Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C182

Demande directe

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Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Trafficking and commercial sexual exploitation of children. The Committee previously noted in the Government’s report that the National Strategy of Prevention and Suppression of Trafficking in Persons, Especially Women and Children 2013–18 (the National Strategy 2013–18) and the Action Plan for its implementation had been developed and were expected to be adopted shortly. The Committee also noted that the Draft Action Plan to Prevent and Protect Children from Exploitation for Pornography through Abuse of Information and Communications Technology 2012–14 was developed, which would also put into operation the National Strategy for the Prevention and Protection of Children from Trafficking and Exploitation in Pornography and Prostitution 2012–16.

The Committee notes that the Government does not provide any information in its report on this point. However, the Committee notes from the Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia of January 2014 (GRETA(2013)19, paragraph 20) that the National Strategy for the Prevention and Protection of Children from Trafficking and Exploitation for Prostitution and Pornography has been integrated into the National Strategy 2013–18, which includes specific protection and assistance measures for children. The Committee also notes in the Report submitted by Serbia on measures taken to comply with the Committee of the Parties Recommendation on the implementation of the Council of Europe Convention on Actions against Trafficking in Human Beings of 19 May 2016 (CP(2016)8, page 3) that the National Strategy for Prevention and Suppression of Human Trafficking, Especially Women and Children 2016–22 and the Action Plan for 2016–17 have been developed for adoption and are awaiting the positive opinion of the Ministry of Finance regarding the planned budget. The Committee therefore urges the Government to undertake the necessary measures to ensure that the National Strategy for Prevention and Suppression of Human Trafficking, Especially Women and Children 2016–22 and its action plan are adopted in the near future, and to provide information on their implementation once adopted.

Article 7(2). Effective and time-bound measure. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that a Centre for the Protection of Victims of Human Trafficking (the Centre) was established in 2012. The Centre is responsible for both identifying and assessing the status of the victims of human trafficking and comprehensively coordinating with all national and local entities, such as social service centres (SSC) and other bodies and institutions providing social services to victims of human trafficking. Furthermore, a manual as well as a set of guidelines for professional staff of social services on how to deal with victims of human trafficking and to provide protection and assistance has been developed. The Committee also noted that out of the 79 victims of human trafficking identified by the Centre in 2012, 33 were children below the age of 18 years, including 27 girls and six boys. Most of the children were reunited with their families, and some others assigned to temporary guardians and then repatriated to their country of origin. The Committee further noted that according to the data provided by the National Social Security Institute, in 2012, 44 child victims of trafficking under the age of 18 years were registered in the SSCs and benefited from their services.

The Committee notes the Government’s information in its report that, in 2015, according to the data from the Centre for the protection of victims of trafficking, 24 child victims were identified, including 18 girls and six boys. The Centre also coordinates with competent partners to provide systematic support on health and education to child victims. However, the Committee also notes the Government’s indication that, despite the various shelters and accommodation available, there are no specialized shelters for child victims of trafficking, and they are often placed in one of the institutions of social protection, usually an institution for children without parental care. Moreover, the shelter which should have been operating with the Centre is still not operative. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been removed and provided assistance by the Centre and other social service institutions. The Committee also requests the Government to continue taking the necessary measures to strengthen the capacity of the Centre and other social service institutions for the social integration and rehabilitation of child victims of trafficking, and to provide information on any progress made regarding the establishment and operation of specialized shelters.

Clause (d). Identifying and reaching out to children at special risk. Street children, especially Roma children. The Committee previously noted that, the Government had undertaken various measures to improve the situation of the Roma community, including in the areas of employment, education, housing and health. The Ministry of Labour, Employment and Social Policy also created positions for two Roma inclusion advisors in its department so as to ensure that the strategy to improve the position of the Roma and its associated action plan are implemented efficiently. Moreover, a network to protect children’s rights in the Roma community was set up by local authorities. The Committee also noted that, SSCs in the local community were charged with assisting and supporting children and young people and providing basic protection for the rights and interests of children, including Roma children.

The Committee notes the Government’s information that, in January 2015, the Ministry of Labour, Employment, Veteran and Social Affairs drafted an action plan for providing protection and support for children living and working on the street, most of them Roma children, which is primarily related to the programme of increased intensive treatment (IIT programme). The IIT programme has been carried out for 12 years at the Institute for Children and Youth in Belgrade, targeting children under 14 years of age with extreme psycho-physical difficulties. Out of 209 boys who have undergone this treatment, 190 of them were involved in the education process, and none had returned to the street, fled the treatment or committed criminal offences. The Committee also notes that, two licensed inns for children living and working on the street are in operation. The Committee further notes that the Strategy for Social Inclusion of Roma 2016–25 was adopted on 3 March 2016, which covers five priority areas, namely education, housing, employment, health and social protection, aiming to improve the social inclusion of Roma both at national and local level by a systematic and comprehensive way. While taking due note of the measures taken by the Government, the Committee encourages it to continue its efforts to protect street children, especially Roma children, from the worst forms of child labour. The Committee also requests the Government to continue providing information on concrete initiatives implemented in this regard and on the results achieved through these measures, particularly the number of street children who have been provided with educational and vocational training opportunities.

Application of the Convention in practice. Trafficking and commercial sexual exploitation. The Committee previously noted that according to the statistics of the National Public Prosecutor’s Office for 2012, 71 cases under section 388 of the Criminal Code related to the trafficking of minors were registered in 2012 and ten cases in 2013. There were 69 requests for investigation resulting in 56 indictments and in 29 cases prison sentences were handed down while three suspended sentences were also pronounced. Furthermore, concerning the application of section 185 of the Criminal Code relating to the display, acquisition and possession of pornographic materials and pornographic abuse of under-aged persons, the Committee noted from the Government’s report that in 2012 and in 2013, six cases were detected. There were 20 requests for investigation, 17 proceedings were launched and in ten cases prison sentences were handed down.

The Committee notes from the written replies of the Government to the list of issues in relation to the second and third periodic reports to the Committee on the Rights of the Child (CRC) of November 2016 (CRC/C/SRB/Q/2-3/Add.1, table 28) that from 2014 to 2015, eight cases of abduction of minors under section 134 of the Criminal Code were reported, while no case was detected in the first half of 2016. The Committee notes the absence of information on the number of child victims of trafficking involved in the cases filed under section 388 of the Criminal Code, as well as on the application of section 185 regarding the use of children in pornography. The Committee therefore requests the Government to provide information on the application of sections 388 and 185 of the Criminal Code in relation to children under 18 years of age, including the number of investigations, prosecutions, convictions and penalties applied.