Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Fédération de Russie (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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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 while child trafficking is prohibited in law (pursuant to section 127.1 of the Criminal Code), it remains a source of serious concern in practice. In this regard, the Committee noted that, according to the International Trade Union Confederation, thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and United States. Internal trafficking within the Russian Federation is also reportedly taking place and cases have been confirmed of children being trafficked for sexual exploitation. The Committee also noted that, according to the report of 24 January 2007 of 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, for exploitation in street vending, domestic labour, agriculture, dancing, employment as waiters/waitresses or for the provision of sexual services.

The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 10 August 2010, expressed concern at the high prevalence of trafficking in the country, which had increased more than sixfold during the reporting period. The CEDAW also noted with concern that the Russian Federation is a source, transit and destination country for trafficking and expressed regret regarding the lack of disaggregated data on the number of victims of trafficking, including minors (CEDAW/C/USR/CO/7, paragraph 26). Moreover, the Committee noted that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 June 2011, expressed concern about continued reports of trafficking in women and children for sexual exploitation and abuse (E/C.12/RUS/CO/5, paragraph 23).

The Committee notes the information in the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29), that, in 2012, 70 offences under section 127.1 of the Criminal Code were reported; 58 persons were found to have committed these offences; and 92 persons were identified as victims of trafficking of which 21 persons were minors. During the first four months of 2013, five cases of human trafficking were recorded and five persons were found to have committed these offences. The Committee notes with concern that while the trafficking of children remains to be a serious problem in practice, the number of recorded cases of trafficking of children reported is very low. In this regard, the Committee requests the Government to step up its efforts to ensure the elimination of the sale and trafficking of children and young persons under 18 years of age in practice, by ensuring that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the sale and trafficking of children.

Article 7(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 that Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference called on the Government to take the necessary measures to ensure the adoption of the draft Law on combating human trafficking, which was under discussion and which aimed to establish appropriate measures to ensure the legal protection and social rehabilitation for victims. Noting that the Human Rights Committee, in its concluding observations of 24 November 2009, expressed concern at the notable lack of recognition of the rights and interests of trafficking victims in the counter-trafficking efforts of the Government (CCPR/C/RUS/CO/6, paragraph 18), the Committee requested the Government to strengthen its efforts to provide for the removal, rehabilitation and social reintegration of child victims of trafficking.

The Committee notes from the Government’s report under Convention No. 29 that the Programme of Cooperation for 2011–13 adopted by the member states of the Commonwealth of Independent States (CIS), has introduced measures to assist victims of human trafficking. The report further indicates that a draft Programme of Cooperation 2014–18 among the members of the CIS is currently being prepared. The Committee requests the Government to provide information on the concrete measures taken within the framework of the Programme of Cooperation for 2014–18 of the CIS to provide assistance to child victims of trafficking and the results achieved in terms of the number of children who have been provided with assistance. The Committee further requests the Government to take immediate steps to ensure that the draft Law on combating human trafficking is adopted in the very near future to ensure the provision of legal protection and social integration services to child victims of trafficking.

Article 8. International cooperation and assistance. The Committee notes from the Government’s report under Convention No. 29 that the Programme of Cooperation of CIS has emphasized the need to join forces to increase the effectiveness of cooperation with non-governmental and international organizations. The Government’s report further indicates that the internal affairs agencies of the Russian Federation are continuously involved on a range of operational and preventive measures with the law enforcement bodies of foreign states in order to combat human trafficking. The Committee notes the Government’s statement that this interaction has resulted in more efficient handling of incidents of international human trafficking. In this regard, the Committee notes the information provided by the Government on the investigations carried out by the Russian Ministry of Internal Affairs, together with the National Security Agency of Russia’s Interpol arm, and the Office of the Russian Ministry for the Far East Federal Circuit with the law enforcement agencies of Greece, Malta and the Republic of Moldova. These investigations resulted in the release of 300 young women who had been trafficked from Russia to Greece for sexual exploitation and the arrest of 19 members of a transnational group; eight criminal prosecutions against the members of a transnational group involved in trafficking of women to Malta; and the arrest of two Moldovan citizens for trafficking six Moldovan women to Moscow. While taking note of the measures taken by the Government, the Committee strongly encourages the Government to strengthen its international cooperation efforts to combat and eliminate the trafficking of children. It requests the Government to provide information on specific measures taken in this regard within the framework of the Programme of Cooperation of the CIS and other initiatives, and on the results achieved.

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