Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative stated that his Government devoted much attention to combating the worst forms of child labour. Guaranteeing the rights and freedoms of minors was one of the priority tasks of the State and the civil society. Speaking about the effective measures for preventing the worst forms of child labour, the speaker referred to the following: prevention of child neglect and delinquency of minors; provision of the maximum possible coverage of children and juveniles with the basic secondary education, which was compulsory; organization of children’s leisure time; health protection and health improvement measures; development of the network of social institutions responsible for the rehabilitation of children involved in the worst forms of child labour, etc. The above measures were put into practice within the framework of the Federal Programme “Children of the Russian Federation” which included various subprogrammes implementing such measures. There were also special committees on minors at the federal, regional and local levels, which provided monitoring and coordination of activities of the state bodies, social organizations and institutions.

As regards the draft Law on Combating Trafficking in Human Beings, which was referred to in the Committee of Experts’ report, it was currently under examination in the State Duma Committee on the issues of family, women and children. During the elaboration of the draft Law, a series of substantial amendments had been introduced into the Criminal Code with a view to reinforcing penal sanctions for the offence of trafficking in persons and related crimes. In the course of their preparation, recommendations of various international bodies, (Organization for Security and Cooperation in Europe (OSCE), European Union) had been taken into account, such as the Ministerial Declaration of the OSCE of 28 November 2000. The speaker highlighted the importance of international cooperation in the field of combating human trafficking, including regional cooperation, and referred in this connection to the Target Group on Trafficking of the Council of the Baltic Sea States, to the Working Group on Transnational Organized Crime of the Organization for the Economic Co-operation of the Black Sea States and to the cooperation of the Ministry of Interior with EUROPOL.

In conclusion, the speaker informed the Committee that the Government was preparing a more detailed report on this subject for the examination by the Committee of Experts.

The Worker members recalled that Convention No. 182 had been unanimously adopted by the International Labour Conference ten years ago, that more than 90 per cent out of 182 ILO member States had already ratified it and that many of them had adopted national legislation with the view to eradicating the practices of child labour in situations of slavery, forced labour or servitude, pornography, prostitution, and in any other situation which was likely to harm the health, safety or morals of children.

The Worker members observed, however, that it would be premature to rejoice at this and that, as it had been emphasized by IPEC, major challenges persisted; the world economic and financial crisis did not help to improve the situation. They recalled that the Russian Federation had ratified Convention No. 182 in 2003 and that it had adopted amendments in its Criminal Code expressly prohibiting human trafficking, and increasing penal sanctions in the case of minors, and punishing the transfer of persons abroad for the purposes of prostitution, along with the increase of sanctions in case of minors. Nevertheless, a draft Law against human trafficking appeared to have been frozen since 2006. In substance, it was not a problem of legislation, but rather a problem of application, as well as the lack of transparency existing in the country. The Committee of Experts, referring also to the UN Committee on the Rights of the Child, described the situation as a widespread negligence, with a considerable number of children in various types of precarious situations. At the same time, legal provisions were not being applied by the public authorities. An obvious inaction of the Government in this field might lead to a conclusion that it did not realize the urgency of its obligations under the Convention, whereas this “urgency” was expressly referred to in Article 1 of this instrument. The Committee of Experts had also regretted that the Government had not furnished any information allowing the assessment of the application of Articles 4, 5 and 6 of the Convention. The Worker members therefore considered that the Government should demonstrate a real political will to make energetic efforts with a view to eradicating the worst forms of child labour, and by taking urgently effective measures, in collaboration with the social partners and on the basis of effective international cooperation.

The Employer members stated that this year was the tenth anniversary of the adoption of Convention No. 182 and recalled the importance of this instrument. In adopting this Convention, the ILO had recognized this was a priority issue not only at national but also at international level. The Convention tried to address a situation which was totally unacceptable in the twenty-first century, and for this reason, it had been adopted rapidly and unanimously.

They indicated that the case currently being examined was aberrant, as much for its nature as for the growing tendency of utilizing children for purposes of economic and sexual exploitation who were trafficked from the Russian Federation to other countries, most of which were developed countries. They added that it was the first time that this case was being examined by the Conference Committee. Apparently, the dialogue between the Government and the Committee of Experts had been brought to a halt and had slowed down between 2006–07. For this reason, the case was the subject of a footnote in the report of the Committee of Experts requesting the Government to supply full information to this Committee. At the basis of this case lay not only a trade union observation but also a report of the UN Committee on the Rights of the Child.

The Employer members highlighted the points on which the Committee of Experts had insisted in its report and appreciated receiving information that would allow them to know the degree of the Government’s commitment to eradicate the problem and to assess its willingness to maintain, as a matter of priority, the indispensable dialogue with the Committee of Experts. In conclusion, they said that this was a phenomenon that required coordinated responses from the various Government members and international organizations.

The Worker member of the Russian Federation expressed the firm conviction that the Committee should support the recommendations made by the Committee of Experts in its report. The facts given in the Committee of Experts’ conclusions appeared to be entirely accurate. This had been confirmed by various studies undertaken in the Russian Federation that had revealed instances of the use of child labour in construction, agriculture and trade and the involvement of children and adolescents in unlawful activities, such as theft, handling stolen goods, drug dealing, providing sexual services and the production of pornographic materials. This was a matter of concern not just to trade unions but to the Russian society in general, as could be seen from the increased attention devoted to the issue by the forces of law and order, the media and public organizations in recent times.

Despite this positive development, the Russian Federation’s trade unions were particularly concerned about the lack of effective measures to punish those who involved children in the worst forms of child labour, particularly prostitution and pornography. Under sections 134 and 135 of the Criminal Code of the Russian Federation, acts of a sexual nature and other depraved acts with children under the age of 16 were a criminal offence. The fact that the two sections applied only to those under 16, however, meant that the same acts committed against persons between 16–18 years of age, who were considered children under section 1 of the Federal Act “On fundamental guarantees for the rights of the child in the Russian Federation”, did not constitute criminal offences. Rectifying this problem in legislation would aid in reducing the number of children working in the Russian Federation, including in unlawful activities. Given its importance, the Federation of Independent Trade Unions of Russia had begun actively addressing the issue of eradicating child labour and, in 2008, had organized a meeting on the subject attended by various state and government bodies, together with interested public organizations.

Legislative change alone, however, would not solve the problem, particularly given that children very often became involved in unlawful activities for economic reasons. The Russian Federation’s current guaranteed minimum wage did not take into account whether families included under-age children, and yet the amount required for a child to live in the Russian Federation was the same as for an adult. In many cases, parents were forced to send their children to work simply to earn enough for the whole family to live on. Furthermore, the Russian Federation’s population included a relatively high number of orphans, who, with no home or parents, had to earn money and could only do so through the informal sector, which was mostly unregulated. With the global financial crisis affecting the Russian Federation’s labour market and resulting in many thousands of redundancies, there was a real risk of the situation becoming significantly worse, both in the Russian Federation and elsewhere. Eradicating poverty, promoting decent work, pursuing real anti-crisis policies, and guaranteeing rights arising from international labour standards and national legislation were the real ways of fighting the worst forms of child labour in all countries of the world.

It was impossible to take appropriate action to solve any problem without the necessary information and without being able to monitor the development of a situation in response to various influences. In the Russian Federation, finding solutions to problems was hampered by the lack of such an important body as a ministry of labour. The trade unions had been lobbying for some five years for the creation of a labour ministry, which could serve as a centre to coordinate the activities of other departments involved in tackling such problems as eradicating the worst forms of child labour. Creating a labour ministry would require a significant increase in compliance with ILO obligations in general, including in terms of timely and full reporting on the implementation of ILO Conventions. The Federation of Independent Trade Unions of Russia had reminded the Government of its responsibilities in that regard at a meeting held in April 2009, attended by the Minister of Health and Social Development, members of Parliament and several other high-level government representatives. For various reasons, however, the Ministry was currently unable to fulfil its role to the full.

The Worker member of Sweden, speaking on behalf of the Nordic workers’ organizations, highlighted the tenth anniversary of Convention No. 182. The Convention had been adopted unanimously in 1999 and showed the way through action plans and technical assistance on how to eliminate the worst forms of child labour. It was always hard to discuss the cases on the list of the Committee. However, when it came to cases relating to the application of Convention No. 182, it did really hurt because this was about children being treated as commodities.

Turning to the issue of the sale and trafficking and sexual exploitation of children in the Russian Federation, she stated that even though the Government had introduced provisions in the Criminal Code prohibiting human trafficking, it was not doing enough to ensure the effective implementation of those provisions. The Government should do its utmost to ensure that the provisions in the Criminal Code concerning the sale and trafficking of children were effectively enforced. In conclusion, she underlined that everybody had to assume responsibility and to work actively to eliminate this phenomenon. Child labour had no place in a dignified world.

The Worker member of India indicated that this case concerned grave violations of the Convention despite the necessary and relevant laws in place. A great number of persons were trafficked from the Russian Federation to other countries and from those countries into the Russian Federation. Women were forced into prostitution and children were trafficked for sexual exploitation. According to the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, the Russian Federation was also a destination country for boys and girls between 13–18 years of age being trafficked from Ukraine. Fifty per cent of the trafficked children from Ukraine went to neighbouring countries, including the Russian Federation, and were exploited in street vending, domestic work, agriculture and dancing, or they were employed as waiters to provide sexual services.

From the above, it was evident that the Russian Federation, in the absence of political will and in spite of the laws in place, failed or neglected to prohibit the sale and purchase of children who were trafficked in and from the country. This was not only a clear violation of Convention No. 182, but also of the ILO Declaration of Philadelphia of 1944, which stated that workers should not be used as commodity. He emphasized that both sending and receiving countries were equally responsible for this phenomenon.

On behalf of the Indian workers, he recalled the period of the former USSR, which, as early as 1932, was able to declare secure employment for all women and men, free and compulsory education for all children, no child labour or child prostitution, and a free health-care system for all. Unfortunately, today’s Russian Federation and its people, due to a reversal of its economic order, were witnessing growing unemployment, a high incidence of child labour, and women entering prostitution. The Russian Federation’s economy was a terminal illness of capitalism and the worst forms of child labour were the concomitant evil of this dying system. He appealed to the ILO to advise on the ways and means to eradicate the worst forms of child labour once and for all.

The Worker member of Hungary underlined that the present case was before the Committee because the Government of the Russian Federation had repeatedly failed to provide information to the Committee of Experts on the impact of measures on preventing the sale and trafficking of children; on effective and time-bound measures to assist child victims of trafficking; as well as on any steps to assist member States or to receive assistance in the implementation of the Convention through international or regional cooperation. The communication of relevant information by Governments not only was essential for the functioning of the ILO supervisory mechanism but also provided a sound basis for tackling a problem such as child trafficking, which affected the most vulnerable category of workers. Given that the submission of reports was a constitutional obligation, breaches of the reporting obligation were unacceptable, especially with regard to fundamental Conventions. The speaker called on the Government to explore all available technical, human and financial capacities of the labour administration to meet its reporting obligations. He strongly supported the conclusions of the Committee of Experts and urged the Government to supply, without further delay, full and comprehensive information on the points raised.

The Government member of Nigeria observed that the problems concerning the worst forms of child labour would not be resolved only by the ratification of Convention No. 182 or by bringing the domestic law into conformity with the Convention, but also required adequate measures to apply the Convention in practice. People engaging in criminal activities such as child labour in its worst forms had to face legal consequences. It was clear that the Government had put control measures in place, but their enforcement was important. It should be emphasized that children had to leave their country due to economic problems, and laws to protect children did not exist in either home or recipient countries. There was a need for cooperation between member States to prevent the trafficking of children. The Government had to continue to do everything within its power to enforce the control measures that had been put in place.

The Government representative of the Russian Federation thanked the speakers for expressing their concerns with respect to the worst forms of child labour. This matter was and would continue to be examined by the Government, on a priority basis. The Government had put into place a special mechanism towards this end, and would take into account in its next report the remarks made by the Committee concerning the question of transparency.

The Worker members stressed, as President Clinton had done at the International Labour Conference in 1999, that eradicating the worst forms of exploitation of children was a common cause that should unite everyone. They were convinced that the Russian Federation was capable of implementing all the measures necessary in that common struggle, as a priority for national and international action and “as a matter of urgency”, as prescribed in Article 1 of Convention No. 182.

The necessary measures should be taken in order to finalize the adoption and implementation of the Law on Combating Trafficking in Human Beings, which was inspired by the Palermo Protocol. On the basis of that legislation, a national plan of action should be drawn up, in consultation with social partners, and should contain the following key elements: a determination of hazardous work, as defined in Article 3(d) of the Convention; measures to improve monitoring the implementation of the legislation; coordinated action aimed at eliminating the worst forms of child labour; the bringing of charges against the perpetrators of child exploitation, with sufficiently dissuasive sanctions; monitoring of the situation; and a strengthening of international collaboration.

The Worker members supported the request by the Committee of Experts to provide all the information necessary for monitoring the implementation of the Convention by the Russian Federation, with a view to a further evaluation during the next session of the Conference. They also requested that more detailed information should be provided on consultations with social partners as provided for by the Convention.

The Employer members requested the Government to intensify measures aimed at materializing regulatory changes, creating legislation for victims, preventing cases related to orphan children and families without resources, as well as to take measures relating to raising awareness, rehabilitation and international cooperation with the Government of Ukraine. The Government also had to communicate, in a timely manner, adequate information on the measures taken. They called on the Committee and the international community to put an end to this situation.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children for purposes of labour and sexual exploitation, both within the country and across its borders.

The Committee noted the information provided by the Government outlining the comprehensive measures taken to prohibit and combat the trafficking of children. These measures included strengthening penalties in the Penal Code against trafficking in persons, the adoption of various measures within the framework of the Federal programme “Children of Russia” targeting the worst forms of child labour, the establishment of social rehabilitation centres for minors, as well as collaboration with several other countries from the Baltic Sea States and the Black Sea States to combat trafficking in children. The Government also indicated that the draft Law on Combating Trafficking in Human Beings was pending before the State Duma.

The Committee welcomed the recent policies and action programmes put in place by the Government, as well as the progress achieved by it to combat the commercial sexual exploitation of children and the trafficking of children for labour or sexual exploitation. It nevertheless noted that, although the law prohibited the trafficking of children for labour or sexual exploitation, it remained an issue of concern in practice. The Committee therefore called on the Government to strengthen the legislative framework on trafficking by ensuring that the draft Law on Combating Trafficking in Human Beings was adopted. The Committee also called on the Government to redouble its efforts and take, without delay, immediate and effective measures, in collaboration with the social partners, to eliminate the trafficking of children under 18 in practice. In this regard, the Committee urged the Government to take the necessary measures to ensure that regular unannounced visits were carried out by the labour inspectorate and that the perpetrators were prosecuted and that sufficiently effective and dissuasive penalties were imposed. The Committee requested the Government to provide in its report when it was next due, detailed information to the Committee of Experts on the measures taken to ensure the effective implementation of the legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee also requested the Government to supply detailed information on effective and time-bound measures taken to provide for the rehabilitation and social integration of former child victims of trafficking, in conformity with Article 7(2) of the Convention. These measures should include the repatriation, family reunification and support for former child victims.

In addition, the Committee requested the Government to deepen its collaboration with other countries involved in the trafficking of children to and from the Russian Federation. Finally, the Committee requested the Government to supply detailed information about the involvement of the social partners in issues relating to the worst forms of child labour, in conformity with the Convention.

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the Government’s report and also the discussions held in the Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference.

Article 5 of the Convention. Monitoring mechanisms. 1. Labour inspection. The Committee previously noted that, under sections 354–365 of the Labour Code, the Federal Labour Inspectorate enforces the labour legislation and other labour regulations by means of inspections, investigations, injunctions and prosecutions in accordance with federal law. However, the Committee notes that the Worker members in the Conference Committee on the Application of Standards indicated that the lack of a Ministry of Labour is obstructing action aimed at adopting the necessary measures and observing developments in the situation regarding the worst forms of child labour. The trade unions have been calling for several years for a Ministry of Labour to be set up, which would also act as a centre for coordinating the activities of the other bodies involved in the elimination of the worst forms of child labour. The Committee requests the Government to respond to the comments made by the Worker members in the Conference Committee on the Application of Standards and to provide information on what mechanisms have been established to monitor the implementation of the provisions of the Convention, in particular those dealing with the enforcement of prohibitions such as child prostitution and pornography, as well as the development and implementation of programmes of action and international assistance that do not fall within the purview of the federal labour inspectorate. The Committee also requests the Government to supply information on inspections carried out in enterprises and on the number and nature of reported violations relating to the employment of children under 18 years of age in the worst forms of child labour.

2. Mechanisms within the Ministry of the Interior. The Committee notes the Government’s statement that the “K” work unit is operating within the Ministry of the Interior. This unit has the primary task of combating the dissemination through the Internet of pornographic material involving minors. The Ministry of the Interior was thus able to close down 247 web sites disseminating pornographic material involving children in 2007, 226 sites in 2008 and 1,409 sites in 2009. The Committee also notes that since 2007 a division specializing in issues relating to minors set up within the Criminal Investigation Department of the Ministry of the Interior has been giving practical assistance to the Directorate of Internal Affairs in the work of detecting serious violations committed with regard to minors. The Committee requests the Government to supply information on the activities undertaken by the abovementioned mechanisms for children engaged in the worst forms of child labour, particularly child prostitution and child pornography.

Article 6. Programmes of action. 1. “Children of Russia” federal programme. In its previous comments the Committee noted that the implementation of the “Children of Russia” targeted federal programme provides for the application of measures to prevent the abandonment of children and juvenile crime, with the aim of reducing the proportion of children abandoned in relation to the total child population to 2.17 per cent and increase the proportion of children benefiting from social and rehabilitation services in specialist institutions to 83.3 per cent of the total number of abandoned and homeless children. The Committee notes the statement of the Government representative present at the Conference Committee on the Application of Standards that, under the “Children of Russia” programme, the Government has adopted measures to prevent cases of abandonment and juvenile crime, to ensure that the maximum number of children receive compulsory secondary education, to improve health and to develop the network of social institutions responsible for the rehabilitation of children involved in the worst forms of child labour. The Committee notes the Government’s indication in its report to the effect that, under the “Children of Russia” programme, 1.7 billion roubles have been allocated for the 2007–10 period to measures to prevent the abandonment of children and juvenile crime.

2. Government Commission on Child Affairs and Protection of their Rights. The Committee previously noted that the Government Commission on Child Affairs and Protection of their Rights was set up by Government Decree No. 272 of 6 May 2006. The Commission is divided into three sections with respective responsibilities for: (a) improving the situation of abandoned children and those involved in juvenile crime; (b) coordination of state activities in the areas of health, education and social and legal protection of children; and (c) collaboration with non-governmental organizations, businesses, and educational and sports organizations for children and young persons. The Committee noted that it was planned to establish a working group on child labour in the context of the abovementioned Commission with a view to coordinating the campaign against child labour in the St Petersburg (Leningrad) region. Noting the lack of information on this subject, the Committee again requests the Government to supply information on the impact of the Working Group on Child Labour, on any other measures taken by the Government Commission on Child Affairs and Protection of their Rights, on the protection of young persons under 18 years of age against the worst forms of child labour, and on the results achieved.

Article 7, paragraph 1. Penalties. With reference to its previous comments, the Committee notes that sections 240 and 241 of the Penal Code, as amended in 2003, state that anyone who lures or forces a minor to engage in prostitution shall be liable to imprisonment ranging from three to eight years and anyone who uses a minor for prostitution shall be liable to imprisonment of up to six years. The Committee also notes the Government’s indication that section 242.1 of the Penal Code, as amended by Federal Act No. 215 of 27 July 2009, provides that the production, preparation or dissemination of pornographic material involving minors shall be punishable with imprisonment for a period of two to eight years. The Committee notes the Government’s information to the effect that, in 2008, 51 persons were sentenced for luring minors into prostitution, in violation of section 240 of the Penal Code, and 47 persons were sentenced for producing and disseminating pornographic material involving minors, in violation of section 241.1 of the Penal Code. The Committee requests the Government to continue to supply information on the imposition in practice of penalties for the use, procuring or offering of young persons under 18 years of age for prostitution or pornography.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee previously noted that an ILO–IPEC action programme entitled “School-based awareness-raising campaign against the worst forms of child labour in Moscow” was implemented in 2004 and 2005. According to the programme’s final self-evaluation report of 2005, the programme introduced a new approach at the school level towards the prevention of child labour and the worst forms thereof by raising the awareness of pupils and their parents. The Committee also noted that an ILO–IPEC action programme entitled “School-based child labour monitoring system established in the Vyborg district of the Leningrad region” was implemented in 2007. According to the progress report for the period 18 June–28 December 2007, the action programme aimed to establish an effective district-wide mechanism at the school level, for the prevention of child labour, with the possibility of extending the model to other districts. Noting the lack of information on this subject in the Government’s report, the Committee again requests the Government to provide information in its next report on progress made in establishing the school-level mechanism for the prevention of child labour and on the number of children actually prevented from becoming victims of the worst forms of child labour further to the application of this mechanism.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to a study on child labour (2009 child labour study) conducted in St Petersburg (Leningrad) from May to October 2009, in the context of an
ILO–IPEC project on street children in the St Petersburg (Leningrad) region, children interviewed in the study are involved in work, and especially in the worst forms of child labour, mainly between the ages of 11 and 13 years. According to the study, many children drop out of school because they are working for eight to 12 hours a day. In addition, the study indicates that a large proportion of working children have frequent absences from school or drop out altogether. Only 64.4 per cent of children participating in the study attended school on a regular basis, while 15.9 per cent of children had not attended school for periods ranging from one to three years. The study also shows that children involved in prostitution or criminal activities attend school even less: only 34.2 per cent of children involved in prostitution attended school regularly, while 43.8 per cent had effectively dropped out since they had not attended school for one year. Most working children have therefore discontinued their education and have no interest in continuing their schooling at secondary level. The Committee expresses its deep concern at the children who are engaged in work, especially in the worst forms of child labour, and are abandoning their education as a result. The Committee urges the Government to take effective and time-bound measures to ensure that children engaged in the worst forms of child labour who have dropped out of school as a result are withdrawn from these worst forms of child labour and reintegrated in the school system. The Committee requests the Government to supply information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. In its previous comments the Committee noted that in January 2000 the Government of the Russian Federation collaborated with
ILO–IPEC on a project to assess the situation of street children in St Petersburg. The objective of the project was to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The Committee also noted that the technical progress report on the second phase of the ILO–IPEC project entitled “Street children of St Petersburg: From exploitation to education” of December 2005 (1 July 2005 to 31 December 2005) indicated that the activities undertaken in the first phase of the project were followed up in the second phase. The Committee noted that street children had been withdrawn from child labour and reintegrated as a result of the activities comprising these projects.

The Committee notes that the ILO–IPEC project on street children in the St Petersburg (Leningrad) region is currently under way (2009 ILO–IPEC project on street children). One of the objectives of this project is to strengthen the capacities of state institutions, social partners and non-governmental organizations for combating the problem of street children in St Petersburg (Leningrad), particularly by improving social dialogue and raising awareness of the worst forms of child labour. In view of the fact that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to step up its efforts to ensure their protection against such labour. It also requests the Government to provide information on the number of street children who have been withdrawn from child labour, rehabilitated and socially integrated as a result of the measures taken under the ILO–IPEC project on street children.

2. Children in difficulties and orphans. The Committee notes the Government’s information to the effect that Federal Act No. 195 of 10 December 1995 concerning the basic structures for the provision of public social services provides for consultation and rehabilitation services for the public. Under this Act, orphans, children lacking parental support, abandoned children, children in difficulties and any persons who are victims of physical or mental violence can be catered for on a provisional basis and receive consultation and rehabilitation services, particularly in the form of social reintegration and psychological assistance.

The Committee notes that, according to the national report of the Russian Federation submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1 of 10 November 2008 (A/HRC/WG.6/4/RUS/1, paragraphs 85–86), there has been a decline in the number of orphans and children lacking parental support, falling from 133,000 in 2005 to 127,100 in 2006 and 124,000 in 2007. In 2007 alone, some 126,000 children were placed in foster care with Russian families, compared with 106,000 in 2006. In 2007, the Russian education system included 1,688 institutions for orphans and children lacking parental support. Furthermore, the Committee notes the Government’s information to the effect that in 2008 a total of 3,363 establishments were providing social services to families and children placed under public social protection, including 570 assistance centres for families and children, 760 centres for the social reintegration of minors, 483 social centres catering for children and young persons, 294 social reintegration centres for disadvantaged children and 30 assistance centres for children lacking parental support. The establishments providing families and children with social services also have subdivisions, including 2,000 family education groups and 764 divisions for the prevention of child neglect. The Government indicates that these establishments provide more than 3 million families with assistance each year. The Committee considers that children in difficulties, particularly children lacking parental support and orphans, are at greater risk of becoming victims of the worst forms of child labour. It therefore requests the Government to step up its efforts to ensure that these children are protected against the worst forms of child labour and to continue to supply information on the results achieved.

Clause (e). Taking account of the special situation of girls. Working street girls. The Committee previously noted that an ILO–IPEC action programme entitled “Time-bound measures introduced to rehabilitate working street girls and to support their families in selected districts in St Petersburg” was implemented in 2007. According to the summary outline of 25 June 2007, the action programme aimed to support and develop rehabilitation structures for working street girls at the district and local levels, thus incorporating gender issues in their social work, in the Primorsky, Vassileostrovsky and Tsentralny districts.

The Committee notes that, in the context of the 2009 ILO–IPEC project on street children, a number of awareness-raising activities on the issue of working street girls have been implemented. For example, on the occasion of the 2009 World Day against Child Labour, ILO–IPEC tools were developed on the theme of “Give girls a chance: End child labour”. In addition, girls who have been withdrawn from living and working on the street have been provided with vocational training in the form of dressmaking skills, thereby enabling them to support themselves. However, the Committee notes that, in the context of the 2009 study on child labour, researchers interviewed some 70 experts on the issue of child labour who estimate that the numbers of children involved in prostitution in the region varies between 3,000 and 6,000 (95 per cent of them girls), while the number of children engaged in hazardous work varies from 4,000 to 6,000. According to the study, even though girls generally start working later than boys (99.2 per cent of boys start working before the age of 14 years, compared with 47.6 per cent of girls), the number of girls who work simply to survive is four times greater than the number of boys who work for this reason. Furthermore, according to a study undertaken by ILO–IPEC as part of the 2009 street children project, 25 per cent of children working on the streets are girls who are subjected to the worst forms of child labour, such as hazardous work or prostitution. The average age of girls forced to engage in prostitution and/or hazardous work is 12 years, while 13- and 14-year-old street girls engaged in prostitution account for 6 per cent and 14 per cent, respectively, of children interviewed during the study. Expressing its deep concern at the number and situation of working street girls, the Committee urges the Government to step up its efforts to protect them from the worst forms of child labour, particularly hazardous work and prostitution, and to provide information on the results achieved. The Committee again requests the Government to supply information in its next report on progress made in the setting up rehabilitation centres for working street girls and on the number of girls under 18 years of age who have actually been removed from the worst forms of child labour and have been rehabilitated.

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

The Committee notes the Government’s report and also the discussions held in the Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that, according to the communication from the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also reportedly taking place and confirmed cases have been reported of children being trafficked for sexual exploitation. The Committee further noted that, according to the report of 24 January 2007 submitted by the UN Special Rapporteur on the sale of children, child prostitution and child pornography in Ukraine (A/HRC/4/31/Add.2, paragraphs 48–49), the Russian Federation is also a destination country for boys and girls between 13 and 18 years of age trafficked from Ukraine. According to the report, half of the children trafficked across borders from Ukraine are taken to neighbouring countries, including the Russian Federation. The children trafficked across borders are exploited in street vending, domestic labour, agriculture, dancing, employment as waiters/waitresses or for the provision of sexual services.

The Committee previously observed that section 127.1 of the Penal Code prohibits the sale and trafficking of human beings, defined as the purchase or sale of persons or their procuring, transportation, transfer, concealment or reception, if committed for the purposes of exploitation. Section 127.1(2) provides for a heavier penalty when the offence is committed in relation to a known minor (defined in section 87 as a person between 14 and 18 years of age). The Committee also noted that section 240(2) of the Penal Code prohibits the transportation of any person across the state border of the Russian Federation for the purpose of delivering that person into prostitution or illegal detention abroad. A heavier penalty is incurred when this offence is committed against a minor. The Committee also noted that a draft Act against the trafficking of persons which aims to establish appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking, in accordance with the Palermo Protocol, was under consideration. However, the Committee noted that the special Act on assistance for victims of trafficking, pending before the Duma, was neither voted on nor enacted in 2006.

The Committee notes the statement from the Government representative present at the Conference Committee on the Application of Standards to the effect that the draft Act against the trafficking of persons is still under discussion in the Duma Commission on Family Issues for Women and Children, and a series of substantial amendments have been incorporated in the Penal Code with a view to imposing heavier penalties for violations of the law involving the trafficking of persons. In this regard, the Committee notes the Government’s information in its report to the effect that Act No. 218 of 25 November 2008 amended section 127.1 of the Russian Penal Code in such a way as to prohibit any transaction involving a child, regardless of the purpose of the transaction.

Furthermore, the Government indicates that, over the years, several dozen criminal groups which were recruiting Russian citizens for the purpose of offering their sexual services in Western Europe, the Middle East, Africa, Asia and North America have been exposed. The Government also indicates that, according to the centre for information analysis of the Ministry of the Interior, the total number of instances of trafficking of persons revealed by judicial inquiries increased by 4.6 per cent (68 cases) in 2008. The Committee notes the Government’s indication that in 2008 the courts examined the cases of five persons involved in three instances of the trafficking of minors.

While noting the measures taken by the Government, the Committee observes that the number of cases involving the trafficking of children reported by the authorities remains low. The Committee also notes the indication by the Worker members of the Conference Committee on the Application of Standards that the draft Act against the trafficking of persons appears frozen since 2006. The Committee therefore again observes that, although the trafficking of children for economic or sexual exploitation is prohibited by law, it remains a source of serious concern in practice. It reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to step up its efforts and take immediate and effective measures to eliminate in practice the trafficking of young persons under 18 years of age without delay. In this respect, the Committee requests the Government to take steps to ensure that perpetrators are investigated and prosecuted that sufficiently effective and dissuasive penalties are imposed on persons found guilty of the trafficking of children for economic or sexual exploitation. The Committee also requests the Government to take immediate steps to ensure that the draft Act against the trafficking of persons is adopted in the very near future. Finally, it requests the Government to continue to supply information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed for violations of the legal prohibitions on the sale and trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. 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 previously noted the detailed information from the Government on the network of social institutions which provide for the rehabilitation and social integration of children removed from the worst forms of child labour. It also noted that the establishment of social rehabilitation centres for minors was stepped up in 2004 (with the addition of 163 new centres by comparison with 2002). The Committee notes that, according to the 2009 UNODC Global Report on Trafficking in Persons, another centre for the rehabilitation of victims of trafficking opened in April 2007. This centre has the capacity to cater for 19 victims at a time. The Committee requests the Government to supply information on the number of child victims of trafficking for sexual or economic exploitation who have been rehabilitated and socially integrated as a result of the action of the abovementioned rehabilitation and social integration centres.

Article 8. International cooperation and assistance. International cooperation. The Committee previously noted that the Russian Federation is a member of Interpol, which facilitates cooperation between countries in different regions, particularly in combating the trafficking of children. It also noted that the Russian Federation has ratified the United Nations Convention against Transnational Organized Crime, its Protocol against the smuggling of migrants by land, sea and air, and its Protocol to prevent, suppress and punish trafficking in persons, especially women and children. The Committee notes that the Government representative present at the Conference Committee on the Application of Standards emphasized the importance of international and regional cooperation in combating the trafficking of persons. The Government indicates in its report that a Europol national contact point has been established within the Ministry of the Interior. The Committee requests the Government to supply information on the impact of the United Nations Convention against Transnational Organized Crime and its Protocol, and also the measures taken by Interpol and Europol in the Russian Federation relating to the elimination of the trafficking of children for economic or sexual exploitation.

Regional cooperation. The Committee previously noted that joint operations have been under way since 1998 with the countries of the Council of the Baltic Sea States (CBSS) with a view to preventing cross-border smuggling of children. Under the auspices of that body’s executive committee, “contact officers”, including some from the Russian Ministry of Internal Affairs, deal with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation.

The Committee notes the Government’s statement that the Ministry of the Interior has also drafted a cooperation agreement between the Ministries of the Interior (police) of the member countries of the Commonwealth of Independent States to combat the trafficking of persons. Furthermore, the Ministry of the Interior participates in the activities of a number of special working parties, including the CBSS Special Group for combating the trafficking of persons and the Working Party of the Organization of the Black Sea Economic Cooperation for combating organized crime. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee requests the Government to continue to reinforce its cooperation with other countries concerned with the trafficking of children to or from the Russian Federation. It requests the Government to continue to supply information on the specific measures taken to eliminate the cross-border trafficking of children for economic or sexual exploitation, and on the results achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5. Monitoring mechanisms. The Committee had previously noted that, according to sections 354–365 of the Labour Code, the Federal Labour Inspectorate carries out supervision and monitors compliance with the labour legislation and other regulations containing labour law standards by means of inspections, investigations, the issue of binding instructions and the institution of proceedings against guilty parties in accordance with the federal law. The Committee had also noted that chapter 58 of the Labour Code refers to the protection of employees’ labour rights by trade unions. It had noted that, in this regard, section 370 formulates that the trade unions shall have the right to monitor compliance by employers and their representatives with the labour legislation and other regulations containing labour law standards. The Committee once again requests the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action. 1. Federal programme “Children of Russia”. Following its previous comments, the Committee notes that the Federal targeted programme “Children of Russia” for 2003–06 was extended from 2007 to 2010 by Government Decree No. 79-r of 26 January 2007. According to the Government’s information, the programme includes the implementation of measures aimed at the prevention of child neglect and juvenile crime, which should help reduce the proportion of neglected children to 2.17 per cent of the total child population and increase the proportion of children who receive social and rehabilitative services in specialized institutions to 83.3 per cent of the total number of neglected and homeless children. The Committee notes that the Ministry of Health and Social Development was designated as State Coordinating Director of the federal programme and that a Coordinating Council was established to ensure its implementation. The Committee requests the Government to provide information on the impact of the federal programme “Children of Russia” on the effective elimination of the worst forms of child labour and, more specifically, on preventing homeless and neglected children from being engaged in such forms of child labour.

2. Government Commission on Child Affairs and Protection of their Rights. The Committee notes from the Government’s report that the Government Commission on Child Affairs and Protection of their Rights was established by Government Decree No. 272 of 6 May 2006. The Commission is divided into three sections: (a) the one responsible for improving the situation of neglected children and those involved in juvenile crime; (b) the one that deals with the coordination of the State activities in the fields of health, education and social and legal protection of children; and (c) the one that collaborates with non-governmental organizations, businesses and educational and sports organizations for children and young persons. According to the Government’s report, the Commission’s significance is shown through the active measures adopted in the framework of national projects. The Committee notes that, according to the 2005 Final Self-Evaluation report for the ILO/IPEC Action Programme “Enhancing the Capacity of the Leningrad Region Government to Coordinate the Child Labour Campaign”, one such measure is the establishment of a Child Labour Working Group within the Commission as a prototype for a Child Labour Unit, which coordinates the campaign against child labour in the Leningrad region. The Committee requests the Government to provide information on the impact of the Child Labour Working Group as well as the impact of any other measures taken by the Government Commission on Child Affairs and Protection of their Rights on protecting children under 18 years of age from the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted that the Criminal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of several provisions concerning the worst forms of child labour. The Committee notes the Government’s information that amendments were made to the Criminal Code in Federal Bill No. 108017-3. These amendments aim, in particular, to strengthen measures concerning the criminal liability of persons recruiting children in the worst forms of child labour, especially in prostitution. The Committee requests the Government to provide a copy of Federal Bill No. 108017-3 and to clearly indicate the provisions which increase the criminal liability of persons who engage children in the worst forms of child labour and, more specifically, in prostitution. It also, once again, requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Time-bound and effective measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that an ILO/IPEC Action Programme “School-Based Awareness-Raising Campaign against the Worst Forms of Child Labour in Moscow” was implemented in 2004 and 2005. According to the programme’s Final Self-Evaluation report of 2005, the Action Programme introduced a new approach towards prevention of child labour and its worst forms at the school level by raising awareness with school children and their parents. Within the scope of the programme, 619 children between the ages of 10 and 17 were directly reached and sensitized about the worst forms of child labour with, among other things, an information kit which includes a book for students, a brochure for parents and manuals for pedagogues, social workers and school psychologists. The Committee also notes that an ILO/IPEC Action Programme “School-Based Child Labour Monitoring System Established in the Vyborg District of the Leningrad Region” was implemented in 2007. According to the progress report for the period of 18 June 2007 to 28 December 2007, the Action Programme aimed to establish an effective district-wide mechanism for the prevention of child labour at the school level, with the possibility of extending the model to other districts. The Committee notes that this Action Programme has already reached 120 children at risk of being engaged in child labour and its worst forms, and that 30 parents are cooperating with schools in order to prevent children from being engaged in such types of child labour. The Committee encourages the Government to continue its efforts to prevent children under 18 years of age from being engaged in the worst forms of child labour. It requests the Government to provide information on the progress made in the establishment of the mechanism for the prevention of child labour at the school level and on the number of children who were effectively prevented from being engaged in the worst forms of child labour as a result.

Clause (d). Identifying and reaching out to children at special risk. Street children.  In its previous comments, the Committee had noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 74) expressed its concern at the increasing number of street children and their vulnerability to all forms of abuse and exploitation, as well as the fact that these children do not have access to public health and education services. The Committee had also noted that in January 2000, the Government of the Russian Federation collaborated with the ILO/IPEC on a project to assess the situation of street children in St. Petersburg. This project was launched in January 2000 and scheduled for three years, but the Committee had noted that it was still ongoing. The development objective of this project was to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The Committee had noted that by early 2004, 2,503 working street children (1,171 girls and 1,332 boys) were withdrawn and 1,664 potential child labourers (798 girls and 866 boys) were prevented from exploitative work.

The Committee notes that the technical progress report of the second phase of the ILO/IPEC project “Street children of St. Petersburg: From Exploitation to Education” of December 2005 (1 July 2005 to 31 December 2005), indicates that the activities undertaken in the first phase of the project were followed up in the second phase. According to the technical progress report, 300 working street children were provided with medical services, additional nutrition and schooling opportunities and 500 children were prevented from re-entering street labour during the reporting period. Furthermore, 192 working street children were provided with vocational skills or training, 87 with legal assistance, 192 with counselling services, 192 with health services, 140 with nutrition and 106 with other incentives, such as tickets to cultural events, to withdraw them from child labour. The Committee also notes that ILO/IPEC intervention has extended to the Vyborg district of the Leningrad region with the implementation of an Action Programme “Comprehensive Rehabilitative Model for Working Street Children and Their Families”. According to the Action Programme progress report for the period of 13 April 2007 to 17 December 2007, the programme aims to rehabilitate working street children by delivering a wide range of social aid through the local institutions and by giving direct support to the identified working street children, at-risk children and their parents. During the reporting period, 20 families with children engaged in child labour and children at risk were rehabilitated and educated on child labour prevention. Considering that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to protect them from such labour. It asks the Government to provide information on measures taken to this end.

Clause (e). Taking into account the special situation of girls. Working street girls. The Committee notes that an ILO/IPEC Action Programme “Mainstreaming Gender in the Child Labour Policy of the Primorsky, Admiralteisky and Moskovsky Districts of St. Petersburg” was implemented from 2004 to 2006. According to the Action Programme Final Self-Evaluation report of 27 July 2005 to 27 May 2006, 52 working street girls were identified and provided with continuous individual and group psychological counselling. Furthermore, the girls were provided with vocational training in textile painting, wood painting, leatherwear or computer graphics. Of these 52 girls, 45 completed the training courses and received letters of reference and four were reintegrated into the educational system. During the course of the Action Programme, awareness-raising activities were held to continuously inform the public about the progress made by the programme and its impact on the identified girls. The Committee also notes that an ILO/IPEC Action Programme “Time-Bound Measures Introduced to Rehabilitate Working Street Girls and to Support Their Families in Selected Districts in St. Petersburg” was implemented in 2007. According to the summary outline of 25 June 2007, the Action Programme aimed to support and develop rehabilitative structures for working street girls at the district and local levels, thus incorporating the gender issues in their social work. To achieve this objective, rehabilitative centres for working street girls will be established in the Vassileostrovsky, Tsentralny and Primorsky districts in the already existing Vocational Training Centres. Furthermore, the programme aims to rehabilitate at least 50 working street girls and their families and providing them with psychological support and training. On a longer-term basis, the intended beneficiaries of the Action Programme are 6,000 working street girls in St. Petersburg. The Committee requests the Government to provide information on the progress made in the establishment of the rehabilitative centres for working street girls and on the number of girls under 18 years of age who are effectively withdrawn from the worst forms of child labour and rehabilitated as a result.

Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government 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.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention.  Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had noted that, according to the communication of the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also taking place; women are generally forced to work as prostitutes while men are trafficked into agricultural or construction work. There are said to be confirmed cases of children being trafficked for sexual exploitation. The Committee had further noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 80) while welcoming the recent introduction of norms prohibiting the trafficking of human beings in the Criminal Code, was concerned that not enough was being done to effectively implement these provisions. The Committee on the Rights of the Child also expressed its concern that protection measures for victims of trafficking of human beings were not fully in place and that reported acts of complicity between traffickers and state officials were not being fully investigated and punished.

The Committee had observed that section 127.1 of the Criminal Code prohibits the sale and trafficking in human beings, defined as the purchase and sale of persons or their recruitment, transport, transfer, hiding or receipt, if committed for the purposes of exploitation. Subsection (2) of section 127.1 provides for a higher penalty when this offence is committed in relation to a known minor (defined in section 87 as a person aged 14 to 18 years). The Committee had also noted that subsection (2) of section 240 of the Criminal Code prohibits transporting another person across the state border of the Russian Federation for the purposes of engaging that person into prostitution or illegal detention abroad. A higher penalty is provided when this offence is committed against a minor. The Committee had noted the Government’s information that, in 2002, ten cases of criminal proceedings for trafficking in minors were instituted, and 21 in 2003. In 2004, three cases of trafficking in minors were uncovered, of which two involved children aged between 1 and 3 years, and the other involved a child of 16 years.

The Committee had also noted the Government’s information that during the period 2003–05, work had been under way on a draft Law on Combating Trafficking in Human Beings which is based on the Palermo Protocol and provides for appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking. However, the Committee now notes that, according to information available at the Office, specific trafficking victim assistance legislation, pending before the Duma, was neither passed nor enacted in 2006.

The Committee further notes that, according to the Report of the UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography in Ukraine of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–49), the Russian Federation is also a destination country for boys and girls aged between 13 and 18 years trafficked from Ukraine. According to this report, half of the children trafficked across borders from Ukraine go to neighbouring countries, including the Russian Federation. The children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, employed as waiters/waitresses or to provide sexual services. Furthermore, according to the same report (paragraph 52), as of 30 June 2006, 120 unaccompanied children were repatriated to Ukraine from nine countries, among which the Russian Federation was mentioned in particular.

The Committee notes once again that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It also once again recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children 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 take the necessary measures as a matter of urgency to ensure that persons who traffic in children for labour or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. The Committee also asks the Government to provide information on the status of the draft Law on Combating Trafficking in Human Beings and on the progress made in its enactment, if still pending before the Duma.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted the Government’s information that efforts are being made to improve collaboration between the media and non-governmental organizations in combating cross-border trafficking in women and children. Thus, it was becoming increasingly common for the major television networks to broadcast programmes on trafficking in women and children, shedding light on this problem and explaining the work done by internal affairs officials to identify and prosecute traffickers in accordance with the new provisions of the Criminal Code. The Committee had also noted that, in 2004, the organization “Independent voluntary assistance centre for victims of sexual assault” (“Sisters”) helped to conduct a series of one-day training sessions on the theme of “Making general use of Russian and international experience in combating trafficking in persons”. The Committee had further observed that the association of women’s crisis centres, “Let’s stop violence!”, has opened a national information line on the problem of preventing trafficking in persons. Its purpose is to provide information on Russian and international organizations that provide assistance to victims of trafficking in the Russian Federation and abroad, Russian embassies and consulates abroad and personal security plans for persons travelling abroad. Noting the absence of information in the Government’s report, the Committee once again asks the Government to provide information on the impact of the above measures on preventing the sale and trafficking of children.

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 had previously noted the Government’s detailed information on a system of social institutions which provide for the rehabilitation and social integration of children engaged in the worst forms of child labour. In particular, it had noted that, compared to 2003, the number of establishments functioning within the social protection bodies of the constituent units of the Russian Federation and local self-government bodies had increased by 144, reaching 3,373 by 1 January 2005 (the corresponding figures were 3,059 in 2002 and 3,229 in 2003). It had also noted that social rehabilitation centres for minors, centres to provide social assistance to families and children, social shelters for children and adolescents, centres for children left without parental care, telephone hotlines for emergency psychological assistance and other measures were being actively developed. The development of social rehabilitation centres for minors was stepped up in 2004 (with the addition of 163 new centres compared to the year 2002). The Committee had also noted the Government’s information that, in recent years, the Russian law enforcement authorities have been collaborating closely with organizations which help victims of violence. For example, the National Central Office of Interpol receives information from crisis centres on cases of unlawful detention and sexual exploitation abroad of Russian women, including under-age girls. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on effective and time-bound measures taken to assist child victims of trafficking and to provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee had previously noted that the Russian Federation is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee had also noted that the Russian Federation has ratified the United Nations Convention against Transnational Organized Crime and its supplementary Protocols against Smuggling of Migrants by Land, Sea and Air, as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Noting the absence of information in the Government’s report, the Committee once again asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced international cooperation and assistance on the issue of combating the trafficking of children.

2. Regional cooperation. The Committee had noted the Government’s information that, since 1998, joint operations have been under way with the countries of the Council of Baltic Sea States with a view to preventing cross-border smuggling of children. Under the auspices of that body’s executive committee, so-called “contact officers”, including some from the Russian Ministry of Internal Affairs, deal with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation. The Committee had noted that, following a decision by the Interpol Operative Committee for the Baltic Sea States, available data on the cross-border smuggling of children for the purpose of prostitution were being analysed and the principal trafficking routes were being mapped. Noting the absence of information in the Government’s report, the Committee once again asks the Government to provide information on regional cooperation with the countries of the Council of Baltic Sea States with a view to preventing cross-border trafficking of children.

The Committee is also addressing a direct request to the Government concerning other points.

[The Government is asked to supply full particulars to the Conference at is 98th Session and to reply in detail to the present comments in 2009.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that section 150 of the Criminal Code prohibits the involvement of a minor in the commission of a crime by means of promises, deception, threats or by other means. It also noted that section 151 of the Criminal Code deals with the offence of the involvement of a minor in the commission of anti-social acts, including vagrancy begging. The Committee further noted that sections 228–232 deal with a range of drug-related offences, including the illegal acquisition, storage, transport, production, distribution of narcotics or psychotropic substances, illegal cultivation of plants containing narcotic substances and organization of dens for the use of narcotics or psychotropic substances. Subsection 2 of section 228.1 provides for a higher penalty when the offence of illegal production and distribution of drugs is committed in relation to a known minor. The Committee requests the Government to indicate whether section 228.1 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 5. Monitoring mechanisms. The Committee noted that, according to sections 354–365 of the Labour Code, the Federal Labour Inspectorate carries out supervision and monitors compliance with the labour legislation and other regulations containing labour law standards by means of inspections, investigations, the issue of binding instructions and the institution of proceedings against guilty parties in accordance with the federal law. To this end, labour inspectors have the right to visit organizations and enterprises without hindrance at any time of day for the purpose of carrying out inspections; to impose on employers binding instructions to rectify violations of the labour legislation; to restore violated rights of employees; to take disciplinary action for those violations or to dismiss persons responsible; and to suspend the operation of organizations and equipment in the event of violations of labour protection requirements which create a threat to the life and health of employees, until such time as those violations have been rectified. The Committee also noted that Chapter 58 of the Labour Code refers to the protection of employees’ labour rights by trade unions. To this regard, section 370 formulates that the trade unions shall have the right to monitor compliance by employers and their representatives with the labour legislation and other regulations containing labour law standards. The Committee requests the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Federal programme “Children of Russia”. The Committee noted the Government’s information that a federal targeted programme “Children of Russia” for 2003–06 was approved by Government Decree No. 732 of 3 October 2002. Under this programme, various measures are being implemented, including the following, relevant to this Convention:

–      provision of the compulsory level of basic general education for the maximum possible number of children and young people;

–      organization of vocational training for minors;

–      development of a system of social institutions under various different government departments for the rehabilitation of children who have been subjected to the worst forms of child labour; and

–      preventive work with families and children in high-risk groups.

The Committee requests the Government to provide information on the achievements and impact of this federal programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee noted that sections 127, 127.2, 150, 151, 240 and 242.1 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: illegal deprivation of freedom; use of slave labour; engaging minors in criminal activity; involvement of a minor in begging; drawing minors into engaging in prostitution; distribution of pornographic images of minors and involvement of minors in participation in pornographic performances. The Committee also noted that section 143 of the Criminal Code provides for penalties of fine or imprisonment for violation of labour-protection regulations. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 74) expressed its concern at the increasing number of street children and their vulnerability to all forms of abuses and exploitation as well as the fact that these children do not have access to public health and education services. It recommended that the State Party undertake a comprehensive national survey on this matter in order to design and implement comprehensive strategies and policies to prevent and combat all kinds of abuse and exploitation. The Committee also noted that in January 2000, the Government of the Russian Federation collaborated with ILO/IPEC on a project to assess the situation of street children in St. Petersburg. This project was launched in January 2000 and scheduled for three years. According to the technical progress reports of ILO/IPEC, the project “Street children of St. Petersburg: From exploitation to education” is still ongoing. The development objective of this project is to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The key areas for interventions have been the worst forms of child labour, improvement of educational services, stimulating social dialogue and social partnership on child labour, development of new preventive and rehabilitative models.

The Committee further noted that by early 2004, 2,503 working street children (1,171 girls and 1,332 boys) were withdrawn and 1,666 potential child labourers (798 girls and 866 boys) were prevented from exploitative work. More than 3,700 social workers, school social pedagogues, psychologists, representatives of the local administrations, trade union activists and police officers were sensitized on child labour and trained on how to carry out preventative and rehabilitative models. The Committee also noted that ILO/IPEC has developed a new action programme on comprehensive rehabilitative and preventive model for working street children and their families in the Nevsky district of St. Petersburg. The Committee asks the Government to keep it informed on the progress made under these programmes and on other measures taken or envisaged to protect street children from the worst forms of child labour.

Clause (e). Taking account of the special situation of girls. The Committee noted the Government’s indication that in all national plans and programmes of action relating to the application of the Convention, a gender-based approach is used and special consideration is given to the particular situation of girls. It asks the Government to provide further information on effective and time-bound measures taken to address the special situation of girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s indication that the effective elimination of the worst forms of child labour is made more difficult by the existence of a number of intractable problems. There are difficulties as regards the early identification of children drawn into the worst forms of work. Mechanisms and procedures for identifying such children require considerable adjustment. In most cases, children who are drawn into pornography, sexually exploited, or who suffer violence, are identified during investigations into other types of crime.

The Committee also noted the Government’s information that more than 2,300 inspections were performed in 2004 by regional bodies of the Federal Labour and Employment Service and by state labour inspectorates in relation to workers under 18. In the course of these inspections, more than 8,300 different violations were uncovered and redressed. According to data from the State Statistics Committee, at the beginning of 2004, there were more than 8,000 workers under 18 employed in the industrial, construction, transport and communications organizations inspected (in 2003 the figure was 20,700 and 25,200 such workers were employed in 2002). Seventy of these were working in conditions that did not meet sanitary requirements (0.9 per cent of the total), as against 390 (1.9 per cent) in 2003 and 655 (2.6 per cent) in 2002. In 2004, there were 57 minors working in raised noise, ultrasound or infrasound levels and four minors were working in workplaces with raised gas levels in the atmosphere. Some 23 minors were working in workplaces with raised dust levels and five minors were employed in heavy physical labour. 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.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee noted that, according to the communication of the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also taking place; women are generally forced to work as prostitutes while men are trafficked into agricultural or construction work. There are said to be confirmed cases of children being trafficked for sexual exploitation. The Committee further noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 80) while welcoming the recent introduction of norms prohibiting the trafficking of human beings in the Criminal Code, was concerned that not enough was being done to effectively implement these provisions. The Committee on the Rights of the Child also expressed its concern that protection measures for victims of trafficking of human beings were not fully in place and that reported acts of complicity between traffickers and state officials were not being fully investigated and punished.

The Committee observed that section 127.1 of the Criminal Code prohibits the sale and trafficking in human beings, defined as the purchase and sale of persons or their recruitment, transport, transfer, hiding or receipt, if committed for the purposes of exploitation. Subsection (2) of section 127.1 provides for a higher penalty when this offence is committed in relation to a known minor (defined in section 87 as a person aged 14 to 18 years). The Committee also noted that subsection (2) of section 240 of the Criminal Code prohibits transporting another person across the state border of the Russian Federation for the purposes of engaging that person into prostitution or illegal detention abroad. A higher penalty is provided when this offence is committed against a minor.

The Committee noted the Government’s information that during the period 2003–05, work has been under way on a draft Law on Combating Trafficking in Human Beings which is based on the Palermo Protocol and provides for appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking. The Committee also noted the Government’s information that in 2002, ten cases of criminal proceedings for trafficking in minors were instituted, and 21 in 2003. In 2004, three cases of trafficking in minors were uncovered, of which two involved children aged between 1 and 3 years, and the other involved a child of 16 years.

The Committee consequently noted that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It recalled that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children 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 requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for labour or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. The Committee also asks the Government to inform it on the progress in the elaboration of the draft Law on Combating Trafficking in Human Beings and to provide a copy thereof once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee noted the Government’s information that efforts are being made to improve collaboration between the media and non-governmental organizations in combating cross-border trafficking in women and children. Thus, it is becoming increasingly common for the major television networks to broadcast programmes on trafficking in women and children, shedding light on this problem and explaining the work done by internal affairs officials to identify and prosecute traffickers in accordance with the new provisions of the Criminal Code. It also noted that in 2004, the organization “Independent voluntary assistance centre for victims of sexual assault” (“Sisters”) helped to conduct a series of one-day training sessions on the theme of “Making general use of Russian and international experience in combating trafficking in persons”. The Committee further observed that the association of women’s crisis centres “Let’s stop violence!” has opened a national information line on the problem of preventing trafficking in persons. Its purpose is to provide information on Russian and international organizations that provide assistance to victims of trafficking in the Russian Federation  and abroad, Russian embassies and consulates abroad, and personal security plans for persons travelling abroad. The Committee asks the Government to provide information on the impact of the above measures on preventing the sale and trafficking of children.

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 noted the Government’s detailed information on a system of social institutions which provide for the rehabilitation and social integration of children engaged in the worst forms of child labour. In particular, it notes that, compared to 2003, the number of establishments functioning within the social protection bodies of the constituent units of the Russian Federation and local self-government bodies increased by 144, reaching 3,373 by 1 January 2005 (the corresponding figures were 3,059 in 2002 and 3,229 in 2003). It also noted that social rehabilitation centres for minors, centres to provide social assistance to families and children, social shelters for children and adolescents, centres for children left without parental care, telephone hotlines for emergency psychological assistance and other measures are being actively developed. The development of social rehabilitation centres for minors was stepped up in 2004 (with the addition of 163 new centres compared to the year 2002). The Committee also noted the Government’s information that in recent years, the Russian law enforcement authorities have been collaborating closely with organizations which help victims of violence. For example, the National Central Office of Interpol receives information from crisis centres on cases of unlawful detention and sexual exploitation abroad of Russian women, including under-age girls. The Committee requests the Government to continue to provide information on effective and time-bound measures taken to assist child victims of trafficking and to provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee noted that the Russian Federation is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also noted that the Russian Federation has ratified the United Nations Convention against Transnational Organized Crime and its supplementary Protocols against Smuggling of Migrants by Land, Sea and Air, as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. 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, in particular, on the issue of combating the trafficking of children.

2. Regional cooperation. The Committee noted the Government’s information that since 1998, joint operations have been under way with the countries of the Council of Baltic Sea States with a view to preventing cross-border smuggling of children. Under the auspices of that body’s executive committee, so-called “contact officers”, including some from the Russian Ministry of Internal Affairs, are dealing with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation. Following a decision by the Interpol Operative Committee for the Baltic Sea States, available data on the cross-border smuggling of children for the purpose of prostitution is being analysed and the principal trafficking routes are being mapped. The Committee asks the Government to continue to provide information on regional cooperation with the countries of the Council of Baltic Sea States with a view to preventing cross-border trafficking of children.

The Committee is also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that section 4 of the Labour Code prohibits forced labour. It also notes the Government’s information that section 50 of the Federal Act to amend and supplement the Act on education prohibits the exaction of labour from students and pupils of civilian education institutions, without the consent of those students and pupils and their parents or legal representatives unless it is part of the educational programme. The Committee further notes that section 127 of the Criminal Code prohibits illegal deprivation of freedom. A higher penalty is provided when this offence is committed with respect to a person known to have been a minor (defined in section 87 as a person aged 14 to 18 years). It also notes that section 127.2 of the Criminal Code prohibits the use of slave labour. A higher penalty is stipulated when this offence is committed against a minor.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 22 of the Law on military obligation and military service, male citizens aged 18 to 27 years may be called-up for military service. It also notes that section 359 of the Criminal Code prohibits the recruitment, training, financing, or other material support of a mercenary, as well as the use thereof in an armed conflict or military acts. Subsection 2 of this section provides for a higher penalty when this offence is committed with respect to a minor.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 240 of the Criminal Code prohibits drawing another person into engaging in prostitution. Subsection 3 provides for a higher penalty when this offence is committed against a minor. The Committee also notes that section 241 of the Criminal Code punishes acts directed toward the organization for the practice of prostitution by other persons, and equally the maintenance of dens for the practice of prostitution or the systematic provision of premises for the practice of prostitution. The Committee also notes the Government’s information that, under the new section 6.12 of the Code of Administrative Offences, which came into force in 2003, it is an offence to receive an income from activities associated with the engagement of others in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 242 of the Criminal Code prohibits the illicit production for the purposes of dissemination or promotion or the dissemination or promotion of pornographic materials or objects, as well as illegal trade in printed publications, film or video materials, images or other objects of pornographic character. The Committee also notes that section 242.1 of the Criminal Code punishes anyone, who, prepares, stores, or transports across the state border of the Russian Federation materials or items with pornographic images of known minors for the purposes of distribution, public demonstration, or advertising, or distributes, demonstrates, or advertises such materials, and equally involves minors as actors participating in spectacles of a pornographic nature.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 150 of the Criminal Code prohibits the involvement of a minor in the commission of a crime by means of promises, deception, threats or by other means. It also notes that section 151 of the Criminal Code deals with the offence of the involvement of a minor in the commission of anti-social acts, including vagrancy begging. The Committee further notes that sections 228-232 deal with a range of drug-related offences, including the illegal acquisition, storage, transport, production, distribution of narcotics or psychotropic substances, illegal cultivation of plants containing narcotic substances and organization of dens for the use of narcotics or psychotropic substances. Subsection 2 of section 228.1 provides for a higher penalty when the offence of illegal production and distribution of drugs is committed in relation to a known minor. The Committee requests the Government to indicate whether section 228.1 of the Criminal Code prohibits the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 265 of the Labour Code prohibits persons under 18 years of age from being employed in work under harmful or hazardous conditions, in underground work, or in work the performance of which may be detrimental to their health and moral development (gaming activities, work in night cabarets and clubs and the production and transportation of and trade in alcoholic beverages, tobacco products and narcotic and toxic preparations). This section further prohibits employees under the age of 18 years from carrying or moving heavy objects in excess of the maximum norms established for them. The Committee also notes that section 268 of the Labour Code prohibits night work and overtime work for such employees. The Committee further notes that a list of arduous jobs and jobs with harmful or dangerous working conditions in which persons under 18 may not be employed has been established by Government Decree No. 163 of 25 February 2000 (as amended by Government Decree No. 473 of 20 June 2001). The list consists of 2,198 occupations in industry (such as coal, metal working, chemicals), construction, transport, agriculture, mining, underground work, etc. The Committee notes that the list was adopted following the consent of a tripartite commission.

Article 5. Monitoring mechanisms. The Committee notes that, according to sections 354-365 of the Labour Code, the Federal Labour Inspectorate carries out supervision and monitors compliance with the labour legislation and other regulations containing labour law standards by means of inspections, investigations, the issue of binding instructions and the institution of proceedings against guilty parties in accordance with the federal law. To this end, labour inspectors have the right to visit organizations and enterprises without hindrance at any time of day for the purpose of carrying out inspections; to impose on employers binding instructions to rectify violations of the labour legislation; to restore violated rights of employees; to take disciplinary action for those violations or to dismiss persons responsible; and to suspend the operation of organizations and equipment in the event of violations of labour protection requirements which create a threat to the life and health of employees, until such time as those violations have been rectified. The Committee also notes that chapter 58 of the Labour Code refers to the protection of employees’ labour rights by trade unions. To this regard, section 370 formulates that the trade unions shall have the right to monitor compliance by employers and their representatives with the labour legislation and other regulations containing labour law standards. The Committee requests the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. Federal programme “Children of Russia”. The Committee notes the Government’s information that a federal targeted programme “Children of Russia” for 2003-06 was approved by Government Decree No. 732 of 3 October 2002. Under this programme, various measures are being implemented, including the following, relevant to this Convention:

–      provision of the compulsory level of basic general education for the maximum possible number of children and young people;

–      organization of vocational training for minors;

–      development of a system of social institutions under various different government departments for the rehabilitation of children who have been subjected to the worst forms of child labour; and

–      preventive work with families and children in high-risk groups.

The Committee requests the Government to provide information on the achievements and impact of this federal programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 127, 127.2, 150, 151, 240 and 242.1 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: illegal deprivation of freedom; use of slave labour; engaging minors in criminal activity; involvement of a minor in begging; drawing minors into engaging in prostitution; distribution of pornographic images of minors and involvement of minors in participation in pornographic performances. The Committee also notes that section 143 of the Criminal Code provides for penalties of fine or imprisonment for violation of labour-protection regulations. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 74) expressed its concern at the increasing number of street children and their vulnerability to all forms of abuses and exploitation as well as the fact that these children do not have access to public health and education services. It recommended that the State Party undertake a comprehensive national survey on this matter in order to design and implement comprehensive strategies and policies to prevent and combat all kinds of abuse and exploitation. The Committee also notes that in January 2000, the Government of the Russian Federation collaborated with ILO/IPEC on a project to assess the situation of street children in St. Petersburg. This project was launched in January 2000 and scheduled for three years. According to the technical progress reports of ILO/IPEC, the project “Street children of St. Petersburg: From exploitation to education” is still ongoing. The development objective of this project is to contribute to the progressive elimination of child labour through strengthening local initiatives aimed at improving the lives of working street children and their parents. The key areas for interventions have been the worst forms of child labour, improvement of educational services, stimulating social dialogue and social partnership on child labour, development of new preventive and rehabilitative models.

The Committee further notes that by early 2004, 2,503 working street children (1,171 girls and 1,332 boys) have been withdrawn and 1,666 potential child labourers (798 girls and 866 boys) have been prevented from exploitative work. More than 3,700 social workers, school social pedagogues, psychologists, representatives of the local administrations, trade union activists and police officers have been sensitized on child labour and trained on how to carry out preventative and rehabilitative models. The Committee also notes that ILO/IPEC has developed a new action programme on comprehensive rehabilitative and preventive model for working street children and their families in the Nevsky district of St. Petersburg. The Committee asks the Government to keep it informed on the progress made under these programmes and on other measures taken or envisaged to protect street children from the worst forms of child labour.

Clause (e). Taking account of the special situation of girls. The Committee notes the Government’s indication that in all national plans and programmes of action relating to the application of the Convention, a gender-based approach is used and special consideration is given to the particular situation of girls. It asks the Government to provide further information on effective and time-bound measures taken to address the special situation of girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the effective elimination of the worst forms of child labour is made more difficult by the existence of a number of intractable problems. There are difficulties as regards the early identification of children drawn into the worst forms of work. Mechanisms and procedures for identifying such children require considerable adjustment. In most cases, children who are drawn into pornography, sexually exploited, or who suffer violence, are identified during investigations into other types of crime.

The Committee also notes the Government’s information that more than 2,300 inspections were performed in 2004 by regional bodies of the Federal Labour and Employment Service and by state labour inspectorates in relation to workers under 18. In the course of these inspections, more than 8,300 different violations were uncovered and redressed. According to data from the State Statistics Committee, at the beginning of 2004, there were more than 8,000 workers under 18 employed in the industrial, construction, transport and communications organizations inspected (in 2003 the figure was 20,700 and 25,200 such workers were employed in 2002). Seventy of these were working in conditions that did not meet sanitary requirements (0.9 per cent of the total), as against 390 (1.9 per cent) in 2003 and 655 (2.6 per cent) in 2002. In 2004, there were 57 minors working in raised noise, ultrasound or infrasound levels and four minors were working in workplaces with raised gas levels in the atmosphere. Some 23 minors were working in workplaces with raised dust levels and five minors were employed in heavy physical labour.

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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s first report and of the communication of the International Confederation of Free Trade Unions (ICFTU) concerning the problem of trafficking in persons for the purpose of sexual and labour exploitation. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include “all forms of slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”, the Committee is of the view that the issue of the sale and trafficking of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the communication of the ICFTU, thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also taking place; women are generally forced to work as prostitutes while men are trafficked into agricultural or construction work. There are said to be confirmed cases of children being trafficked for sexual exploitation. The Committee further notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.274 of 30 September 2005, paragraph 80) while welcoming the recent introduction of norms prohibiting the trafficking of human beings in the Criminal Code, was concerned that not enough was being done to effectively implement these provisions. The Committee on the Rights of the Child also expressed its concern that protection measures for victims of trafficking of human beings were not fully in place and that reported acts of complicity between traffickers and state officials were not being fully investigated and punished.

The Committee observes that section 127.1 of the Criminal Code prohibits the sale and trafficking in human beings, defined as the purchase and sale of persons or their recruitment, transport, transfer, hiding or receipt, if committed for the purposes of exploitation. Subsection (2) of section 127.1 provides for a higher penalty when this offence is committed in relation to a known minor (defined in section 87 as a person aged 14 to 18 years). The Committee also notes that subsection (2) of section 240 of the Criminal Code prohibits transporting another person across the state border of the Russian Federation for the purposes of engaging that person into prostitution or illegal detention abroad. A higher penalty is provided when this offence is committed against a minor.

The Committee notes the Government’s information that during the period 2003-05, work has been under way on a draft Law on Combating Trafficking in Human Beings which is based on the Palermo Protocol and provides for appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking. The Committee also notes the Government’s information that in 2002, ten cases of criminal proceedings for trafficking in minors were instituted, and 21 in 2003. In 2004, three cases of trafficking in minors were uncovered, of which two involved children aged between 1 and 3 years, and the other involved a child of 16 years.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children 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 requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for labour or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to continue to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. The Committee also asks the Government to inform it on the progress in the elaboration of the draft Law on Combating Trafficking in Human Beings and to provide a copy thereof once it has been adopted.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that efforts are being made to improve collaboration between the media and non-governmental organizations in combating cross-border trafficking in women and children. Thus, it is becoming increasingly common for the major television networks to broadcast programmes on trafficking in women and children, shedding light on this problem and explaining the work done by internal affairs officials to identify and prosecute traffickers in accordance with the new provisions of the Criminal Code. It also notes that in 2004, the organization “Independent voluntary assistance centre for victims of sexual assault” (“Sisters”) helped to conduct a series of one-day training sessions on the theme of “Making general use of Russian and international experience in combating trafficking in persons”. The Committee further observes that the association of women’s crisis centres “Let’s stop violence!” has opened a national information line on the problem of preventing trafficking in persons. Its purpose is to provide information on Russian and international organizations that provide assistance to victims of trafficking in the Russian Federation  and abroad, Russian embassies and consulates abroad, and personal security plans for persons travelling abroad. The Committee asks the Government to provide information on the impact of the above measures on preventing the sale and trafficking of children.

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 detailed information on a system of social institutions which provide for the rehabilitation and social integration of children engaged in the worst forms of child labour. In particular, it notes that, compared to 2003, the number of establishments functioning within the social protection bodies of the constituent units of the Russian Federation and local self-government bodies increased by 144, reaching 3,373 by 1 January 2005 (the corresponding figures were 3,059 in 2002 and 3,229 in 2003). It also notes that social rehabilitation centres for minors, centres to provide social assistance to families and children, social shelters for children and adolescents, centres for children left without parental care, telephone hotlines for emergency psychological assistance and other measures are being actively developed. The development of social rehabilitation centres for minors was stepped up in 2004 (with the addition of 163 new centres compared to the year 2002). The Committee also notes the Government’s information that in recent years, the Russian law enforcement authorities have been collaborating closely with organizations which help victims of violence. For example, the National Central Office of Interpol receives information from crisis centres on cases of unlawful detention and sexual exploitation abroad of Russian women, including under-age girls. The Committee requests the Government to continue to provide information on effective and time-bound measures taken to assist child victims of trafficking and to provide for their rehabilitation and social integration.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that the Russian Federation is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also notes that the Russian Federation has ratified the United Nations Convention against Transnational Organized Crime and its supplementary Protocols against Smuggling of Migrants by Land, Sea and Air, as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. 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, in particular, on the issue of combating the trafficking of children.

2. Regional cooperation. The Committee notes the Government’s information that since 1998, joint operations have been under way with the countries of the Council of Baltic Sea States with a view to preventing cross-border smuggling of children. Under the auspices of that body’s executive committee, so-called “contact officers”, including some from the Russian Ministry of Internal Affairs, are dealing with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation. Following a decision by the Interpol Operative Committee for the Baltic Sea States, available data on the cross-border smuggling of children for the purpose of prostitution is being analysed and the principal trafficking routes are being mapped. The Committee asks the Government to continue to provide information on regional cooperation with the countries of the Council of Baltic Sea States with a view to preventing cross-border trafficking of children.

The Committee is also addressing a direct request to the Government concerning other detailed points.