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Viewing cable 09MOSCOW38, CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT ACT (GSP)

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Reference ID Created Released Classification Origin
09MOSCOW38 2009-01-12 13:55 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Moscow
VZCZCXYZ0016
PP RUEHWEB

DE RUEHMO #0038/01 0121355
ZNR UUUUU ZZH
P 121355Z JAN 09
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC PRIORITY 1459
RUEHC/DEPT OF LABOR WASHDC
INFO RUEHGV/USMISSION GENEVA 5256
UNCLAS MOSCOW 000038 
 
SIPDIS 
 
DOL/ILAB FOR TINA MCCARTER 
STATE DRL/ILCSR FOR TU DANG 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI USAID RS
SUBJECT: CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT ACT (GSP) 
REPORT 
 
REF: STATE 127448 
 
1.  (U) The following is geared to reftel questions paras 6 through 
11 
 
Incidence and Nature of Child Labor 
 
2.   (U) Child labor in Russia encompasses not only Russian 
children, but often children from neighboring countries.  Some 
children are brought to Russia for the purpose of exploitation, 
while others come with migrant worker parents.  In urban areas, 
children can be found working primarily in the informal sector in 
retail services, selling goods on the street, washing cars, 
repairing automobiles, making deliveries, collecting trash, and 
begging.  In rural areas, it is more common to see children working 
in agriculture.  Among street children, boys are usually involved in 
hard physical labor, while girls are more likely to work in trade 
and, occasionally, prostitution. 
 
3. (U) Homeless and orphaned children on the streets are often 
engaged in prostitution as a means to survive.  Child sex tourism 
and commercial sex exploitation remains a concern, especially in St. 
Petersburg, Moscow, and other large Russian cities.  Domestic 
trafficking of children from rural areas to urban centers and from 
one region to another also occurs. 
 
 
Child Labor Laws and Enforcement 
 
4.  (U) The law sets the minimum age of employment at 16 years, with 
some exceptions.  Children who have either completed their basic 
general education or have left the general educational system may 
work at age 15.  Children at least 14 years old may, with parental 
consent, perform light work that is not harmful to their health or 
education.  Children younger than 14 may, with parental consent, 
participate in the creation and/or performance of art works that are 
not harmful to their health and moral development.  Normal working 
hours for employees younger than 16 are 24 hours per week, and 36 
hours per week for employees between 16 and 18.  Workers younger 
than 16 may work longer than 5 hours per shift, and for workers 
between 16 and 18, a shift may not exceed 7 hours.  Children under 
18 are prohibited from engaging in night work, unhealthy or 
dangerous work, underground work, or work that may be injurious to 
their moral development.   Employers must medically screen any 
prospective employees younger than 18; once hired, these employees 
must also pass annual medical surveys provided at the expense of the 
employer. 
 
5.  (U) Forced child labor is punishable by imprisonment from three 
to five years.  Acts directed towards organizing prostitution that 
involve minors are punishable by imprisonment of up to six years 
with no minimum sentence.  If the minor is under 14 years, the term 
of imprisonment is three to ten years.  Involving a minor in 
prostitution, or compelling a minor to continue to engage in 
prostitution is punishable by three to eight years of imprisonment. 
Sexual intercourse committed with a person less than 16 years is 
punishable by up to four years of imprisonment.  In addition, the 
creation and circulation of pornography that knowingly depicts 
minors is punishable by a term of imprisonment of up to six years. 
The term of imprisonment is three to eight years if the minor is 
under 14.  Trafficking of a known minor is punishable by a sentence 
of three to ten years of imprisonment if committed by a single 
individual.  The sentence for members of an organized group engaging 
in any form of trafficking is eight to fifteen years.  The minimum 
age for military conscription is 18 years. 
 
Government Initiatives to Eliminate the Worst Forms of 
Child Labor and Improve Well-Being of Children 
 
6.  (U) In 2007 and 2008, as in previous years, the Government of 
Russia had only modest success in developing  measures to better 
protect children's rights and interests, including labor rights. 
 
7.  (U) In June 2008, Russia ratified the Optional Protocol of the 
UN Convention of Child's Rights on Prohibiting the Involvement and 
Recruitment of Children in Armed Conflicts. 
In July 2008, the Russian government established the Fund for 
Children's Support.  By the end of 2008, approximately USD 190 
million was allocated to the Fund in order to prevent child abuse, 
to provide social support to orphans and disabled children, and to 
promote the social rehabilitation of disadvantaged children. 
Nonetheless, the rate of poverty among children and families with 
children remains high, and there is no comprehensive government 
program to alleviate the plight of children who become victims of 
trafficking, sexual exploitation and labor abuse. 
 
8.  (U) Despite certain international obligations, Russia still has 
not developed a national plan or strategy to promote the interests 
 
 
REPORT 
 
and rights of children.  There exist no federal ombudsman for 
children's issues nor other federal bodies with powers to develop 
and implement policies to defend children's rights and interests. 
However, regional institutes/ombudsmen for children's issues do 
function in 21 Russian regions. 
 
9.  (U) Russia has not ratified the Optional Protocol of the UN 
Convention of Child's Rights on Child's Trafficking, Prostitution, 
and Pornography.  Nor has Russia ratified the European Convention on 
Child's Rights.  This is of special concern given that, according to 
the Prosecutor's General Office, the annual market for child 
pornography in Russia is estimated to be more than USD 5.2 billion. 
Officially, there were 299 crimes registered in 2007 concerning 
production and distribution of child's pornography, with 72 
individuals convicted for this crime.  The current Criminal Code 
does not fully reflect high societal danger of various forms of 
child's sexual exploitation: sex tourism, erotic massage, telephone 
sex, striptease show and the like. 
 
10.  (U) According to the Investigation Committee of the Prosecutor 
General's Office, in the first nine months of 2008 as many as 1,622 
children suffered from criminal offences, including 784 victims of 
sexual offences.  The Russian government has taken some measures to 
prevent violence against children.  In December 2008, President 
Medvedev introduced amendments to the Law on Principal Guarantees of 
Child's Rights.  In particular, the amendments limit the presence of 
minors and teenagers in public places during the night time.  The 
rule was already practiced in 15 Russian regions and has had some 
effect on diminishing the number of criminal offences against 
minors. 
 
11.  (U) The Federal Labor and Employment Service is responsible for 
monitoring child labor violations.  Between 2006 and the first half 
of 2007, 8,529 cases of child labor violations were registered by 
the Service in 3,584 inspections.  Approximately USD 15,400 in 
administrative fines were issued to employers.  Still, the Russian 
Labor Code lacks provisions aimed specifically at eliminating child 
labor violations. 
 
BEYRLE