R 231036Z JAN 09
FM AMEMBASSY CHISINAU
TO SECSTATE WASHDC 7556
DEPT OF LABOR WASHINGTON DC
INFO USMISSION GENEVA

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