Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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