Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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