Identifier
Created
Classification
Origin
10CHISINAU62
2010-02-03 12:39:00
UNCLASSIFIED
Embassy Chisinau
Cable title:  

MOLDOVA'S INFORMATION ON CHILD LABOR AND

Tags:  ELAB EIND ETRD KTIP PHUM SOCI MD 
pdf how-to read a cable
VZCZCXYZ0005
RR RUEHWEB

DE RUEHCH #0062/01 0341239
ZNR UUUUU ZZH
R 031239Z FEB 10
FM AMEMBASSY CHISINAU
TO RUEHC/SECSTATE WASHDC 8831
RUEHC/DEPT OF LABOR WASHINGTON DC
INFO RUEHGV/USMISSION GENEVA 0001
UNCLAS CHISINAU 000062 

DEPT PASS TO DOL FOR ILAB LEYLA STROTKAMP, RACHEL
RIGBY,
AND TINA MCCARTER
DEPT FOR DRL/ILCSR SARAH MORGAN
DEPT ALSO FOR G/TIP MARK TAYLOR AND LUIS CDEBACA

SIPDIS

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI MD
SUBJECT: MOLDOVA'S INFORMATION ON CHILD LABOR AND
FORCED LABOR FOR DOL CONGRESSIONAL REPORTING
REQUIREMENTS

REF: 09 STATE 131995

UNCLAS CHISINAU 000062

DEPT PASS TO DOL FOR ILAB LEYLA STROTKAMP, RACHEL
RIGBY,
AND TINA MCCARTER
DEPT FOR DRL/ILCSR SARAH MORGAN
DEPT ALSO FOR G/TIP MARK TAYLOR AND LUIS CDEBACA

SIPDIS

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI MD
SUBJECT: MOLDOVA'S INFORMATION ON CHILD LABOR AND
FORCED LABOR FOR DOL CONGRESSIONAL REPORTING
REQUIREMENTS

REF: 09 STATE 131995


1. In order to obtain information for this cable,
Econoff contacted the International Labor
Organization Office -International Program on the
Elimination of Child Labor (ILO-IPEC) in Moldova,
the Ministry of Labor, Social Protection and
Family, the Ministry of Internal Affairs, the
General Prosecutor's Office (GPO),the National
Statistics Bureau (NSB) and members of the
National Steering Committee for ILO-IPEC. All
agencies and organizations were very helpful in
compiling this report for Tasking 1 (1/TVPRA) on
the use of force labor and/or exploitive child
labor in the production of goods and for Tasking 2
(2/TDA) on additional information on exploitive
child labor for countries eligible for trade
benefits under the Generalized System of
Preferences and other trade programs. Specific
answers to the questions in reftel begin here.

TASKING 1/TVPRA
--------------


2. There is very little evidence of forced labor
or exploitative child labor in the production of
goods in Moldova for export or domestic
consumption. Cases of children doing agricultural
labor for their parents on bona fide family farms
do exist in Moldova, a practice that is very
common throughout the country. However, this
practice cannot be applied to any specific goods.
Moldova's efforts at eliminating child work in
agriculture were appraised as successful at the
ILO's Eighth European Regional Meeting in Lisbon
in February 2009.
http://www.ilo.org/public/english/region/eurp ro/ge
neva/download/events/lisbon2009/dgreport2_ru. pdf
(Russian version)

3. Moldova was severely affected by the global
financial crisis and experienced a drop of nine
percent in GDP in 2009. According to the recent
UNDP study "Impact of the Global Financial Crisis
on the Local Communities in Moldova," some parents
stated that they would have to ask their children
to work in order to sustain family income.

http://www.undp.md/presscentre/2009/ILDP_Repo rt_Cr
isis/Report_impact_financial_crisis_eng.pdf

TASKING 2/TDA
--------------

2A) PREVALENCE AND SECTORIAL DISTRIBUTION OF
EXPLOITIVE CHILD LABOR
-------------- --------------
--------------


4. In 2009, some children were involved in
trafficking, prostitution, and begging whereby a
child is usually together with the mother begging
on streets in Moldova.


5. The Government of Moldova (GOM) is willing to
provide its data on exploitive child labor to the
DOL for further analysis. Moldova has a Labor
Inspection Office (LIO) in the Ministry of Labor,
Social Protection and Family, which is responsible
for investigating all cases of possible labor
violations, including those related to child
labor. The GOM collects and publishes some data
on exploitive child labor. However, the data
stems from various sources and is not easily
compiled into comprehensive reports.


6. Beginning in May 2010, the GOM expects to have
better statistics on child labor as the result of
a new National Child Labor Study (NCLS) which it
began in July 2009 and will complete in May 2010.
The NSB is conducting the NCLS in partnership with
ILO-IPEC. ILO-IPEC statisticians visited Moldova
in April and July 2009 to provide technical
assistance to the NSB in developing the research
methodology for the NCLS as a separate module of a
broader Labor Force Survey of 12,500 households.



2B) LAWS AND REGULATIONS
--------------


7. In January 2009, a new provision of the Law on
Labor Force Migration came into force, which is
designed to ensure better protection and care of
children left behind by migrant parents working
and living abroad. The new provision requires
parents to legally designate a caretaker for
children left behind in Moldova.


8. In January 2009, a Law on Occupational Safety
and Health came into force, Article 22, which
includes child laborers in the category of
vulnerable groups that should be protected against
specific risks at workplaces.


9. In February 2009, a parliamentary decision on
the adoption of the Strategy on the National
Referral System for Protection and Assistance of
Victims and Potential Victims of Trafficking (NRS)
and its Action Plan for 2009-2011 entered into
force. The NRS is a collaborative framework
including institutions responsible for combating
trafficking in human beings based on common
organizational standards designed locally in
harmony with international standards. The NRS was
integrated into the GOMQs National Development
Plan for the period of 2008 to 2011, which is the
major guiding policy for the GOM.


10. On May 31, 2009, a new version of the Code on
Contraventions came into force, which replaced the
previous Soviet version in effect since 1985.
Articles 55 and 58 of the new Code stipulate fines
for the violation of labor rights, including
provisions for violations of the rights of minors.
Article 63 in the code stipulates a fine for
parents or legal guardians who violate children's
rights to care and education and/or whose children
enter vagrancy, begging, and illicit activities.
http://lex.justice.md/index.php?action=view&v iew=d
oc&lang=1&id=330333 (Romanian and Russian)


11. In July 2009, the Collective Convention in the
Construction Sector for 2009-2013 came into force
with provisions against the worst forms of child
labor.


12. The GOM is currently working on a draft law to
amend Article 46 of the Labor Code, which
stipulates that the minimum age for employment in
Moldova is 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. The new amendment to Article 46 will
exclude this existing exception. As a result of
the adoption of the new amendment, the minimum
employment age in Moldova will be 16 for all
children.

2C) INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT -
HAZARDOUS CHILD LABOR AND FORCED CHILD LABOR
-------------- --------------


13. Moldova has a Labor Inspection Office (LIO)
responsible for investigating all cases of
possible labor violations, including those related
to child labor. The new GOM, which took office
September 25, 2009, consolidated all offices
overseeing child labor violations in an effort to
streamline enforcement. Labor issues which had
been previously split between the Ministry of
Labor, Social Protection and Family and the
Ministry of Economy were consolidated into the
Ministry of Labor, Social Protection and Family.


14. In 2007, a Child Labor Unit (CLU) was set up
within the LIO. The CLU includes two persons who
act as a secretariat for the National Steering


Committee on the Elimination of Child Labor which
was established in 2004. The secretariat is
responsible for developing, implementing and
monitoring the national effort to eradicate child
labor in Moldova.


15. The Ministry of Internal Affairs (MIA) has
dedicated offices for overseeing children's issues
with responsibility for dealing with children's
rights, life and health protection, and combating
hazardous and forced child labor.


16. In November 2009, the second Memorandum of
Understanding between ILO-IPEC and GOM came into
force. The memorandum will be effective for five
years.
In addition to ILO-IPEC, there are several NGOs in
Moldova dealing with child labor issues including
the National Center for Child Abuse Prevention
(NCCAP),the Center for Prevention of Trafficking
in Women and La Strada. There is also a
parliamentary ombudsman for children's rights.
http://www.crin.org/organisations/vieworg.asp ?id=4

595.


17. The National Steering Committee for ILO-IPEC
was set up in 2004 based on the first Memorandum
of Understanding between ILO-IPEC and the GOM.
The Committee held 14 meetings over the period
2006Q2009.


18. Multidisciplinary teams (MDTs),created under
the ILO-IPEC Project in 2005, are currently
functional in five target areas on a pilot basis.
Within the local Child Labor Monitoring System
(CLMS),the MDTs organized and documented 176
half-day operational meetings and 27 local
meetings with peer educators groups and members of
five municipal and districts anti-trafficking
committees in 2009. The meetings contributed to
the referral of 877 cases. These cases consisted
of 102 victims of worst forms of child labor, six
victims of child trafficking and 769 children at
risk. Attorneys from the GPO also participated in
MDTs meetings, where cases and causes of child
abuses were examined, including child labor
issues.


19. A Permanent Tripartite Council on Child Labor
within the National Commission for Consultations
and Collective Bargaining was formed in February

2009. The Council includes six members,
representing the GOM, workers and employers'
organizations.

20. A group of national experts on child labor was
approved by the GOM in May 2009. The experts
expressed their commitment to continue their
successful work towards a Moldova free of worst
forms of child labor by 2016.


21. The project "Development, Awareness Raising
and Support for the Implementation of the Global
Action Plan on the Elimination of the Worst Forms
of Child Labor by 2016" (GAP Project),funded by
the USDOL, began in April 2008 and will end in
September 2010. The GAP Project aims to set time-
bound targets for the elimination of the worst
forms of child labor in Moldova through the
formulation of a comprehensive National Action
Plan (NAP) to eliminate child labor in Moldova.
The timeframe for the NAP will be determined
during the formulation process. The NAP will
define specific, measurable, achievable, relevant
and time-bound indicators and means of
verification for the elimination of child labor.


22. The Ministry of Labor, Social Protection and
Family is the key agency in terms of collecting
relevant information from other agencies and NGOs.
The NSB is currently in the process of collecting
information under the National Child Labor Study.
Following completion of the study in 2010, ILO and
NGOs expect the mechanism for exchanging
information on child labor to be improved in


Moldova.


23. In addition to contacting the police, LIO, and
NCCP, there are three major hotlines for reporting
labor violations, including child labor issues.
They are the LIO hotline, the Day Care Center for
Children 'AMICUL' hotline funded by NCCAP, and the
La Strada hotline. The LIO hotline gets an
average of 20 calls per day on various labor
related issues, roughly 5,000 per year. In
2009, only two cases of child labor were referred
to the LIO hotline. In one case, children were
working at a bakery during the night and, in the
second, children were involved in field work
during school hours. In 2009, the Consultative
Telephone Line for the Referral of Potential Cases
of Child Neglect and Abuse, operated by the staff
of AMICUL, registered 254 calls, including 27
cases of child trafficking, 66 cases of hazardous
child labor work and 155 cases of physical,
emotional and sexual abuse and neglect. The La
Strada hotline received 341 calls for the period
January 1-August 31, 2009.
http://lastrada.md/date/statistica/ In August
2009, a new hotline called 'ChildQs Telephone' was
introduced by an initiative of the childrenQs
rights ombudswoman, Tamara Plamadeala, supported
by the OSCE Mission to Moldova.


24. The exact amount of state funding provided to
the agencies combating child labor is not
available. However, in the current economic
crisis funding is limited.


25. Elements of the IPEC model interventions
against worst forms of child labor were replicated
in the VET Project implemented by Hifab
International from January 2006 to December 2009
with a budget of EURO 1.5 million (USD 2.216
million) and the UNDP project "Better
Opportunities for Women and Youth" from October
2004 to March 2009 with a budget of USD 3.5
million.


26. The MIA reported 6,572 inspections of
different localities frequented by youth including
recreation areas, internet cafes and gambling
machines. In most cases, the MIA inspections were
carried out together with representatives of other
institutions responsible for children's rights,
including LIO staff and local government
representatives.


27. The LIO has 96 employees, 15 of whom work in
the main office and 81 officers posted in ten
offices throughout the country. LIO employees
investigate all types of labor violations,
including those related to child labor. LIO notes
in its 2009 report, that a total of 7,073
inspections occurred and 68,727 violations were
noted, including 38,071 in labor protection
issues. The inspections were carried out in
different sectors, including those where children
worked. As a result of LIO inspections, 30
companies were found to be employing 102 persons
under the age of 18. Over one third of the
minors, 40, worked in agriculture, 35 minors
worked in the textile industry, 19 minors worked
as supporting labor, five minors were barmen and
cooks, and three minors worked in construction.


28. In 2009, LIO identified cases of violations of
the rules regarding employees younger than 18
years of age. LIO reported on eight economic
entities where 10 persons under 18 years of age
did not have all the necessary documents for their
employment. Other cases included a range of
violations, including the transportation and sale
of alcohol and tobacco items, working under
dangerous conditions, not having the required
medical examinations prior to employment, working
fulltime, not receiving annual leave, or being
denied the compensation provided by law. The ILO
inspectors initiated reviews which resulted in


administrative sanctions against the companies and
orders to eliminate all violations including the
removal of children under age 18 from dangerous
work conditions and night shifts.


29. According to ILO-IPEC data, in the period from
February 2008 to June 2009, 877 cases of
violations of children's rights were registered,
including 102 cases of worst forms of child labor,
six cases of child trafficking and 769 cases of
children at risk. The data showed that 92
children were withdrawn from situations of worst
forms of child labor (hazardous child labor in
agriculture, street work and trafficking) and 486
children were prevented from entering into worst
forms of child labor by means of educational
services and other non-educational services. In
addition, 12 children were removed from worst
forms of child labor and 283 children were
prevented from entering worst forms of child labor
by non-educational services, e.g. job counseling
sessions.


30. In 2009, the MIA made 4,907 findings of
administrative violations of Article 63 of the
Contravention Code, which refers to parental
negligence. The MIA inspectors recorded four
findings of administrative violations of Article
58 of the Contravention Code, which refers to the
prohibition of work in conditions dangerous to the
health of minors. One case was registered in
Chisinau, the capital city, and three cases in the
southern part of Moldova, in the Ceadir-Lunga
district. Two cases of forced child labor were
opened. One case was of forced child labor in
agriculture, involving three minors and a second
case of begging. The second case was remitted to
courts for further examination. One case in
agriculture was closed by amicable agreement. The
activities of authorities in enforcing laws to
combat exploitive child labor reflect a commitment
by the GOM to eliminate child labor.


31. In 2007, the LIO, with the support of ILO-
IPEC, developed a country-specific Training
Curriculum for Labor Inspectors on combating child
labor. This curriculum is used to train labor
inspectors from the LIO regional offices. Three
Moldovan universities mainstream child labor
issues into the curricula of their psychology and
social work departments. In June 2009, the
National Confederation of Trade Unions in Moldova
organized a one-day roundtable on the "Social
Responsibility of Trade Unions and Elimination of
Worst Forms of Child Labor" to stimulate debate on
the issue and implementation of codes of conduct
against child labor. The roundtable participants
were from employers' organizations, public
institutions, NGOs and ILO. The event was well
covered by media.


32. In June 2009, a half-day workshop to present
employersQ experience in combating the worst forms
of child labor in agriculture was organized by the
National Federation of Employers in Agriculture
and Food Industry. The federation, employers'
organizations, public institutions and ILO
discussed the findings of the monitoring report on
the implementation of the code of conduct for
employers against worst forms of child labor in
agriculture. The event, including interviews with
international and local ILO staff, was well
covered by media.


33. The International Organization for Migration
supported ILO-IPEC partners in training 11 of 17
MDTs on ways to tackle cases of child abuse and
worst forms of child labor.


34. Under the ILO-IPEC Action Program for
"Mainstreaming, Capacity Building and Resources
Mobilization for Upscaling the Child Labor
Monitoring System (CLMS) and Youth Employment
Models in Moldova," a total of 99 representatives


from relevant public institutions and NGOs from
five IPEC areas benefited from capacity building
activities between February 2008 and June 2009.
These activities were aimed at increasing outreach
in five areas, scaling up the CLMS and youth
employment models in all areas of Moldova and
establishing strategic priorities for sustainable
prevention and combating of child labor beyond the
timeframe of the IPEC Action Plan in Moldova.


35. In 2005, the Child Labor Monitoring Guide was
developed and published as part of the IPEC
program implemented by the NCCAP. The Guide was
used for the training of multidisciplinary
professionals, involved in child labor monitoring,
and social workers from all areas of Moldova.
Improving the CLMS has been declared a priority by
the NSC for ILO-IPEC.

2D) INSTITUTIONAL MECHANISMS FOR EFFECTIVE
ENFORCEMENT - CHILD TRAFFICKING, COMMERCIAL SEXUAL
EXPLOITATION OF CHILDREN
-------------- --------------
--------------


36. The Center for Combating Trafficking in
Persons is responsible for the enforcement of laws
prohibiting trafficking including child
trafficking. The Center for Assistance to Victims
and Potential Victims of Trafficking in Human
Beings was set up by a GOM decision in July 2008.
In April 2008, the GOM appointed members to the
National Committee on Prevention and Combating of
Trafficking in Human Beings, approved the
regulations for its functioning and approved the
Action Plan for Prevention and Combating of
Trafficking in Human Beings for 2008-2009.

37. The trafficking of children for the purpose of
commercial sexual exploitation and begging
remained a serious problem in 2009. According to
MIA data, 21 cases of trafficking of minors were
opened during the year, including 14 cases of
trafficking for sexual exploitation, three cases
for labor exploitation, one for sale of a child
and one for begging purposes. All 21 cases were
forwarded to the courts for prosecution. The
Ministry of Justice reported that five persons
were sentenced to imprisonment for child
trafficking during the year.

38. In 2009, there were reports of cases of child
prostitution in Moldova. Commercial sex with
minors is punished as statutory rape. The minimum
age for consensual sex is sixteen. The law
prohibits production, distribution, broadcasting,
import, export, sale, exchange, use or possession
of child pornography and violators face one to
three years of imprisonment. According to MIA
data, police recorded four cases of pimping with
minors in 2009. All the cases were forwarded for
prosecution.

39. The estimates of working-age Moldovans living
and working abroad ranges from 500,000 to
1,000,000. As a result of this phenomenon, tens
of thousands of children lived in households where
one or both parents had left the country in search
of work. Such children often live in poverty and
are particularly vulnerable to trafficking, labor
and sexual exploitation.

40. Moldova did not experience armed conflict over
the reporting period. The last armed conflict in
Moldova occurred in 1992.

2E) GOVERNMENT POLICIES ON CHILD LABOR
--------------


41. In February 2009, Parliament approved the
National Youth Strategy and Action Plan for 2009-
2013, which took effect in April 2009. In
December 2008, Parliament adopted the Strategy on
the Referral System for Protection and Assistance
of Victims and Potential Victims of Trafficking
2009-2011 which has been in effect since February

2009. In December 2008, the GOM approved the
National Plan on the Creation of an Integrated


Social Services System 2008-2012, which provides
for diversification of social services for victims
of trafficking, violence and worst forms of child
labor, and mapping the cost of the interventions
piloted by NGOs and state institutions and their
countrywide strengthening by the GOM. In December
2008, the GOM approved the National Action Plan
for Preventing and Combating Violence against
Children for 2009-2011. In December 2008, members
of the Global Compact Network in Moldova signed
the Code of Conduct for Elimination of the Worst
Forms in Child. The National Action Plan for
Preventing and Combating Trafficking in Human
Beings for 2008-2009 was approved by the GOM in
March 2008. The National Strategy on Reform of
the Child Care Residential System for 2007-2012
was approved by the GOM in July 2007.

2F) SOCIAL PROGRAMS TO ELIMINATE OR PREVENT CHILD
LABOR
-------------- --------------
--------------


42. One of the main tasks of the Ministry for
Labor, Social Protection and Family is to
consolidate the GOM'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 these responsibilities. Important
measures aimed at the prevention and elimination
of child labor was undertaken within the Action
Plan "Replication to National Scale of ILO-IPEC
Models to Monitor the Child Labour (SMMC) and
Youth Employment through Capacity Building,
Integration of Models in the Relevant Programs and
Mobilization of Resources,Q implemented by the
NCCAP in cooperation with ILO-IPEC. For the
period February 2008 to June 2009, children and
youth benefited from the following activities and
services offered by NCCAP: 276 children received
individual tutoring in subjects studied in school
and worked on developing work skills and 152
children benefited from referrals to the
educational system to support schooling and
prevent school drop-outs. The individual
necessities of every child, including school
supplies, textbooks, clothes, footwear, were
provided by multidisciplinary teams. 300 children
benefited from sessions of interactive activities
in support groups that facilitated their social
reintegration. 449 youth benefited from
individual education and job counselling support.
Later, 154 of them benefited from vocational
training provided by the National Employment
Agency.


43. According to Ministry of Labor, Social
Protection and Family data, as of August 2009, 877
minors directly benefited from NCCAP and IPC
programs, including 563 prevented from engaging in
hazardous work in agriculture, 204 prevented from
engaging in hazardous work and illegal street
activities and 110 prevented from engaging in
trafficking. Further, 3044 children, teachers and
parents in five territories participated in
informative meetings on the consequences of child
labor exploitation.

44. In June 2009, a one-week workshop for a
ChildrenQs Working Group (CWG) for the monitoring
of the ChildrenQs Rights Convention in Moldova,
was organized by the Children's Rights Information
Center in Chisinau to facilitate the sharing of
childrenQs observations on child labor
exploitation. The CWG for the monitoring of the
ChildrenQs Rights Convention was created in 2008.
The CWG prepared the ChildrenQs Report "Life
through ChildrenQs Eyes" presented last year to
the UN Committee on the Rights of the Child.
http://www.childrights.md/ro/index.shtml



45. In July 2007, the GOM, National Confederation
of Employers, Trade Unions Confederation and Free
Trade Union Confederation "Solidaritate" signed
the Collective Convention "On the Elimination of
the Worst Forms of Child Labour." The Convention
provides a range of actions aimed at progressively
improving the situation in the child labor domain
and ultimately eliminating the worst forms of
child labor.

2G) CONTINUAL PROGRESS
--------------


46. The GOM works in partnership with
international organizations and NGOs in order to
increase the awareness of child labor issues and
to support low-income families in Moldova. The
GOM engages in social dialog with employers'
organizations and tries to develop new approaches
to prevent and eliminate exploitive child labor in
Moldova. There is currently ongoing debate on the
inclusion of a new provision for nominations of
the best company of the year in Moldova. The new
provision would require that the best company be
certified free of child labor.


47. The GOM continued to take positive legislative
and regulatory steps in 2009 to address problems
in combating exploitive child labor. However, the
lack of government funding, poverty, the customary
employment of children, especially during the
harvest, cultural norms which regard child labor
as a normal part of growing up, lack of accurate
data and administrative incapacity often make
implementation of existing laws and regulations
difficult.

CHAUDHRY