US embassy cable - 03ZAGREB1758

UNCLAS  ZAGREB 001758 
 
SIPDIS 
 
 
STATE FOR DRL/IL (HARDPOLE) 
LABOR FOR ILAB (FAULKNER) 
 
E.O. 12958: N/A 
TAGS: ELAB, ETRD, PHUM, HR, HR 
SUBJECT: CROATIA: INPUT FOR CHILD LABOR REPORT 
 
REF: STATE 193266 
 
1.  Croatia has a good record on preventing the worst forms 
of child labor.  The Government has strengthened its 
legislative base and has made progress on implementation and 
enforcement.  In preparing our response to reftel, post met 
with officials at the Ministry of Labor and Social Welfare 
and also sought input from representatives of human rights 
NGOs and labor organizations.  We advised our interlocutors 
that they may submit their views to the USDOL directly (per 
reftel). 
 
2.  Below follows post's response to questions posed in 
reftel about Croatia's efforts to prevent the worst forms of 
child labor.  Responses are keyed to questions and indicators 
posed in reftel instructions. 
 
A - Does Croatia has adequate laws and regulations 
proscribing the worst forms of child labor? 
 
Indicators: 
 
-Has Croatia ratified ILO Convention 182 or taken concrete 
steps toward ratification? 
 
Yes.  The Croatian parliament adopted ILO Convention 182 on 
the worst forms of child labor on July 17, 2001; the 
convention went into force in Croatia on July 17, 2002. 
 
-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? 
 
Several laws and regulations have been promulgated on child 
labor, including the labor law, government regulations on 
minor employment (2002), Croatia's occupational safety act, 
the revised criminal code, family act, law on ombudsman for 
children (2003), defense act (2003), elementary education 
act, law on juvenile courts, Croatia's constitution and the 
national action plan for children.  The minimum age for 
employment is 15.  Children between the ages 15 and 18 may 
only work with written permission from a legal guardian. 
Education is free and compulsory through grade eight and 
generally completed by the age 14.  According to the 
occupational safety and health act, children under age 18 are 
prohibited from working overtime, at night or under dangerous 
labor conditions. 
 
-Do Croatia's laws and regulations define the worst forms of 
child labor or hazardous work as the ILO defines those terms? 
 If Croatia 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? 
 
There are no regulations in Croatia's legislation that 
expressly define what is considered "a worst form of child 
labor" but a series of laws and sub-acts regulate this issue. 
 Pursuant to Croatia's labor law, the ministry of labor and 
social welfare passed regulations in 2002 restricting types 
of employment that cannot be performed by a minor, stipulates 
types of employment which can be performed by a minor only if 
his/her health condition meets specific requirements. 
 
-Have there been any recent governmental or judicial 
initiatives to strengthen or enforce child labor legislation 
and regulations? 
 
The government strengthened child labor legislation and 
regulations by adopting the following new regulations 
government the employment of minors and by passing a new law 
creating a national ombudsman for children (in effect since 
June 18, 2003).  In order to ensure better implementation of 
the goals set under the national action program on children 
the cabinet has founded the national council for children -- 
a group of state and local institutions that promote general 
children's rights issues. 
 
B) Does Croatia has adequate laws and regulations for the 
implementation and enforcement of proscriptions against the 
worst forms of child labor? 
 
Indicators: 
 
-What legal remedies are available to government agencies 
that enforce child labor laws and regulations (criminal 
penalties, civil fines, court orders)? -are these enforcement 
remedies adequate to punish and deter violations? 
 
Article 228 of the labor law stipulates penalties and fines 
 
against companies and individuals found in violation of the 
laws regulating the employment of minors under the age 15 
that range from HRK 10,000 to 30,000 for companies, and from 
HRK 3,000 to 10,000 for individuals.  Croatia's criminal code 
stipulates sanctions for a range of crimes violating human 
freedom, such as slavery, international prostitution, a 
procurement of minors for sexual purposes and so on with 
penalties ranging from three months to 10 years in prison. 
The occupational safety act stipulates that firms employing 
minors against the provisions of this law shall be fined HRK 
10,000 to 40,000. 
 
-Have these enforcement provisions been applied? 
 
Yes.  According to the ministry of interior, during the 
period January 1, 2000 - December 31, 2002, 76 cases of 
criminal acts against children that relate to the worst forms 
of child labor pursuant to the convention were detected and 
reported.  70 criminal acts had to do with child and minor 
abuse in pornography, four criminal acts related to slavery 
and the transport of slaves, two criminal acts of 
international prostitution. 
 
From January 2002 - April 2003, labor inspectors found that 
five minors (all male), ages 16-17, illegally performing work 
under special circumstances.  There were four persons in 
bakeries and one transporting timber from the forest.  Labor 
inspectors ordered the employer to dismiss the minors and 
filed a complaint against the employer in misdemeanor court. 
Misdemeanor courts fined the employers HRK 10,000 (about USD 
1600) in one and HRK 1,000 in the other case. 
 
From January 2002 until April 2003, labor inspectors found 
117 violations of the legal provisions (99 minors) in 
businesses of hospitality (catering), trade, industry and 
construction and the minors worked as waiters, salesmen, 
bakers and helper construction laborers.  Out of 99 persons, 
65 were female and 34 male.  Employers were issued orders to 
refrain from employing minors for night work and inspectors 
filed requests for initiation of the legal proceedings 
against all employers that acted against the provisions of 
the law. 
 
C) Has Croatia established formal institutional mechanisms to 
investigate and address complaints relating to the worst 
forms of child labor? 
 
Indicators: 
 
-Has the government designated an authority to implement and 
enforce child labor laws and regulations? 
 
Yes.  The State Inspectorate is the government agency 
empowered to conduct on site investigations and ensure 
implementation of employment regulations.  Labor inspectors 
have the authority to issue orders to employers to either 
assign minors to different, appropriate jobs or dismiss them 
from work according to the labor law.  Labor inspectors can 
file request with courts to initiate legal proceedings 
against employers they find to be in violation of law.  The 
Ministry of Labor and Social Welfare has been designated as 
the national focal point for prevention of child abuse. 
 
-What are the mechanisms for receiving, investigating and 
addressing child labor complaints? To what extent are 
complaints investigated and violations addressed? 
 
The Ombudsman for children is responsible for coordinating, 
promoting and protecting rights of children.  The Ombudsman 
monitors the implementation of all regulations related to 
children rights pursuant to the constitution, convention on 
children rights and other international documents related to 
rights of children.  The office has the authority to propose 
measures to bodies of state government, local and regional 
self-government, legal and physical persons how to undertake 
measures to prevent violations.  The Ombudsman can initiate 
regulatory changes to ensure protection of rights. 
 
-What level of resources does the government devote to 
investigating exploitative child labor cases throughout 
Croatia? 
 
According to the Ministry of Labor and Social Welfare, the 
GOC allocates funding from the state budget for projects 
aimed at protection of children from abuse and neglect, 
including projects which are carried out by NGOs and 
individuals (hot line, shelters, advisories) 
 
-How many child labor inspections and investigations have 
been conducted over the past year?  How many have resulted in 
fines, penalties or convictions? 
 
(see above) 
 
-Has the government provided awareness raising and/or 
training activities for government officials charged with 
enforcing child labor laws? 
 
The Ministry of Labor and Social Welfare conducts seminars 
and workshops to update employees and other inspectors on 
changes in legislation. 
 
D) Have social programs been implemented to prevent the 
engagement of children in the worst forms of child labor, and 
to assist in removing children engaged in the worst forms of 
child labor? 
 
Indicators: 
 
-What initiatives has the government supported to prevent 
children from entering exploitative work situations, to 
withdraw children engaged in such labor, and to advocate on 
behalf of children involved in such employment and their 
families? 
 
The national program for demographic development and the 
national employment policy deal both directly or indirectly 
with issues of child protection. 
 
-Does the government support programs to promote children's 
access to primary schooling and to enhance the quality and 
relevance of schooling? 
 
 
-Do Croatia's laws/regulations call for universal or 
compulsory education?  Are these requirements enforced? 
 
Primary education is mandatory.  Parents must enroll their 
children to a primary school otherwise the law on elementary 
school education stipulates fines from HRK 60-300. 
 
According to Croatia's center for research and development of 
education, the primary enrollment rate in 1998 was 95%. (up 
from 87.1% in 1996 and 82.3% in 1994, as reported by the 
USDOL). 
 
E) Does Croatia have a comprehensive policy aimed at the 
elimination of the worst forms of child labor? 
 
Indicators: 
 
-Does Croatia have a comprehensive policy or national program 
of action on child labor? 
 
Croatia has a national program of action for children, which 
also covers the issue of child labor.  This program is 
currently being audited with the objective of ensuring 
operational implementation of the envisaged goals.  In order 
to ensure better implementation of the goals set under the 
national action program on children, the Croatian government 
created the National Council for Children -- a group of state 
and local institutions that promote general children's rights 
issues. 
 
-Has the government made a public statement/commitment to 
eradicate the worst forms of child labor? 
 
No. 
 
End post response. 
FRANK 
 
 
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