Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

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

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

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

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

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

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

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

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

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

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

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