Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (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.