MOLDOVA CHILD LABOR UPDATE FOR TRADE AND

UNCLAS CHISINAU 000049 STATE FOR EUR/UMB, DRL/ILCSR-TDAND LABOR FOR DOL/ILAB-TMCCARTER E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI MD SUBJECT: MOLDOVA CHILD LABOR UPDATE FOR TRADE AND DEVELOPMENT ACT REF: 08 STATE 127448 ¶1. Conditions for children in Moldova are difficult. Child poverty is widespread in families in both rural and urban areas. Children living in households without one or both of their parents (generally as a result of parents' out- migration to find work) make up about one-third of children in Moldova and are increasingly appearing among those who live in persistent poverty. In its latest country information on Moldova, UNICEF notes that more than 14,000 children are in institutions deprived of family care. According to data from the International Labor Organization/International Program on the Elimination of Child Labor (ILO-IPEC),in 2006 over 177,000 children had at least one parent working abroad, and some 22,000 had both parents working abroad. ¶2. According to the 2006 UNICEF report, the percentage of children attending primary school dropped from 94 percent to 88 percent between 2000 and 2005. Approximately 16,000 young people between the ages of 15 and 16 leave the educational system each year without any professional qualifications. ¶3. According to a 2000 UNICEF survey (the latest available figures since the Government of Moldova (GOM) does not collect child labor statistics), approximately 37 percent of children aged 5 to 14 were defined as "currently working," i.e., working for a non-household member or performing more than four hours per day of work, either in the home or on the family farm. Measured by income, 50 percent of the poorest children were working. ILO-IPEC discovered in 2007 research that two- thirds of rural children were engaged in farm work by the age of ten and that many were exposed to risks of injury or disease. ¶4. (Specific answers to questions raised in reftel begin here.) (A) Laws and regulations proscribing the worst forms of child labor: -- The Moldovan Parliament ratified ILO Convention No. 182 on February 14, 2002. The convention came into force on June 14, 2002. -- Moldova signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography in 2002, and ratified it on February 22, 2007. Enforcement began on March 16, 2007. -- On February 17, 2005, Parliament ratified the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime. -- The Criminal Code, which came into force on June 12, 2003, increased the level of child labor protection and contains specific provisions regarding the worst forms of child labor. -- On March 28, 2003, the GOM adopted a new Labor Code to reflect international norms. The code came into force on October 1, 2003. -- The Labor Code stipulates in Article 46 that the minimum age for employment is age 16. As an exception, a 15 year old child can sign a work contract if his/her health will not be endangered and if the work will not interfere with the child's growth, instruction, education and professional development. The child must have written consent from a parent or legal guardian. Under no circumstances may persons under 15 years of age be employed. -- Under Article 96 of the Labor Code, employees between the ages of 15 and 16 may work a maximum of 24 hours per week. Those between the ages of 16 and 18 may work a maximum of 35 hours a week. Article 100 of the Code stipulates that persons 15 to 16 years old may work no longer than five hours per day. Those between 16 and 18 years may not work more than seven hours per day. It is prohibited, according to Articles 110 and 111, for employees less than 18 years of age to work on weekends and official holidays. -- All employees under 18 years of age, according to Article 152 of the Labor Code, may be employed only after they have a thorough medical exam. Each individual must take and pass a mandatory medical exam--paid for by the employer--each year until he or she reaches 18 years of age. -- The Law on Children's Rights (No. 338-XIII of December 15, 1994) has two articles which address child labor. Article 6 protects children from any form of exploitation. Article 11 provides for the right of children to work according to their age capacity, state of health and professional training. This article stipulates that children age 14 and above can work with the written consent of their parents or legal guardian, contradicting the Labor Code which stipulates a minimum work age of 15 years of age. The GOM has indicated plans to amend the law to comply with the provisions of the Labor Code. However, the law has not yet been amended. -- The GOM has introduced numerous amendments to the Civil Administrative Code in order to make it consistent with ILO Convention No. 182. The Parliament has discussed a law on the protection of children in difficulty which would improve the legislative framework for dealing with children's issues. Parliament has taken no further action. -- Minors under 18 years of age have the same labor rights as adults. In addition, they are granted additional rights regarding labor protection, working hours, and annual leave. Labor Code Article 255 prohibits minors (under age 18) from participating in hazardous work. The definition of "hazardous work" covers work that is harmful or dangerous, as well as jobs that can damage minors' health or moral integrity, including work involving gambling, working in night clubs, and selling alcohol or tobacco. The GOM approved a special list of "hazardous work" not permitted for minors on September 7, 1993. The list includes industries, sub-industries, sectors and professions with arduous and dangerous labor conditions. It includes work underground in any profession, metallurgical work (e.g., working with heavy metals, steel making),energy and heat production, energy transmission and line equipment repair, and well drilling. -- There is no special child labor law in Moldova. The provisions of the Labor Code on minors' issues apply to all types of work. ¶5. (B) Regulations for implementation and enforcement of proscriptions against the worst forms of child labor: -- Legal remedies, civil fines and criminal penalties are used to enforce labor legislation, including child labor rules. -- The Collective Convention on the Elimination of the Worst Forms of Child Labor in Moldova and the List of Hazardous Child Labor entered in force on July 24, 2007. The Convention was designed and approved by the Moldovan National Commission for Tripartite Bargaining and Consultation on July 3, ¶2007. The Convention has the effect of law. -- In November 2007, a special provision on child pornography, Article 208 (1),was introduced into the Criminal Code. It provides for one to three years imprisonment or a fine between 2,000 and 4,000 conventional units for an offense. It came into force in December 2007. -- On March 11, 2008, the President of Moldova promulgated the Law on Prevention and Combating Family Violence. It has been in force since September 18, 2008. It stipulates provisions against hazardous work for minors. -- On March 26, 2008, the GOM approved the regulations for the operation of the National Committee on Trafficking in Human Beings (with ILO-IPEC as the implementing agency),the Committee's members, and the National Plan of Action for the Prevention and Combating of Trafficking in Human Beings for 2008-2009. -- On June 12, 2008, a National Cooperation Agreement was signed by the National Center for Child Abuse Prevention and three Moldovan ministries Q the Ministry of Economy and Trade, the Ministry of Education and Youth, and the Ministry of Social Protection, Family and Child, with ILO-IPEC as the implementing agency. -- According to the Criminal Code, the following worst forms of child labor are prohibited: Forced Labor Q Article 168 provides for up to three years imprisonment with a fine between 200 and 500 conventional units for an offense (Note: one conventional unit equals MDL 20.00 or USD 1.90, starting from February 2006. End Note.). Slavery and Conditions Similar to Slavery Article 167 provides for a fine between 200 and 600 conventional units or imprisonment for three to ten years. Trafficking in Children - Article 206 provides for 10 to 15 years imprisonment for trafficking in children and for involving children in the worst forms of child labor as defined in ILO Convention ¶182. In cases with aggravating circumstances, the punishment can be a life sentence. Sexual Offenses Q Articles 171-174 and Article 201 provide for three to 25 years or life imprisonment. Involvement of Children in Illicit Activities, including Begging or Gambling Q Article 208 provides for five to ten years imprisonment. Child Pornography Q Article 208(1) provides for one to three years imprisonment or a fine between 2,000 and 4,000 conventional units for an offense. Introducing Minors to Drug Use - Article 209 provides for a sentence of up to six years in prison. -- The minimum age for military recruitment is 18. The involvement of children in armed conflict is prohibited and the penalty for violation carries a fine between 200 and 600 conventional units or from two to five years imprisonment, according to Article 210 of the Criminal Code. -- The List of Worst Forms of Child Labor was published and adopted as an annex to The Collective Convention on the Elimination of the Worst Forms of Child Labor. It entered in force on July 24, 2007. -- Moldova has a Labor Inspection Office (LIO) which is responsible for investigating all cases of possible labor violations, including those related to child labor. The government was restructured in 2005 in an effort to consolidate and streamline its administration. Labor issues which had been the responsibility of the Ministry of Labor and Social Protection were split between a newly formed Ministry of Health and Social Protection and the Ministry of Economy and Trade. The LIO was moved into the Ministry of Economy and Trade. In November 2006, the Government reorganized the Ministry of Social Protection into the Ministry of Social Protection, Family and Child. -- On June 2, 2005, the Code on Administrative Offenses was amended to allow labor inspectors to apply administrative sanctions for non-criminal violations on behalf of the LIO without having to refer the case to a court as had been required prior to the amendment. Criminal inquiries are submitted for investigation to a prosecutor's office. The amendment also increased the fine for violation of labor legislation with regard to minors to MDL 2,000-5,000 or 100-250 conventional units. -- On June 2, 2005, the Parliament also adopted several amendments to the Law on Labor Inspection. The amended law allows for the inspection of both legal and physical persons, paving the way for labor inspection of the informal sector. It also allows the LIO to request local public administrations to withdraw the licenses of employers who repeatedly neglect labor inspection recommendations. -- The LIO has 123 employees with 93 of them conducting inspections. Two Labor Inspection Officers are posted in each district (raion) throughout the country. LIO employees investigate all types of labor violations, not just those connected to child labor. However, the government does not always keep separate records of those labor investigations that deal with child labor. The government does not publish statistics analyzing inspections and infractions by age or industry. No separate data exist for implementation of penalties imposed on those who involve minors in work that is hazardous to their health. -- LIO figures for 2008, for instance, report that a total of 7,739 inspections occurred and that 69,366 violations were noted, including 35,061 in labor protection issues. In 2008, the LIO registered and investigated 222 accidents, including 135 serious accidents and 66 fatalities affecting 241 people who suffered as a result of the accidents. LIO inspectors made 965 findings of administrative violations. -- As a result of LIO inspections in 2008, 48 companies in Moldova were found to be employing 300 persons under the age of 18. Almost half of the minors, 143, worked in agriculture; 86 minors worked in the textile industry; eight minors were sales persons; four minors were barmen; and 59 other minors worked as supporting (nonprofessional) labor. -- In 2008, the LIO detected 184 cases of violations of rules regarding employees younger than 18 years of age at 26 economic entities. These cases included a large range of violations. For instance, 89 persons under 18 years old did not have all the necessary documents for their employment, two minors were selling alcohol and tobacco items, and others worked without having required medical examinations or labored during nights, weekends and official holidays. LIO chief inspectors initiated 19 cases which resulted in administrative sanctions. Also in 2008, LIO inspectors registered four work accidents suffered by employees under age 18. -- According to ILO-IPEC, many children work in agriculture, but it is very difficult to identify children involved in forced labor in agriculture and those helping on family farms, a practice that is very common throughout the country. There are no specific laws that address child labor on family farms. However, in December 2007, the National Employers Federation of the Agriculture and Food Processing Industry approved the Code of Conduct against the Worst Forms of Child Labor for Employers in Agriculture and Food Processing Industry. It was an important step towards implementation of the Collective Convention on the Elimination of the Worst Forms of Child Labor in Moldova. -- In 2008, the Employers Federation in Agriculture and Food Processing Industry carried out training sessions for employers on labor law. -- One of the main tasks of the Ministry for Social Protection, Family and Child is to consolidate the government's child labor programs under one umbrella, and develop and implement policies on social insurance, social assistance, protection of the rights of children and family, gender equality, prevention of domestic violence, and social protection of victims. The Ministry created district-level directorates in 2008 to better meet this responsibility. -- On May 28, 2007, a Child Labor Unit (CLU) was set up within the Labor Inspectorate of Moldova. The CLU includes two persons who act as a secretariat of the National Steering Committee on the Elimination of Child Labor (established in 2004) and are responsible for developing, implementing and monitoring the national response for the eradication of child labor in Moldova. -- In June 2007, the Labor Inspectorate, with the support of the ILO-IPEC, developed a country- specific Training Curriculum for Labor Inspectors on Combating Child Labor. This curriculum was used to train 34 labor inspectors from five of ten labor inspectorates. -- In May 2007, the Child Labor Documentation Center was organized within the Labor Inspectorate. The Center is equipped with updated information on relevant legislation and policies, information materials and working tools for multidisciplinary professionals dealing with the issue of child labor. -- Three Moldovan universities mainstream child labor issues into the curricula of their Psychology and Social Work departments as part of other disciplines. -- As of January 2008, 580 newly recruited social workers from 33 local areas benefited from eight- hour training sessions on the worst forms of child labor and the child labor monitoring system funded by the Ministry of Social Protection, Family and Child. UNICEF facilitated the training by two local experts trained by ILO-IPEC. ¶6. Whether there are social programs to prevent and withdraw children from the worst forms of child labor: -- In April of 2004, a Memorandum of Understanding was signed between the GOM and the ILO to establish the International Program on the Elimination of Child Labor (IPEC) in Moldova. The ILO-IPEC program is funded by Germany and the U.S. Department of Labor. In May 2004, the National Steering Committee on the Elimination of Child Labor was created to oversee and guide the activities of ILO-IPEC in Moldova. The National Steering Committee has a tripartite structure made up of relevant GOM ministries, ILO-IPEC, and workers' and employers' organizations. It also includes a consultative group which includes international organizations and related NGOs. ILO-IPEC is funding several programs, including a project being implemented by the NGO La Strada to improve the reintegration of child trafficking victims. UNICEF is funding a Center for Child Abuse Prevention in Chisinau that deals with children at risk, including potential victims of trafficking and exploitation. -- A National Human Rights Action Plan was adopted by the Parliament in November 2003 for the period of 2004-2008. The Action Plan included separate chapters dedicated to preventing and combating trafficking in human beings, ensuring the right to education and ensuring the rights of children. -- The GOM approved the National Strategy on "Education for All" (2004-2008) in April 2003. The Ministry of Education drafted the strategy and was responsible for its implementation and oversight. The main objective of the Strategy was to provide access to high-quality early and basic education to all children, especially children from vulnerable families. -- Article 9 of the Law on Education specifies compulsory primary and secondary education for every child under age sixteen. However, ILO-IPEC reported in its 2005 "Child Trafficking - The People Involved" report that despite this law and the Education for All strategy, the number of unschooled children is growing. Some children of school age have never attended school. Of the children who do attend, only 80 percent attend regularly and many children drop out of school early to start work. -- On July 1, 2008, the United Nations Populations Fund in cooperation with the Ministry of Social Protection, Family and Child launched a project on designing a national data base on cases of violence. The budget is USD 120,000 and it will be piloted in two Moldovan districts, Drochia and Cahul. The project is contributing to the enforcement of the Law on Prevention and Combating Family Violence. According to the November 2007 UNICEF report on Assessment of Level of Responsiveness of the Child Protection System in Identification, Documentation and Reporting on Case of Violence against Children, 129 cases of 989 total cases of violence against children registered in 2007 were related to child labor. -- On July 11, 2008, the GOM approved the creation of the Center for Assistance and Protection to Victims and Potential Victims of Trafficking in Human Beings. The GOM contributed 25 percent of the budget for the center's running costs in 2008. The center is an integral part of the Strategy of the National Referral System for Assistance and Protection of Victims of Trafficking that was adopted by the Parliament on December 5, 2008. -- The National Plan of Actions on the development of national statistics for 2008-2011 (within the National Development Strategy) envisages a research module on child labor to be launched in 2009 as a part of the Labor Force Survey. However, no funds for this activity have been allocated. ¶7. (D) Does the country have a comprehensive policy aimed at the elimination of the worst forms of child labor? -- The Government of Moldova approved the National Employment Strategy of Moldova for the period 2006-2020 on May 31, 2007. The strategy will facilitate access to decent and sustainable employment by aligning academic and vocational education with labor market needs and increasing vocational counseling, especially in rural areas. -- On July 3, 2007, the National Commission for Tripartite Bargaining and Consultation approved the Collective Convention on Elimination of the Worst Forms of Child Labor and the List of Worst Forms of Child Labor prohibited to children. -- On July 10, 2008, Parliament approved the Law on Labor Force Migration. The law stipulates that all citizens of Moldova with minor children planning to work temporarily abroad must submit documentation issued by their local Child Protection office to the National Employment Agency certifying that they have arranged for care of their children prior to their departure. According to IPEC data, 177,195 children in Moldova had at least one parent working abroad and 21,860 children had both parents working abroad in ¶2006. According to different sources, the number of labor migrants varies between 300,000 and 1 million, while Moldova's population totals some 3.5 million, excluding Transnistria. -- Public and private education is available in Moldova. Public education is free by law. However, extra fees for books and uniforms in public schools can make costs prohibitive for some families. ¶8. (E) Is the country making continual progress toward eliminating the worst forms of child labor? The GOM has taken positive legislative and regulatory steps in recent years to address problems related to child labor. However, lack of government funding; poor staffing levels in monitoring agencies; customary employment of children, especially during the harvest; cultural norms which regard child labor as a normal part of growing up; lack of accurate, up-to-date data about children's employment in the informal sector; and administrative incapacity all make implementation of existing laws and regulations difficult. CHAUDHRY