Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report as well as the observations of the Confederation of Autonomous Trade Unions of Serbia in a communication dated 28 August 2009. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 185 of the Criminal Code punishes anyone who uses a child, defined as a person under the age of 14 years (section 112), for the production of pornography, or sells, shows, publicly exhibits or in some other way makes available such pornographic materials. It requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Committee notes with interest that section 111a of the Criminal Code prohibits making a photograph, film or any other recording, of a minor (defined as a person under 18 years of age) for the purposes of producing items of pornographic content. The Committee notes that this provision also prohibits the selling, distribution or showing of such material, and prohibits inducing a minor to take part in a pornographic show. 

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 246 of the Criminal Code, which prohibits the unauthorized production, keeping and releasing for circulation of narcotics, does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It requested the Government to identify and provide the text of any legislation prohibiting the use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on this point.

However, the Committee notes the information in the Government’s report of 29 July 2009 to the Committee on the Rights of the Child on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) that a 2006 study indicated that a significant number of Roma children begin to work at a young age, including in crime-related economic activity (CRC/C/OPSC/SRB/1, paragraph 199). The Committee also notes that the 2008 report on the worst forms of child labour in Serbia, available on the High Commissioner for Refugees web site (www.unhcr.org), identifies selling narcotics as a form of exploitative child labour performed by vulnerable children in Serbia, such as children from impoverished rural communities, Roma children and children in foster care. In light of this information, the Committee requests the Government to take the necessary measures to ensure the prohibition in national legislation of the use, procuring or offering of children under 18 years of age for illicit activities, in particular, for the production and trafficking of drugs.

Article 4, paragraph 2. Identification of hazardous work. The Committee previously noted the Government’s statement that the information on the identification of hazardous work needs to be requested and collected from the Administration of Occupational Safety and Health, and requested to provide this information. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the specific types of hazardous work identified by the Administration of Occupational Safety and Health.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee previously requested the Government to provide information on the functioning of the labour inspectorate, and to provide extracts of inspection reports. The Committee notes the information provided with the Government’s report submitted under Convention No. 138 on the structure of the labour inspectorate. It also notes the Government’s statement in this report that the labour inspectorate did not detect any violations with regard to the employment of children. The Committee further notes the information in the Government’s written reply to the list of issues raised by the Committee on the Rights of the Chid (CRC) of 20 June 2008, that in all inspections relating to the employment of children between 15 and 18 years of age, the employers were found to be in compliance with their obligations prescribed by law (CRC/C/SRB/Q/1/Add.1, paragraph 97).

2. Police. The Committee previously noted the Government’s information that a service for fighting organized crime (with an Anti-Trafficking Department) was created within the Administration of Crime Police, to investigate cases of human trafficking. The Committee also noted that special police teams for fighting human trafficking were in operation within regional police administrations. The Committee further noted that the Administration of Border Police was the national coordinator for fighting human trafficking and that through its Department for Prevention of Illegal Migrations and Human Trafficking, it checked and controlled cross-border trafficking and illegal migrations. The Committee requested the Government to indicate the number of investigations carried out by the police and the findings with regard to trafficking in children under 18 years of age. The Committee notes an absence of information in the Government’s report on the number of investigations carried out, though notes the Government’s indication that out of the total of 24 human trafficking charges filed, 13 involved victims who were under the age of 18. The Committee requests the Government to provide information on the number of investigations conducted into suspected cases of child victims of trafficking by the Anti-Trafficking Department and the Administration of Border Police. The Committee also requests the Government to continue to provide information on the number of violations detected, pursuant to these investigations, with regard to the trafficking of persons under the age of 18.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking in children. The Committee previously noted the Government’s indication that Serbia was a country of transit, destination and origin of trafficking of women as well as local trafficking of women. It also noted that the Government had adopted a National Plan for the Fight Against Human Trafficking. The Committee requested the Government to provide information on the measures adopted in the context of the National Plan for the Fight Against Human Trafficking to combat the trafficking of children, and to provide information on the results achieved.

The Committee notes the information in the Government’s report that it is currently, through the National Team for Combating Trafficking, engaged in activities related to the prevention of human trafficking, the punishment of perpetrators of this crime and the protection of trafficking victims. The Committee also notes that several awareness-raising activities on this phenomenon (for the general population, in addition to risk-prone groups, such as high school students and children in social institutions) have been undertaken, such as lectures, workshops, radio and television shows, the publication of printed material and the provision of training to school educators. The Committee further notes the information in the submission of the Confederation of Autonomous Trade Unions of Serbia that the Government has taken several measures, with a view to the prevention of human trafficking, such as educational initiatives and the establishment of a resource centre. The Committee requests the Government to continue to provide information on the concrete measures adopted in the context of the National Plan for the Fight Against Human Trafficking to combat the trafficking of children under 18 years. It also requests the Government to provide information on the results achieved in terms of prohibition and elimination of this worst form of child labour.

2. Commercial sexual exploitation of children. The Committee previously noted that, under the National Action Plan for Children 2005, the Government adopted a strategic document entitled “General Protocol on Child Protection from Abuse and Neglect” (General Protocol), which defines the general policy of the Government towards children and youth for the period until 2015. It also noted that, in accordance with the principles set out by the General Protocol, the Ministry of Interior and the Ministry of Labour adopted special protocols on child protection namely: the Special Protocol on Behaviour of Law Enforcement Officers in Protecting Juvenile Persons from Abuse and Neglect and the Special Protocol on Protection of Children Accommodated in Social Care Institutions. It further noted that the term “abuse of juvenile persons” in these protocols included the commercial sexual exploitation of children. In addition, the Committee noted that the General Protocol aims to contribute to the establishment of an efficient and coordinated procedure for protection of “child victims of abuse” and provide adequate intervention and rehabilitation for such children, and requested the Government to provide information on the impact of these measures. Noting an absence of information in the Government’s report on this issue, the Committee once again requests the Government to provide information on the impact of the implementation of the General and Special Protocols on the protection of children with regard to the elimination of the commercial sexual exploitation of children.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that, pursuant to section 111a of the Criminal Code producing, distributing, selling, showing, or inducing a minor to participate in the production of pornographic photographs, films or other recordings is punishable with imprisonment from one to five years, and that when the victim of these acts is under the age of 14, the penalty is a minimum of three years imprisonment.

Article 7, paragraph 2. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that the Ministry of Education initiated a project entitled “Assistance to Roma children in education” aiming at providing training and assistance to pupils of Roma origin, in learning and improving Serbian, to promote the attendance of Roma children in school and to help them integrate into the school environment. It requested the Government to provide information on the number of Roma children who had been reached and enrolled in schools through the “Assistance to Roma children in education” project.

The Committee notes the Government’s information in its reply to the list of issues of the CRC of 20 June 2008, that through the project entitled “Development of School Administration Capacities to Implement Local Action Plans for the Improvement of Education of the Roma”, implemented by the Ministry of Education  and the Organization for Security and Co-operation in Europe, sixteen education advisers from school administrations were trained to monitor the projects for the improvement of education of the Roma (CRC/C/SRB/Q/1/Add.1, paragraph 172). The Committee also notes the Government’s indication in this report that a project entitled “Protection of the Roma Children against Discrimination”, with the support of the Ministry of Education and the Roma Educational Fund, has been implemented with the aim of promoting desegregation and prevent discrimination against Roma children within the educational system of Serbia. Activities that have been implemented within this project include the strengthening of the capacities of the Roma organizations and educational inspectors to provide support to the Roma children and monitor discrimination, and to support programmes of desegregation in primary schools (CRC/C/SRB/Q/1/Add.1, paragraph 175). This report also indicates that initiatives have been undertaken in Vojvodina and Niš to increase the attendance and enrolment rates of Roma children, in addition to increasing the number who finish four years of secondary education, as well as to raise their level
of school achievements and their motivation to continue education (CRC/C/SRB/Q/1/Add.1, paragraphs 179–180).

However, the Committee notes the information in the 2007 UNICEF report entitled “Report on Social Exclusion with Special Focus on Roma Children in South East Europe” that only 13 per cent of Roma children complete primary education. Therefore, the Committee encourages the Government to redouble its efforts, within the framework of the “Assistance to Roma children in education” project, to promote access of Roma children to education and their retention within the educational system. It requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing school dropout rates of Roma children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of Trafficking. The Committee previously noted the information in the Government’s report that, in December 2006, the advisory body of the anti-trafficking team adopted a Strategy for Fighting Human Trafficking. This strategy consists of a series of measures and activities to tackle the problem of human trafficking with special emphasis on the protection of child victims of trafficking. The Committee requested the Government to continue providing information on the number of children withdrawn from trafficking and given protection by the Agency for the Coordination of Protection of Human Trafficking Victims

The Committee notes the information in the Government’s report that the provision of protection and assistance to victims of trafficking continues, through the Ministry of Labour, Employment and Social Policy, and the Ministry of Health, in cooperation with various NGOs. The Committee notes the Government’s indication that an NGO, Atina, runs a reintegration centre for the purpose of rehabilitating trafficking victims. The Committee also notes the Government’s information in Government’s report of 29 July 2009 to the CRC on the CRC OP-SC, that according to the records of the Agency for the Coordination of Protection of Human Trafficking Victims, 14 minors were provided with services between 1 March 2004 and 24 March 2005 (CRC/C/OPSC/SRB/1, paragraph 174). The Committee requests the Government to continue to provide information on the number of children withdrawn from trafficking and given protection by the Agency for the Coordination of Protection of Human Trafficking Victims, in addition to the number of child victims of human trafficking which benefit from other rehabilitation and social integration services available in Serbia.

Clause (d). Identifying and reaching out to children at special risk. Roma children. In its previous comments, the Committee noted the comments by the Confederation of Autonomous Trade Unions of Serbia that there were a significant number of under-age children, especially Roma children, who were left to work in the streets and who were vulnerable to criminal acts. It also noted the Government’s information that Roma children at a very low age were involved in begging and crime-related work on the streets. The Committee further noted the Government’s statement that changes should be brought about in the implementation of the Strategy of Development of Social Care System in order to promote the rights of Roma children. The Committee requested the Government to provide information on measures taken to protect Roma children from the worst forms of child labour.

The Committee notes the Government’s indication that Roma children are still highly at risk of becoming victims of human trafficking, and that Roma children are disproportionately victims of human trafficking. Of the total 22 children who were registered as victims of trafficking, eight were members of the Roma population. The Committee further notes that the CRC, in its concluding observations of 20 June 2008, expressed concern about the continued vulnerability of Roma children to trafficking and economic and sexual exploitation. The Committee therefore requests the Government to redouble its efforts to ensure the protection of Roma children against the worst forms of child labour, particularly trafficking for the purpose of sexual and economic exploitation, the use of children in illicit activities and the use of children in begging. It requests the Government to provide information on effective and time-bound measures taken in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there was a total of 22 trafficking victims under the age of 18 (in 13 separate cases) registered during the reporting period. Thirteen of these victims were trafficked for the purpose of sexual exploitation (12 female and one male), eight children were trafficked for the purpose of begging (four male and four female), and one female child was trafficked for the purpose of forced marriage. The Committee also notes the Government’s indication that there is currently one investigation ongoing related to the exploitation of a 17-year-old female for the purpose of pornography. The Committee further notes the information in the Government’s reply of 20 June 2008 to the list of issues raised by the CRC, that, in 2006, nine victims under 18 (six females and four males) were found in cases related to pimping and procuring for the purpose of sexual intercourse, and ten victims under the age of 18 (all female) were found in cases related to mediation in prostitution (CRC/C/SRB/Q/1/Add.1, paragraph 90). In 2007, two victims under the age of 18 (all female) were found in cases related to pimping and procuring for the purpose of sexual intercourse, and ten victims under the age of 18 (all female) were found in cases related to mediation in prostitution. (CRC/C/SRB/Q/1/Add.1, paragraph 91). The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report as well as the observations of the Confederation of Autonomous Trade Unions of Serbia in a communication dated 11 October 2007. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that section 185 of the Criminal Code punishes anyone who uses a child, defined as a person under the age of 14 years (section 112), for the production of pornography, or sells, shows, publicly exhibits or in some other way makes available such pornographic materials. It had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Committee notes that the Government’s report does not contain any information on this point. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 246 of the Criminal Code, which prohibits the unauthorized production, keeping and releasing for circulation of narcotics, does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It had requested the Government to identify and provide the text of any legislation prohibiting the use, procuring or offering of a child for illicit activities. The Committee notes that the Government’s report does not contain any information on this point. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular, for the production and trafficking of drugs.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where the types of hazardous work exist. The Committee notes the Government’s statement that the information on identification of hazardous work needs to be requested and collected from the Administration of Occupational Safety and Health. The Committee requests the Government to provide information on the specific types of hazardous work identified by the Administration of Occupational Safety and Health.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously noted that, according to section 268 of the Labour Law, supervision over implementation of the labour laws and regulations, general documents and the labour contracts regulating rights, duties and responsibilities of employees is conducted by the labour inspectorate. The Committee once again requests the Government to provide information on the functioning of the labour inspectorate, and to provide extracts of the inspection reports.

2. Police. The Committee notes the Government’s information that, within the Administration of Crime Police, a Service for Fighting Organized Crime (SBPOK) which has an Anti-Trafficking Department, has been created to investigate cases of human trafficking. The SBPOK works in cooperation with the Department of International Police Cooperation and the National Bureau of INTERPOL and exchanges information about cases of trafficking of children. Special police teams for fighting human trafficking are also functional in the regional police administrations. The Administration of Border Police through its Department for Prevention of Illegal Migrations and Human Trafficking checks and controls cross-border trafficking and illegal migrations. It also notes that, since December 2001, the head of the Administration of Border Police is the national coordinator for fighting human trafficking whose responsibilities include coordination of all activities against human trafficking. The Committee requests the Government to indicate the number of investigations carried out by the police and the findings with regard to trafficking in children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking in children. The Committee notes the Government’s indication that, at present, Serbia is a country of transit, destination and origin of trafficking of women as well as local trafficking of women. However, it notes that the Government had adopted a National Plan for Fight Against Human Trafficking. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan for Fight Against Human Trafficking to combat the trafficking of children under 18 years. It also requests the Government to provide information on the results achieved in terms of prohibition and elimination of this worst form of child labour.

2. Commercial sexual exploitation of children. The Committee notes the Government’s information that, under the National Action Plan for Children, 2005, the Government adopted a strategic document entitled General Protocol on Child Protection from Abuse and Neglect, which defines the general policy of the State towards children and youth for the period until 2015. It also notes that, in accordance with the principles set out by the General Protocol, the Ministry of Interior and the Ministry of Labour have also adopted special protocols on child protection namely: the Special Protocol on Behaviour of Law Enforcement Officers in Protecting Juvenile Persons from Abuse and Neglect and the Special Protocol on Protection of Children Accommodated in Social Care Institutions, while special protocols defining work of local health-care and educational institutions are being drafted by the Ministry of Health and Education. The Committee notes the Government’s information that “abuse of juvenile persons” as used in the abovementioned protocols include all forms of physical/emotional abuse, sexual abuse, as well as the commercial sexual exploitation of children. The General Protocol aims to contribute to the establishment of an efficient and coordinated procedure for protection of “child victims of abuse” and provide adequate intervention and rehabilitation for such children. In order to create a unified approach in dealing with “child abuse” and neglect, a Handbook for the Implementation of the General Protocol, intended for professionals of all relevant services and state bodies, was adopted and published in 2007. Training of social workers, judicial, law enforcement, education and health professionals was realized in the period from January to February 2007, through five regional two-day seminars which gathered 150 professionals from all relevant bodies. Moreover, capacity-building activities to train social workers and the police in preventing, recognizing and protecting child victims of human trafficking were organized in May 2007. The Committee requests the Government to provide information on the impact of the implementation of the General and Special Protocols on protection of children with regard to the elimination of the worst forms of child labour, in particular the commercial sexual exploitation of children.

Article 7, paragraph 2. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Education. Following its previous comments, the Committee notes the Government’s information that, according to the provisions of the Law on the system of education (Official Gazette of RS, Nos 62/2003 and 64/2003), everyone is equally entitled to their right to education, irrespective of their gender, race, nationality, religion, language or social and cultural origin. It also notes the Government’s information that education for members of national minorities is done in their mother tongue. The Committee further notes the Government’s indication that the Ministry of Education initiated a project entitled “Assistance to Roma children in education” aiming at providing training and assistance to pupils of Roma origin, in learning and improving Serbian, to promote the attendance of Roma children in school and to help them integrate into the school environment. The Committee requests the Government to provide information on the number of Roma children reached so far and enrolled in schools through the “Assistance to Roma children in education” project.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that, in December 2006, the advisory body of the Anti-Trafficking Team adopted a Strategy for Fighting Human Trafficking. This strategy consists of a series of measures and activities to tackle the problem of human trafficking with special emphasis on the protection of child victims of trafficking. According to the Act of the Ministry of Labour and Social Policy No. 570-03-227/2007, all centres for social work in Serbia are required to organize their working hours in order to provide 24-hour access to child victims of trafficking. Accommodation for child victims of trafficking is provided by the Service for Coordination of Protection of Victims of Human Trafficking. The Committee notes the Government’s information that, during 2006 and until the first half of 2007, 288 women, out of which six were under age, were withdrawn from trafficking and accommodated in the above shelters for victims of trafficking. The Committee further notes that the Law on protection programme for participants in criminal proceedings, which came into effect on 1 January 2006, regulates the requirements and proceedings for giving protection and assistance to victims of human trafficking, including children. The Committee requests the Government to continue providing information on the number of children withdrawn from trafficking and given protection by the Service for Coordination of Protection of Victims of Human Trafficking.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes the comments by the Confederation of Autonomous Trade Unions of Serbia that there are a significant number of under-age children, especially of Roma ethnicity, who are left to work in the streets and who are vulnerable to criminal acts. It also notes the Government’s information that research on work performed by children conducted in 2005, by the Ministry of Work, Employment and Social Policy and an NGO for children’s rights revealed that, Roma children at a very low age are involved in begging and crime-related work in the streets. The Committee notes the Government’s statement that all the problems and issues of the Roma community revealed by this research points out that changes should be brought about in the implementation of the Strategy of Development of Social Care System in order to promote the rights of Roma children. The Committee requests the Government to provide information on the measures taken or envisaged to address the situation of Roma children, and the measures taken to protect them from the worst forms of child labour.

Part V of the report form. The Committee notes the Government’s information that, in 2005, a person was charged, convicted and imprisoned for using a minor for pornography through the Internet. It was the first time that a person was convicted for doing so on the Internet. It also notes that, in 2006, more cases relating to displaying of pornographic material and abusing children through pornography were discovered. According to the data of the Ministry of Interior, during the year 2006 and the first six months of 2007, 65 cases were registered under section 388 of the Criminal Code (procurement and sale of persons for labour exploitation, prostitution, begging and pornographic purposes), of which 30 cases were committed against children. During the same period, 62 cases under section 184 of the Criminal Code (intermediaries in prostitution) were registered, out of which ten cases involved juveniles. Similarly, five cases of child pornography under section 185 of the Criminal Code, and 317 cases of illegal production, keeping and trade of opiates under section 246 of the Criminal Code were registered during the year 2006 and the first six months of 2007. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that a new Criminal Code of the Republic of Montenegro was adopted in 2004. It also notes with interest that a new Criminal Code of the Republic of Serbia was adopted in 2005, which will come into force on 1 January 2006. The Committee notes that these codes contain more detailed provisions prohibiting the involvement of children in the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. I. Republic of Serbia. The Committee notes the Government’s information that the Criminal Code of the Republic of Serbia, as amended in 2003, prohibits trafficking in human beings, including minors. It also notes that section 388 of the new Criminal Code of 2005 prohibits a range of offences associated with the procurement and sale of persons for exploitation for work, forced labour, the commission of crimes, prostitution or begging, pornographic use, removing a body part for transplantation, or for use in armed conflicts. The Code provides for a higher penalty if this offence is committed against a minor (defined as a person between 14 and 18 years of age). The Committee takes due note of this information.

II. Republic of Montenegro. The Committee notes that section 444 of the Criminal Code of the Republic of Montenegro prohibits trafficking in human beings. Subsection (3) provides for a higher penalty if this offence is committed against a minor (a person under the age of 18). The Committee takes due note of this information.

2. Slavery, bondage, serfdom and forced or compulsory labour. I. Republic of Serbia. The Committee notes that article 35 of the Constitution of the Republic of Serbia prohibits forced labour. It also notes that section 132 of the new Criminal Code prohibits unlawful deprivation of liberty. Section 135 punishes anyone who, by use of force or threats, forces someone to do or not to do something. The Committee further notes that section 390 of the Criminal Code prohibits submission to slavery and transportation of enslaved persons. The Committee takes due note of this information.

II. Republic of Montenegro. The Committee notes that article 52 of the Constitution of the Republic of Montenegro prohibits forced labour. It also notes that section 162 of the Criminal Code prohibits unlawful deprivation of freedom and section 165 prohibits coercion. The Committee further notes that section 446 of the Criminal Code prohibits submission to slavery and transportation of enslaved persons. It takes due note of this information.

3. Forced or compulsory recruitment of children for use in armed conflict. Serbia and Montenegro. The Committee notes that, at the time of ratification of the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, the Government declared that, according to the provisions of the Law on the Yugoslav Army, a person of military age who has turned 18 may be recruited into the Army of the Federal Republic of Yugoslavia in that calendar year. The minimum age for voluntary recruitment in the Federal Republic of Yugoslavia has been set at 18. The Committee requests the Government to provide the text of the relevant provisions of the Law on the Yugoslav Army, as well as any other legislation prohibiting the recruitment of children below 18 years for use in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. I. Republic of Serbia. The Committee notes the Government’s information that section 111 of the Criminal Code prohibits pimping and facilitating sexual intercourse. The Committee also notes that section 183 of the new Criminal Code punishes anyone who procures a minor for the purpose of sexual intercourse. Section 184 prohibits mediation in prostitution and subsection (2) provides for a higher penalty if this offence is committed against a minor. The Committee takes due note of this information.

II. Republic of Montenegro. The Committee notes that section 209 of the Criminal Code prohibits procuring a minor for debauchery and subsection (2) of section 210 prohibits mediation in prostitution of minors. It takes due note of this information.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. I. Republic of Serbia. The Committee notes that section 185 of the new Criminal Code of the Republic of Serbia punishes anyone who uses a child for the production of pornography or sells, shows, publicly exhibits or in some other way makes available such pornographic materials. It notes however that section 112 of the Criminal Code defines the term "child" as a person under the age of 14. The Committee recalls that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances.

II. Republic of Montenegro. The Committee notes that section 211 of the Criminal Code of the Republic of Montenegro prohibits the use of a child for the production of pornography and the sale and distribution of pornographic materials. However it notes that, pursuant to section 142 of the Criminal Code, a child shall be considered a person who has not reached the age of 14 years. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. It asks the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. I. Republic of Serbia. The Committee notes that section 246 of the new Criminal Code of the Republic of Serbia prohibits the unauthorized production, keeping and releasing for circulation of narcotics. However, this provision does not seem to specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee requests the Government to identify and provide the text of any legislation prohibiting the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as required by Article 3(c) of the Convention.

II. Republic of Montenegro. The Committee notes that section 300 of the Criminal Code of the Republic of Montenegro prohibits a range of activities associated with the production, distribution and sale of narcotic substances. However, the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited by the Criminal Code. The Committee recalls that, by virtue of Article 3(c) of the Convention, these activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to indicate whether the national legislation prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. I. Republic of Serbia. The Committee notes that, pursuant to section 25 of the Labour Law of the Republic of Serbia of 2005, employment with children below the age of 18 may only be entered into upon the written approval of the parents or guardians, provided that the work does not jeopardize their health, morals and education and is not prohibited by the law. It also notes that, according to section 84 of the Labour Law, employees under 18 years of age shall not work at jobs involving strenuous physical work, work underground, underwater and at excessive heights; involving noxious radiation or substances that are toxic, carcinogenic or causing inherited diseases, as well as risks for health related to cold, heat, noise or vibrations; those that may, pursuant to the advice of the competent health authority, increase health and life risks and be harmful in the light of the psychophysical capacities of adolescents. Sections 87 and 88 prohibit persons under the age of 18 from performing overtime and night work. The Committee notes that pursuant to subsection (3) of section 84 of the Labour Law, the competent health authority may define the types of work that increase health and life risks and may be harmful in the light of the psychophysical capacities of adolescents. It asks the Government to indicate whether the competent health authority has defined such types of work.

II. Republic of Montenegro. The Committee notes that pursuant to section 75 of the Labour Law of the Republic of Montenegro of 2003, children under 18 years of age may not do work that mainly involves difficult physical work, underground or underwater work, or work that may have a harmful effect on or involve increased risk for their health and lives. However, it notes the absence of information on the existence of a list identifying the hazardous types of work in the Republic of Montenegro. In this regard, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular, the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. The Committee encourages the Government in determining the types of hazardous work to take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of hazardous work. Serbia and Montenegro. The Committee notes the absence of information from the Government on this matter. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 5. Monitoring mechanisms. I. Republic of Serbia. The Committee notes that, according to section 268 of the Labour Law of the Republic of Serbia, supervision over implementation of the labour laws and regulations, general documents and the labour contracts regulating rights, duties and responsibilities of employees is conducted by the labour inspectorate. It requests the Government to provide information on the functioning of the labour inspectorate and any other mechanisms established to monitor the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports.

II.  Republic of Montenegro. The Committee notes that, under section 147 of the Labour Law of the Republic of Montenegro, the labour inspection department in the ministry in charge of labour activities supervises the implementation of the labour law and regulations dealing with the rights, obligations and responsibilities of employees. The Committee asks the Government to provide information on the functioning and activities of the labour inspectorate, including extracts of the inspection reports. It also requests the Government to provide information on any other mechanisms established to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. I. Republic of Serbia. The Committee notes that in February 2004 the Government of the Republic of Serbia adopted the National Plan of Action for Children. This plan of action defines a programme of key measures which must be undertaken in the interest of children and which cover all the relevant areas of the rights of children and the Government’s policy for children such as, alleviation of poverty of children, development of the system for the protection of children from molestation, neglect, exploitation and violence. The Committee asks the Government to provide further information on the implementation of this plan of action and results attained.

II.  Republic of Montenegro. The Committee notes that the Government’s report contains no information on the existence of programmes of action to eliminate the worst forms of child labour in the Republic of Montenegro. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to design and adopt the necessary programmes of action, if it has not been done in the Republic of Montenegro.

Article 7, paragraph 1. Penalties. I. Republic of Serbia. The Committee notes that sections 132, 135, 183, 184, 185, 388 and 390 of the new Criminal Code of the Republic of Serbia establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of liberty; coercion; pimping and facilitating sexual intercourse with a minor; mediation in prostitution; displaying pornographic material and use of children to make pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. It also notes that section 163 of the Criminal Code of the Republic of Serbia provides for penalties for the violation of labour and social security rights, including special protection of youth. The Committee requests the Government to provide information on the application of these penalties in practice.

II. Republic of Montenegro. The Committee notes that sections 162, 165, 209, 210, 211, 444 and 446 of the Criminal Code of the Republic of Montenegro establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: unlawful deprivation of freedom; coercion; procuring a minor for debauchery; mediation in prostitution; displaying pornographic material and using children for the production of pornography; trafficking in human beings including minors; and submission to slavery and transportation of enslaved persons. The Committee also notes that section 224 of the Criminal Code establishes sufficiently effective penalties of fines or imprisonment for the violation of labour rights, including provisions for the special protection of youth. It asks the Government to provide information on the practical application of the abovementioned penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e) of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Education. I. Republic of Serbia. The Committee notes that section 43 of the Charter on Human and Minority Rights and Civil Liberties stipulates that everyone shall have the right to education, and free and compulsory elementary education. According to section 52, members of the national minorities shall have the right to receive education in their language in state institutions. The Committee also notes that article 32 of the Constitution of the Republic of Serbia provides for free and compulsory primary education for all. It further notes that according to the information available at the Office, the Serbian educational system provides for nine years of free, mandatory schooling. The Committee asks the Government to provide further information on measures taken to ensure access to education for all children, including national minorities.

II. Republic of Montenegro. The Committee notes that, under article 62 of the Constitution of the Republic of Montenegro, everyone is entitled to education under equitable conditions and primary education is obligatory and free. It also notes that according to the information available at the Office, the educational system in the Republic of Montenegro provides for eight years of free, mandatory schooling. The Committee further notes that, according to the National Report of the Ministry of Education and Science of the Republic of Montenegro (August 2004, pages 24 and 25), equal access to education for all children in Montenegro has always been one of the main goals of the Ministry of Education and Science. Equity in education is guaranteed by the General Law on Education. Elementary education is defined as free of charge and compulsory for all children in Montenegro and projections are that coverage of children with elementary education is 96.9 per cent of the entire elementary school population. The Committee asks the Government to supply a copy of the General Law on Education and other relevant legislation.

2. Measures taken to prevent trafficking in children. Serbia and Montenegro. The Committee notes that according to the Human Rights Committee (CCPR/CO/81/SEMO of 12 August 2004, paragraph 16), Serbia and Montenegro is a main transit route for trafficking in human beings and increasingly a country of both origin and destination. It also notes the Government’s detailed information on measures taken by the Government and a number of NGOs to prevent trafficking in children. These measures include: awareness-raising activities; printing and publishing materials, brochures of appropriate content, as well as posters; radio and television programmes on trafficking in human beings. The Committee further notes that a National Team for the Prevention and Combating Trafficking in Human Beings was formed in 2001, with the assistance of the OSCE Mission. This team comprises representatives from relevant governmental institutions, national NGOs and international organizations and has the task of developing a national strategy and creating a mechanism for combating trafficking in human beings. A separate group was established for activities related to the protection of children from trafficking. The Committee asks the Government to provide information on the impact of these measures on preventing trafficking in children.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Serbia and Montenegro. The Committee notes the Government’s information that the Coordination Service for the Protection of the Victims of Trafficking in Human Beings was established in March 2003 within the Institute for Upbringing and Education of Children and Young Persons as a joint project carried out by the Ministry of Labour, Employment and Social Policy and OSCE Mission in Serbia and Montenegro. Its main task is to act as a coordinating body in terms of organization of the support and protection of the victims of trafficking in human beings in Serbia and to make the first expert observation of a potential victim and assess the victim’s needs. The Committee also notes that in October 2004 the Council for Combating Trafficking in Human Beings, an advisory body to the Government, was established. The Council was formed for the purpose of: (a) coordinating national and regional activities aimed at combating trafficking in human beings; (b) reviewing reports of the relevant bodies of the international community involved in combating human trafficking; and (c) making proposals for implementation of the recommendations by international bodies combating trafficking in human beings. The Committee further notes the Government’s information that an SOS telephone line for the victims of trafficking in human beings has been established and a shelter for the victims of trafficking in human beings has been opened. The Committee asks the Government to continue to provide information on the effective and time-bound measures taken to provide direct assistance to child victims of trafficking and for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Roma children. I. Republic of Serbia. The Committee notes the Government’s information that, according to a research paper "Human trafficking in women and children of Roma origin" undertaken by the Belgrade Centre for Human Rights and Catholic Rescue Service (CRS) in 2004, there is a high risk that Roma children will become victims of trafficking. The Committee asks the Government to provide information on effective and time-bound measures taken to protect Roma children from trafficking and other worst forms of child labour.

II. The Republic of Montenegro. The Committee notes that, according to the National Report of the Ministry of Education and Science of the Republic of Montenegro (August 2004, pages 33-35), Roma children are at the risk of social exclusion due to language barriers and lack of interest for education that can lead, at a later stage, to limited possibilities for full integration into society. The Committee also notes that the Ministry of Education and Science of the Republic of Montenegro has conducted many different activities in order to increase the number of Roma children who are enrolling in pre-school education and the number of those who are enrolling and completing elementary education. These actions include the provision of free textbooks for Roma pupils, the provision of free additional language lessons and the project "Roma Education Initiative", conducted with UNICEF and the Foundation Open Society Institute. This project is a part of the "Roma Decade Inclusion" project carried out by the Government of the Republic of Montenegro with the aim of enabling the inclusion of the Roma population into all segments of society. The Committee requests the Government to provide further information on the implementation of this project and other time-bound measures taken to protect Roma children from the worst forms of child labour.

Article 8. International cooperation and assistance. Serbia and Montenegro. The Committee notes that Serbia and Montenegro is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Serbia and Montenegro ratified the Convention on the Rights of the Child in 1990. It further notes that Serbia and Montenegro is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that Serbia and Montenegro ratified in 2001 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. Serbia and Montenegro. The Committee notes the Government’s information that the Ministry of Internal Affairs estimates that around 10 per cent of recorded foreign citizens who are victims of trafficking for sexual exploitation are minors under 18 years. In addition, there are also reports of children trafficked for the purposes of begging and perpetrating criminal offences abroad. The Committee also notes that out of 24 criminal charges for trafficking in human beings, 13 have been brought in cases where victims were minors. Thirteen minors were victims of trafficking for the purpose of sexual exploitation (12 girls and one boy), eight children for the purpose of begging (four boys and four girls), and one girl for entering into forced marriage. From the total number of 22 victims, eight were Roma children. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.