the problems of child labor and other children's issues is done in accordance with the laws and national plans. In 2006, judges were educated about the changes in the courts' authority in application of the Family Law. A representative of the NGO Djeca Prva said, however, that regardless of the existing National Plans, Croatian society needs to be further sensitized to children's rights in order for violations to be recognized. ¶9. The National Plan for Suppressing Trafficking of Children includes a protocol for the exchange of information between authorities in cases of trafficking, publication of a handbook for police officers and social service workers for recognizing threatening situations and for the creation of databases that would include child victims and current court cases. The Children's Council of the State Institute for the Protection of the Family monitors and promotes the application of the Convention on the Rights of the Child. -------------- Social programs and government initiatives -------------- ¶10. The Ministry of Science, Education and Sport offers high schools a choice of 15 prevention programs, one of which covers the economic exploitation of children. Each school picks the programs that address problems faced by children in their communities. A Ministry of Education official stated that, because exploitation of children for economic purposes is not statistically high in Croatia and is not currently seen as a threat, the topic is covered, but the schools do not usually include the program that covers this issue. According to representatives of UNICEF and Djeca Prva, there are no programs currently offered for preventing the worst forms of child labor outside of the scope of the activities provided for under the National Action Plan for Children and the National Plan of Suppressing Trafficking (See paragraph 14). Representatives from both organizations said this is not a problem they directly cover, nor is it a prominently reported problem; however, both stated that statistics are lacking. NGO Djeca Prava offers programs to educate children to be assertive and to recognize their right to say "No" while, at the same time, educating adults on a child's rights to refuse. NGOs have undertaken such programs because they feel that Croatian society, as a whole, needs to be enlightened on the entire field of children's rights. In February 2007, Croatia adopted the Youth Council Act which aims to promote the participation of young people in public life. ¶11. Based on the Convention on Children's rights and the Constitution of the Republic of Croatia, every child living in Croatia is guaranteed and obligated to receive an education. In June 2007, the Government passed a National Plan for Measures of Introducing Mandatory High School Education which will take effect in 2008. According to official statistics from the Ministry of Science, Education and Sport, in 2007 school enrollment was at nearly 100 per cent. In accordance with the decision of a special committee, less than one per cent of school-aged children did not enroll because of psycho-physical problems. Ninety-eight per cent of students complete elementary school. Enrollment statistics are ZAGREB 00001049 003 OF 004 based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Recent primary school attendance statistics are not available. According to the Ombudswoman for Children, the conditions for universal education exist in Croatia. ¶12. Currently, the education system provides special schooling for children with special needs in order to prepare them for work in the trades sector. The education system also provides vocational education at the high school level for all students interested in learning a trade. ¶13. Statistics show that ethnic Roma children in Croatia face greater obstacles in education than the population at large. Discrimination and poverty are factors, but so too are social pressures that often lead Roma parents to take their children out of school for work. Estimates are that only 10 percent of Roma children graduate from secondary school, while up to 39 percent are illiterate. According to a survey financed by the UN Development Program (UNDP) in 2005, only 17 percent of Roma children over the age of 12 completed primary education, compared to 74 percent of the non-Roma population living close to Roma settlements. However, there are also some positive trends. In the last two years, the number of Roma children included in pre-school education programs has increased from 345 to 707, while the number of those attending primary school has tripled from 1,013 to 3,010. The Office for National Minorities has a special program for the inclusion of Roma children in the education system. Croatia also initiated a program called the "Decade of Roma Inclusion 2005-2015" to better document and aid the Roma minority community. -------------- Government Initiatives -------------- ¶14. The Ministry of Family, Veterans' Affairs and Intergenerational Solidarity developed the National Program for the Protection of the Best Interests of Children for 2006-2012, which provides preventive and protective measures for children with regard to all types of sexual abuse, including commercial sexual exploitation. In 2004, the government adopted a National Strategy for the Suppression of Trafficking in Persons from 2005 to 2008 and Operational Plans for the Suppression of Trafficking in Persons for 2005, 2006 and 2007. In October 2007, the GoC signed the Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse. ¶15. The trafficking operational plans call for the implementation of all goals and objectives that are listed in the National Program for the Suppression of Trafficking from 2005 to 2008, as follows: legislative framework, identification of the victims, prosecution and penalization of perpetrators, prevention, education and help and assistance to the victims, inter-ministerial and inter-sectoral cooperation and international cooperation. Police screen all illegal migrants for TIP evidence. Local social welfare centers provide assistance to all minor TIP victims. Croatia has legislation in place that establishes special procedures for cases where victims or perpetrators are minors. The government also established a shelter specifically for minor victims of trafficking; IOM provides assistance and support to victims. The government also conducted in-service police training on trafficking-recognition, funded a national hotline for victims of trafficking and anti-trafficking awareness campaigns, and co-sponsored with several NGOs a number of prevention programs on the trafficking of persons. ¶16. In June 2004, a working group on child trafficking was established. The GoC adopted the National Plan for the Suppression of Trafficking in Children from 2005 - 2007, which also covers areas already mentioned in the GOC National Programs and Operational Plans. The National Plan for Children takes into consideration special needs of children and is based on principles from the UN Convention on the Rights of Children. In 2006 the GoC organized and funded training in cooperation with local NGOs that targeted social workers in reception centers responsible for assistance and protection of illegal minor migrants. The Child Trafficking Prevention Program is implemented by the Center for Social Policy Initiatives, a national NGO, in partnership with the Ministry of Labor and Social Welfare, the Ministry of the Interior, and IOM. Modules have been developed on child trafficking, child exploitation, sexual exploitation of children, child pornography, and the worst forms of child labor. Teachers have been trained to use the program, and a pilot project is underway in five elementary schools in Zagreb. The government also works with international organizations to assist trafficking victims and cooperates with other governments in the region. Croatia also participated in a regional program implemented by ILO-IPEC on combating child labor in the Stability Pact Countries, with a special focus on the worst forms of child labor. ZAGREB 00001049 004 OF 004 -------------- Recent Data -------------- ¶17. Statistics on the number of working children under age 15 in Croatia are unavailable. Children are employed in the hospitality, retail, industrial, construction, and media (film and reality television) sectors. Roma children reportedly are being forced to beg and are also vulnerable in the agricultural sector. ¶18. The most recent data available for the worst forms of child labor are for 2006 and include the conviction of seven persons for exploiting children for pornography and one conviction for internet child pornography. For 2006, the Labor Inspectorate reported 48 inspections, during which a total of 130 violations of child labor related legislation were discovered involving 59 minors. Employers in the fields of hospitality, tourism, retail, industry (bakeries), construction and trades services were inspected. Minors (between the ages of 15-17) were found working as waiters and assistant waiters (35 minors, 6 male and 30 female),a hairdresser (female), cooks (1 male, 3 females),a kitchen assistant (female),bakers (4 males),salespeople (1 males, 4 females),assistant construction workers (2 males),scaffolding builders (2 males),a porter, a newspaper vendor (1 male),an agriculture laborer (1 male),and a pastry maker (1 female). The violations include the employers withholding work contracts, not being in possession of individual permission for employing minors, not granting proper break times (daily and weekly),endangering the health of a minor, employing a minor under the age of 15, keeping minors over-time, scheduling minors to work during night hours and not properly registering minors for health and pension benefits. ¶19. According to analysis of violations during this and previous years, the Labor Inspectorate has determined that violation of children's rights in employment is not a common occurrence. Embassy Zagreb's conversations with government officials and NGOs support the conclusion that the worst forms of child labor are extremely rare in Croatia and that the state mechanisms to address them are effective. BRADKTE