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Comments adopted by the CEACR: Serbia

Adopted by the CEACR in 2021

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the entering into force on 1 August 2009 of the Law on Foreigners 2008 which regulates the entry, movement and stay of foreigners in the territory, and the Law on Employment and Unemployment Insurance that regulates, inter alia, the employment of nationals abroad (sections 95 to 100). The Committee further notes from the Government’s report that the draft Law on Employment of Foreign Citizens, which will replace the Law on Conditions for Employment of Foreign Citizens, as last amended by 2005, was submitted to Parliament in 2012 and has not been adopted yet. The Committee notes the Migration Management Strategy adopted in July 2009 which defines the elements of the migration policy and establishes the institutional framework for its implementation. The Strategy aims at establishing and implementing mechanisms for a comprehensive and consistent monitoring of migration flows; harmonizing migration management with EU standards; and protecting the rights of migrants and creating the conditions for their social inclusion. The Committee requests the Government to continue to provide information on any legislative developments regarding labour emigration and immigration, including on the adoption and the content of the Law on Employment of Foreign Citizens. The Committee also asks the Government to provide information on the measures taken to implement the Migration Management Strategy of 2009, including with respect to the protection of migrant workers’ rights and, in particular, women migrant workers.
Migration flows and bilateral or special agreements. The Committee notes from the Government’s report that the number of work permits issued to foreigners who have temporary residence from 2009 to 2011 was stable, ranging from 2,490 to 2,573, and the permits were mainly issued to nationals from China (catering and trade), the Russian Federation (oil industry and banking), Bosnia and Herzegovina and the former Yugoslav Republic of Macedonia (construction, mining and agriculture), Croatia (offices and stores), Greece (banking and trade), Romania (agriculture), and Germany (industry and banking). With respect to emigration, the Committee understands from the data provided by the Government that in 2011, 511 “agency workers” were employed abroad mainly in the United States. The Committee also notes that, in accordance with section 100 of the Law on Employment and Unemployment Insurance, the National Employment Service (NES) and the employment agencies shall submit to the Ministry notifications on individuals to be employed abroad, including their number, prior to their departure. The Committee requests the Government to continue to supply statistical information, disaggregated by sex, sector of employment and type of residence permit (temporary or permanent), on the number of workers from Serbia employed abroad as well as on the number of foreign workers employed in Serbia.
Articles 2 and 3. Free information services for migrant workers and misleading propaganda. The Committee notes the Government’s indication that seven Migrant Service Centres have been established in various regions within the framework of the NES and they are responsible for providing information, advice and guidance to migrants, potential migrants and returnees under the readmission agreement, and thus reduce the risk of irregular migration. The Committee further notes that the NES and the 56 employment agencies currently conducting activities in Serbia provide information on employment opportunities and working and living conditions abroad as well as rights and obligations at work and rights upon return to work in the country. Noting the Government’s indication that the activities of the NES and the employment agencies are supervised by the Ministry of Economy and Regional Development, the Committee requests the Government to provide information on the measures taken to monitor the information services provided by these bodies as well as the measures taken, including penalties, against misleading propaganda relating to emigration and immigration. Please also provide information on any measures taken or envisaged to combat trafficking in persons, including in cooperation with the governments of other member States. Please indicate whether there exist specific information services targeting women migrant workers and their families.
Article 6. Equality of treatment. The Committee notes that the Government refers to the Law on Employment and Unemployment Insurance that provides for equal treatment of persons employed abroad (section 97). It also refers to the Labour Law that applies to foreign workers “unless otherwise specified” (section 2(3)) and prohibits direct or indirect discrimination on the basis of sex, origin, language, race, colour, age, pregnancy, health, disability, national origin, religion, marital status, family responsibilities, sexual orientation, political or other opinions, social origin, property, membership of a political organization or a trade union, or any other personal characteristics (section 18). The Committee requests the Government to specify any exceptions under section 2(3) of the Labour Law which would authorize different treatment of migrant workers with respect to the matters enumerated in Article 6(1)(a)–(d). Furthermore, noting that the list of prohibited grounds of discrimination includes “national origin” and refers to “any other personal characteristic”, the Committee requests the Government to provide full information on the measures taken to ensure that in practice no less favourable treatment is being applied to migrant workers lawfully residing in the country, including those employed with a “work permit for employment” or “work permit for special cases of employment”, than that which applies to nationals with respect to terms and conditions of work, including remuneration, membership of trade unions, accommodation, as well as concerning social security, taxes and access to legal proceedings, in accordance with Article 6(1)(a) to (d) of the Convention. Please provide information on any cases of unequal treatment of migrant workers brought to the attention of labour inspectors or any other competent authorities or detected by them, including on the sanctions imposed and the remedies provided.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee recalls that security of residence for permanent migrants and members of their families in the case of ill health or injury constitutes one of the most important provisions of the instrument, and is concerned that, in cases where this is not effectively applied, permanently resident migrants may thus find themselves living under the constant threat of repatriation (see General Survey on migrant workers, 1999, paragraph 608). The Committee notes that the Government’s report contains no information in reply to its previous comments in this respect and therefore it remains unclear whether the provisions of Article 8 of the Convention are applied. The Committee asks the Government to indicate the legal provisions regulating the situation of migrant workers and their family members admitted to Serbia on a permanent basis when the migrants are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry, and to specify the measures taken to ensure that the right of residency of permanent migrants is effectively maintained in the event of incapacity for work.
Parts III to V of the report form. Practical application and enforcement. The Committee refers to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

C156 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. National policy. The Committee previously requested information on the practical application of the Law on Gender Equality of 2009 with respect to promoting an equitable sharing of family responsibilities between men and women. The Committee notes that, in its report, the Government indicates that the principal legislative measures for the protection of workers with family responsibilities, in addition to the Law on Gender Equality (Law No. 104/09), are set forth in the Rulebook on the Content and Manner of Submission of the Plan of Measures for Elimination or Mitigation of Unequal Gender Representation and the Annual Report on its Implementation (Law No. 89/10). The Government adds that a gender equality index was developed in February 2016 and gender-responsive budgeting introduced by the Budget System Law in December 2015. In addition, within the context of a new Strategy for Gender Equality 2016–20 and its Action Plan for the period 2016–18, the Government plans to adopt measures enabling equal participation of parents in family responsibilities (objective 2.1). Noting the adoption of a new Action Plan for Achieving Gender Equality (2013–17), the Committee invites the Government to provide information on the practical measures taken to implement the Plan, in particular to enable men and women with family responsibilities to work, or for those who wish to work, to exercise their right to do so without conflict between their work and family responsibilities, and the results achieved.
Article 4. Leave entitlements. Recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which employees with family responsibilities make use of the leave entitlements and reduced working hours, including under sections 77 and 91–100 of the Labour Code.
Maternity leave. The Committee recalls that the father of a child is entitled to “maternity” leave (three months after childbirth) under sections 94(3) and 94a(1) and (2) of the Labour Code only if the mother dies, abandons a child, or is prevented from caring for the child due to other justified reasons, or if she is unemployed (section 94(5) and 94a(4)). It takes due note of the Government’s indication that the right to “maternity” leave is primarily provided to women with the aim of facilitating their physical recovery from childbirth and that, after the three months, pursuant to section 94(4) and (6), it is for the parents to decide who will use the remaining leave for nursing a child (nine months). The Committee asks the Government to provide statistics, disaggregated by sex, on the number of employees who make use of the entitlements relating to “maternity” leave, and the entitlements relating to leave for nursing a child, of the Labour Code.
Article 5. Childcare and family services and facilities. Noting that the Government’s report does not contain any information in reply to its previous comments concerning measures taken or envisaged to assist workers with family responsibilities with childcare and family services and facilities, the Committee once again asks the Government to provide information on: (i) the number and nature of community childcare and family services and facilities available to men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities who avail themselves of childcare and family services, disaggregated by sex.
Article 6. Information and education. Noting that the Government’s report does not contain any information in reply to its previous comments, the Committee once again asks the Government to indicate the authorities and bodies responsible for the promotion of information and education on equality between men and women workers and workers with family responsibilities, and to provide specific information on the action taken to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.
Article 7. Integration in the labour market. The Committee previously asked the Government to indicate the extent to which workers with family responsibilities benefit from the programmes for additional education and training or from any measures taken under the National Employment Strategy 2011–20 (No. 37/11). It had also asked the Government to provide statistics on the number of employees who have returned to work after taking “maternity” leave or leave for childcare. In its report, the Government indicates that, in the context of the National Employment Strategy and National Action Plan for Employment for 2015 (No. 101/14 and 54/15), women’s employment is promoted through equal opportunity policies and measures. According to the National Employment Service, the active employment policy measures in 2015 targeted 150,953 unemployed persons, of which 79,631 or 52.75 per cent were women, and 5,013 of them were involved in education and training programs. However, workers with family responsibilities were not beneficiaries of education and training programmes or any other active employment policies. With regard to statistics relating to employees who have returned to work after taking “maternity” leave or leave for childcare, the Government indicates that no data exist as the employer has no obligation to provide such information to the Ministry of Labour. Taking due note of the information provided by the Government, the Committee wishes to recall the importance of gathering statistical information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. Consequently, the Committee encourages the Government to indicate the extent to which workers with family responsibilities, particularly women, benefit in practice from the programmes for additional education and training, or from any measures taken under the National Employment Strategy (2011–20). It also invites the Government to consider, jointly with the social partners, how it can gather statistical information on the number of employees who return to work after taking “maternity” leave or leave for childcare.
Article 9. Collective agreements. The Committee recalls that it had asked the Government to provide information on the practical application of the provisions in the special collective agreements (at the company level) aimed at assisting workers in reconciling their work and family responsibilities. The Government indicates in its report that, in accordance with the Law on Amendments to the Labour Law (Law No. 75/14), which entered into force on 29 July 2014, all collective agreements ceased to have effect on 29 January 2015. It also indicates that most of the new collective agreements regulate paid leave in specific situations, including childbirth, adoption of a child, serious illness of a close family member, or unpaid leave, including care for a sick family member. In addition, some collective agreements provide that an employed pregnant woman, an employed parent with a child under 3 years of age, or a self-supporting parent with a child not older than 7 years of age or with a child with a serious disability, may work overtime and/or at night only with their consent in writing. The Government also indicates that collective agreements concluded at the company level do not need to be registered with the Ministry of Labour, Employment, Veteran and Social Policy and, therefore, no data exist. The Committee asks the Government to provide samples of collective agreements, which contain equality provisions that could assist workers in reconciling their work and family responsibilities, as well as information on cases dealt with by the labour inspectorate and/or judiciary related to the practical application of those provisions.
Article 11. Cooperation with employers’ and workers’ organizations. Noting that the Government has not provided information on the specific measures taken, including by the Social-economic Council, to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Serbian Association of Employers (SAE) and the Confederation of Autonomous Trade Unions of Serbia (CATUS) communicated with the Government’s report.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that in 2015, 15 criminal charges were filed under section 388 of the Criminal Code on human trafficking, involving 27 offenders and 32 victims. The Committee further noted that from 2012 to 2016, 165 persons were identified as victims of human trafficking, including for the purposes of sexual and labour exploitation. The Committee noted that support provided to victims of human trafficking included legal, financial and in-kind assistance, psychological services and support for integration into the community.
The Committee notes the Government’s information in its report that under section 388 of the Criminal Code on human trafficking, in 2017, there were 18 reports received for investigation, which led to 14 convictions with prison sentences; while in 2018, there were 33 reports received for investigation, which resulted in 19 convictions, including 17 prison sentences. The Government further indicates that in 2019, support was provided in total to 195 victims of human trafficking. In particular, 48 victims of human trafficking were provided with accommodation and 79 witnesses or victims of human trafficking received legal representation by the Centre for Protection of Human Trafficking Victims in court proceedings. The Committee takes note of the opening of the Shelter for Human Trafficking Victims for women and girls over the age of 16 in 2019. The Government indicates that this Centre is in the process of concluding protocols of cooperation with the Centre for Social Work in Leskovac concerning the opening of a shelter for victims of human trafficking, as well as with the City of Novi Sad and the Department for Women’s Entrepreneurship of the Chamber of Commerce and the Industry of Serbia, regarding the provision of employment support for victims of human trafficking.
The Committee notes the indication by CATUS that, despite the measures taken by the Government to combat trafficking in persons, there remains a need to strengthen the capacity of social protection institutions and labour inspection. CATUS also indicates a small number of cases of human trafficking brought under section 388 of the Criminal Code. In this regard, it highlights the need for better training of law enforcement officers on differentiation of human trafficking offences from other similar criminal acts.
The Committee notes the 2017 report of the Group of Experts against trafficking in human beings concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia (paragraph 190) indicating a decreased number of criminal investigations into cases of human trafficking and cases when human trafficking offences were qualified as other offences carrying lesser penalties.
While taking due note of the measures adopted by the Government, the Committee requests it to strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. It also requests the Government to continue providing information on the application of section 388 of the Criminal Code in practice, including the number of prosecutions, convictions and the specific penalties imposed. The Committee further requests the Government to continue providing information on the measures taken to ensure protection and assistance to the victims of human trafficking, including their access to financial compensation.
Article 2(2)(c). Prison labour for private enterprises. The Committee previously noted the Government’s indication that convicted persons shall willingly accept the work, regardless of whether the work is performed inside or outside the institution and that the work of convicted persons is only possible with their consent. The Committee further noted that according to section 8 of the Rulebook of work of a convicted persons (No. 145/2014), the expert team shall propose to the institution’s manager that convicted persons engage in work based on various factors, including the expressed wishes of the convicted persons. According to section 12 of the Rulebook, the recruitment of a convicted person to a third entity shall be performed based on a contract concluded between the institution and a third entity.
The Committee notes the copy of a contract provided by the Government on the recruitment of convicted persons to a third entity and the copies of the written consent of convicted persons to work outside the institution. The Committee notes that the contract includes the provisions on the conditions of work for convicted persons, such as hours of work, rest periods and remuneration. The Committee further notes section 102(a) of the Act on the execution of criminal sanctions (Nos 55/2014 and 35/2019), which sets out that the performance of work by convicted persons outside the institution is subject to approval by a judge, based on the submitted draft contract between the institution and a third entity which determines the conditions of work for convicted persons. The Committee notes the indications of CATUS that in practice, the remuneration received by a convicted person may be less than that foreseen for performance of the same work. The Committee notes that in accordance with section 105 of the Act on the execution of criminal sanctions, remuneration for work received by a convicted person shall be at least 20 per cent of the minimum wage. In paragraph 118 of its 2007 General Survey on the eradication of forced labour, the Committee noted the expressed view concerning the wage levels that “the labour provided by prisoners differs markedly from labour provided in the free market” since “there is frequently no continuity by the prisoner of the work; it may be interrupted by other prison programmes; the length of prison sentences vary considerably; and there may be increased costs in the private companies having to continuously train new prisoners when they commence the work”.

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free entry of labour inspectors to workplaces without prior notice. The Committee previously noted restrictions on the powers of inspectors in the Law on Inspection Oversight, with regard to: (i) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 17, 49 and 60); and (ii) the scope of inspections (section 16). The Committee noted the 2019 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Serbia, which called on the Government to amend sections 16, 17, 49 and 60 of the Law on Inspection Oversight without delay; and undertake the legislative reforms in consultation with the social partners as well as to ensure effective collaboration between the labour inspectorate and the social partners. In this respect, the Committee noted the Government’s reference to consultations held by the Ministry of Labour, Employment, Veteran and Social Affairs with the Ministry of Public Administration and Local Self-Government, which issued the Law on Inspection Oversight, and a tripartite workshop planned for 2020.
The Committee welcomes the Government’s indication in its report that a tripartite workshop took place in February 2020 in Belgrade to follow-up on the conclusions of the CAS, attended by the representatives of the Office of the Prime Minister of Serbia, the Ministry of Labour, Employment, Veteran and Social Policy, the Ministry of Public Administration and Local Self-Government, the labour inspectorate, the Occupational Safety and Health Directorate, the Serbian Association of Employers (SAE), the Trade Union Confederation “Nezavisnost”, and the Confederation of Autonomous Trade Unions of Serbia (CATUS), and including the participation of the ILO. The Committee notes the Government’s reference to the conclusions of the workshop, and notes with interest that among the areas of consensus emerging from the workshop to address the conclusions of the CAS was agreement to establish a tripartite working group to determine the specific form the amendments should take, including whether to amend the Law on Inspection Oversight only, or to develop a specific labour inspection law. The Committee also notes that, according to the Government’s supplementary information under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Ministry of Labour, Employment, Veteran and Social Affairs informed the Social and Economic Council on 4 March 2020 of the results of the tripartite workshop on Conventions Nos 81 and 129. The Committee further notes that section 60(1) of the Law on Inspection Oversight, which provided the possibility of fines on labour inspectors in case of failure to notify the entity subject to oversight of an upcoming instance of inspection oversight in writing, has been amended and deleted. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken to amend the Law on Inspection Oversight, including the establishment of the tripartite working group and the outcomes of its meetings, and on any other steps taken to ensure the appropriate follow-up to the conclusions of the CAS, in consultation with the social partners. The Committee also requests the Government to continue to provide information on the application in practice of Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129, including statistics on the number and nature of inspections undertaken without previous notice (such as in response to occupational accidents, complaints or serious violations).
Articles 3(1)(a) and (b), 7, 10 and 16 of Convention No. 81 and Articles 6(1)(a) and (b), 9, 14 and 21 of Convention No. 129. Adequate number of qualified labour inspectors and inspection visits to ensure the effective application of the legal provisions. The Committee previously noted the decreasing number of labour inspectors since 2016, as well as trade unions’ concerns regarding the insufficient numbers of inspectors and their lack of appropriate conditions and means of work. In this respect, the Committee requested information on measures taken by the Government concerning the implementation of its proposed three-year action plan to hire civil servants carrying out inspections, and of the recommendations of a 2019 analysis of inspection services.
The Committee notes the Government’s indication that the labour inspectorate has 229 labour inspectors for 409,868 registered business entities as of May 2020 (a decrease from 240 labour inspectors for 416,815 registered business entities in 2019), and that the Government states that the labour inspectorate is competent to control those entities’ compliance with labour legislation. The Committee also notes the Government’s reference to the adoption, by Decision of the Government, of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, according to which it is necessary to employ 13 additional labour inspectors in 2020, and 27 more additional labour inspectors in 2021. The Government also indicates that there are currently 38 vacancies for labour inspector posts. The Committee further notes the Government’s indication that all labour inspectors are equipped with laptops and modems for mobile internet, but that the labour inspectorate is poorly equipped with scanners and printers, and needs IT equipment, including new desktop computers. The Committee requests the Government to provide further information on the implementation of the Three-year Action Plan for the employment of civil servants carrying out inspections under the jurisdiction of national inspections, indicating the specific number of additional labour inspectors hired. The Committee also requests the Government to take the necessary measures to ensure that the labour inspectorate offices are suitably equipped. In this respect, it requests the Government to indicate any measures taken or envisaged to improve the material means placed at the disposal of labour inspectors and to address the deficiencies in IT equipment identified.
The Committee is raising other matters in a request addressed directly to the Government.

C094 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 7 November 2018 and the observations of the Serbian Association of Employers (SAE), received on 31 August 2017. The Committee requests the Government to provide its comments in this respect.
Articles 1 and 2 of the Convention. Application in practice. Part V of the report form. The Committee welcomes the Government’s first report on the application of the Convention and the legislative texts attached. With respect to implementation of the Convention’s provisions, the Government indicates that a working group was established and charged with preparing a preliminary register (a so-called white and blacklist) of companies and other organisations operating in the fields of design, construction and supervision of transport infrastructure (Decision: 119-01-00309/2014-01 of 2 October 2014). The working group has also established and developed a Scorecard, updated quarterly, which ranks the companies and other organisations on the register, on the basis of, among other things, their compliance with legal and contractual obligations towards their employees. In its observations, the CATUS maintains that the Convention is not applied in practice, indicating that certain businesses in the road transport industry and their subcontractors do not pay wages to their employees regularly and do not pay social insurance contributions. The CATUS also alleges that the regulations applicable to the construction sector governing working hours and working conditions on construction sites are not respected. The Committee notes that, in 2017, the CATUS organised and carried out unannounced labour inspections throughout Serbia, particularly with regard to employment relations and occupational health and safety on construction sites. The CATUS carried out some 247 inspections on construction sites in the country which found that, of 1,134 workers on the sites inspected, 181 (16 percent) of them were working without employment contracts or social insurance. The Confederation adds that, on certain construction sites, unregistered workers fled the workplace when the inspectors arrived, out of fear that they would lose their jobs. The CATUS indicates that the labour inspectors estimated that more than 100 persons fled the inspected construction sites. They found that some of the employers concerned do not respect working hours and do not pay taxes or contributions for social insurance. In its observations, the SAE expresses the view that, while the Convention provides for the protection of workers and suppliers its provisions penalise local companies. The SAE submits that, if local companies respect the provisions of the Convention, they will not be able to compete with foreign bidders, considering that the latter are frequently in a more advantageous position in tender procedures, as they are not necessarily bound by the same standards as those that apply to local companies. The SAE submits that, as a consequence, foreign bidders often prevail in the bidding process. It alleges that these foreign bidders then subcontract local companies and often blackmail them. In addition, on occasions, the foreign companies fail to pay the wages due, but rather take the profits and leave. The SAE further observes that the Convention, if fully applied, has the potential to protect not only workers, but also local businesses and companies by excluding certain “favoured” bidders from the bidding process, where they do not respect the social rights of workers. The SAE indicates, however, that the Government is not yet planning to apply the provisions of the Convention. The Committee notes that the Government provides no precise information regarding the manner in which the main provisions of the Convention are given effect. In this regard, the Committee draws the Government’s attention to its 2008 General Survey on Labour clauses in public contracts, paragraphs 19 to 22, in which the Committee noted that Convention No. 94 covers three main subjects: (i) the types of public contracts that should contain labour clauses; (ii) the content of labour clauses and the means for determining such content at the national level; and (iii) the methods for enforcing the terms of labour clauses. First, with regard to the types of contracts to which labour clauses should apply, the Convention establishes that labour clauses should be inserted in contracts awarded by central public authorities not only for certain construction works, but also for the manufacture of goods, shipment of supplies and equipment, or the supply of services. It provides that such labour clauses should also apply to subcontractors. Second, as regards the content of labour clauses, the Convention provides that they should ensure to the workers concerned wages, hours of work and other conditions of labour which are not less favourable than those established by collective agreement, arbitration award, or national laws, for work of the same character in the trade or industry concerned in the district where the work is performed. Third, in respect of enforcement measures, the Convention requires the establishment and maintenance of an adequate system of inspection, as well as the imposition of specific remedies and sanctions to ensure compliance with the terms of labour clauses. As the Committee pointed out in paragraph 176 of its 2008 General Survey, the Convention has a very simple structure, with all of its provisions being articulated around and directly linked to the core requirement of Article 2(1): the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. The Committee requests that the Government take all necessary measures to ensure that: (i) the public procurement legislation provides for the insertion of the labour clauses required under Article 2 of the Convention in all public contracts, whether these are contracts for construction works, the manufacture of goods or supply of services; (ii) the terms of the labour clauses are determined after consultation with the employers’ and workers’ organizations concerned; and (iii) the labour clauses are brought to the knowledge of tenderers by including them in tender documents. The Committee requests that the Government keep the Office informed of measures taken or envisaged to give full effect to the provisions of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard, should it wish to do so.

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Public Assembly Act. The Committee previously noted that section 15 of Public Assembly Act No. 51/92 provided for penalties of imprisonment for a maximum of 60 days on organizers of a public assembly who did not take the measures to maintain order in the assembly, who did not submit an application to the Ministry of Interior at least 48 hours prior to the scheduled beginning of the assembly, or who held an assembly regardless of a ban issued under the Act. The Committee noted that provisions requiring the granting of prior authorization for meetings and assemblies at the discretion of the authorities, where violations can be punished by sanctions of imprisonment involving compulsory labour, are not compatible with the Convention.
The Committee notes with satisfaction the adoption of Act No. 6 on public gatherings on 26 January 2016 which only provides for fines and not for penalties of imprisonment in sections 20–22 within applicable penal sanctions. The Committee also notes that Public Assembly Act No. 51/92 was repealed by the Decision of the Constitutional Court of the Republic of Serbia No. IUz-204/2013 on 23 October 2015.
The Committee is raising other matters in a request addressed directly to the Government.

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and for participating in strikes. The Committee previously noted that penalties of imprisonment (involving compulsory labour) may be imposed for the offence of causing panic or serious disruption of public peace and order, including acts committed through the media or at public gatherings (pursuant to section 343 of the Criminal Code) and for instigating national, racial and religious hatred and intolerance (section 317 of the Code). The Committee observed that these provisions of the Criminal Code provide for penal sanctions in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee also noted that, pursuant to section 167 of the Criminal Code, persons organizing or leading an unlawful strike shall be punished with imprisonment of up to three years, if the strike endangers, inter alia, “property of considerable extent” or if grave consequences result therefrom. It therefore recalled that Article 1(a) and (d) of the Convention prohibits the imposition of a prison sentence, involving compulsory labour, as a punishment for holding or expressing political views or for peacefully participating in a strike. The Committee noted the Government’s indication that the work of a convicted person is voluntary and that according to section 8 of the Rulebook on work of a convicted person (No. 145/2014), the expert team shall propose to the manager of the institution convicted persons’ participation in work based on defined levels of risk, mental and physical health or professional qualification, expressed wishes of the convicted persons and the capacities of the institution. The Committee requested the Government to indicate whether, according to section 11 of the Rulebook, the work that may be performed by a convicted person for no more than two hours for the maintenance of hygiene and other current work in the institution is voluntary.
The Committee notes the Government’s indication in its report that convicted persons may be hired to work in or outside the institution only if they give their consent, confirmed in a written statement. The Government further indicates the absence of any consequences for a convicted person who does not want to perform work and that he/she may decline to work at any time, despite previously giving consent. The Committee notes the copies, provided by the Government, of the documents containing the written consent of convicted persons to perform work.

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(1)(a) and (b) and (2) of Convention No. 81 and Article 6(1)(a) and (b) and (3) of Convention No. 129. Action against undeclared employment and enforcement of the legislation relating to the protection of workers. The Committee previously noted the 945 joint inspections by the labour inspectorate and other authorities involved in the Working Group for Combating Informal Employment in 2018, during which labour inspectors identified 364 persons in irregular work situations. Concerning the Committee’s request for statistics in this regard, the Committee notes the Government’s statement in its report that, following measures taken by the labour inspectors, a formal employment relationship was established for 233 workers out of those 364 persons. The Committee also notes the Government’s indication that, in 2019, employers entered into employment relationships with 10,167 persons out of 12,938 persons found to be working informally (79 per cent), following measures undertaken by labour inspectors. The Committee notes the Government’s indication that the employers applied for compulsory social insurance for all of those 10,167 persons, and that these employees were paid wages and social insurance contributions starting from the date of their contracts. The Committee notes that, according to the information in the Annual Labour Inspection Report 2019, labour inspectors continue to undertake joint inspections in the context of this working group. Noting this information, the Committee requests the Government to continue to provide information on the number of instances where, following a joint inspection, a formal employment relationship was established for workers found to be in an irregular situation.
Articles 4, 7, 11 and 16 of Convention No. 81 and Articles 7, 9, 15 and 21 of Convention No. 129. Organization and effective functioning of the labour inspection services under the supervision and control of a central labour inspection authority. The Committee previously noted the establishment of a single information system for inspection, e Inspector, which aims to ensure better coordination between different inspectorates, improve planning and access to data, and allow a better monitoring of cases, including by the Coordinating Commission (a body established under the Law on Inspection Oversight to, among other things, avoid overlap and unnecessary duplication of inspections). In this respect, the Committee requested information on the influence of the Coordinating Commission on the organization of the activities of the labour inspectorate, and the impact of the e-Inspector system. The Committee notes the Government’s indication in this regard, that the e-Inspector system covers 42 inspectorates, in addition to labour inspection. The Committee also notes the information provided in the Annual Labour Inspection Report 2019 regarding the objectives and the improvements that the e-Inspector system can bring in terms of efficiency, effective planning, and data management by labour inspectors. Taking into account that the e-Inspector system covers 43 inspectorates, the Committee requests the Government to provide further information on any impact that the Coordinating Commission and the e-Inspector system have on the organization of the labour inspectorate’s activities in practice, such as its inspection priorities, the workplaces it chooses to inspect, and the number of inspection visits undertaken. Observing once again an absence of information in this respect, the Committee requests the Government to indicate any labour inspection functions that have been assigned to bodies of autonomous provinces and local self-government bodies.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between the labour inspection services and employers and workers (at the enterprise level and in the agricultural sector). The Committee previously noted the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) regarding the lack of cooperation with social partners during inspections, and indicating that cases where labour inspectors invite trade union representatives to be present during inspections are rare. In response to the Committee’s request for information on measures taken to promote collaboration, the Committee notes the Government’s reference to multiple inspections and joint inspections with other inspection services, such as the Tax Administration, undertaken in the period 2016–19 in coordination with trade unions, including CATUS. The Committee also notes the Government’s statement that the labour inspectorate is always open for cooperation with trade union representatives, for exchange of information and data, as well as for the presence of trade union representatives during inspections. The Committee requests the Government to continue to provide information on measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations.
Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Freedom of labour inspectors to enter at any hour of the day or night any workplace liable to inspection. The Committee previously requested information on circumstances in which, pursuant to section 19 of the Law on Inspection Oversight, labour inspectors provided with proper credentials are empowered to conduct inspections outside of working hours. In this respect, the Committee notes the Government’s reference to section 64(1) of the Law on Safety and Health at Work, as amended, which stipulates that, for the purpose of inspection, the employer shall provide access to buildings and rooms to the labour inspector, at any time when there are employees working. The Committee also notes the Government’s indication that labour inspectors can conduct inspections outside working hours without previous notice and without an inspection warrant in the case of certain work injuries. In addition, the Committee notes that section 19(2) of the Law on Inspection Oversight, as amended, allows for inspections outside of working hours to verify an entity’s compliance with prescribed working hours. The Committee notes in this regard that the Annual Labour Inspection Report 2019 contains information regarding inspections conducted at night on compliance with both labour law and occupational safety and health law, including at construction sites. The Committee takes note of this information.
Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspectorate. The Committee previously noted the Government’s indications regarding various difficulties regarding the notification of occupational accidents and diseases to the labour inspectorate. In response to its request on measures to address those difficulties, the Committee notes the Government’s statement that the labour inspectorate established cooperation with the Ministry of Interior, Police Administration and Centre for Notifications and Whistleblowing, as concerns the notification of injuries at work to the labour inspectorate. The Government indicates that those bodies provide such notifications regularly. The Committee also observes that the Annual Labour Inspectorate Report 2019 continues to note difficulties in relation to the reporting of occupational accidents and diseases, including in relation to: (i) the non-compliance of employers with legal requirements to report occupational accidents and diseases; and (ii) different methodological approaches to the registration, processing and evaluation of the data on occupational injuries. In this respect, the Committee notes that, according to the Annual Labour Inspection Report 2019, no cases of occupational diseases were notified to the labour inspectorate in 2019. The Committee requests the Government to continue to provide information on any measures taken to mitigate the difficulties identified by the Government with a view to strengthening the system for notifying occupational accidents and diseases to the labour inspectorate. The Committee also requests the Government to provide further information on the impact of measures taken to mitigate those difficulties.
Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of complaints. The Committee previously noted that, according to CATUS, inspectors frequently invite complainants to be present during inspections with the employer, which reveals the complainant’s identity. In response to its request for information on measures to ensure the confidentiality of the source of complaints in practice, the Committee notes the Government’s indication that labour inspectors do not invite the person who lodged the complaint to be present during inspections, precisely so that their identity is not revealed. The Committee notes the Government’s statement that the person who lodged the complaint can be present during the inspection only at their own explicit request. The Committee takes note of this information.
Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129. Effective enforcement and adequate penalties. The Committee previously noted limitations to the powers of inspectors to initiate enforcement measures pursuant to sections 27(1) and (5) and 42(3) of the Law on Inspection Oversight. The Committee notes the Government’s statement, in response to the Committee’s previous request, that, where employers do not act upon preventive measures prescribed by labour inspectors within the set deadlines, labour inspectors issue a decision ordering such employer to remove the detected irregularities, and file a misdemeanour charge. The Committee notes that, according to the Government, labour inspectors filed 978 motions for misdemeanour proceedings in 2019, following preventive measures not respected before the set deadline. The Committee also notes that, according to the Annual Labour Inspection Report 2019, there were 6,807 motions for the institution of misdemeanour proceedings in 2019 (an increase from 6,538 motions for misdemeanour proceedings noted in 2018), including 5,306 in the area of employment and 1,444 in the field of occupational safety and health (OSH). The Committee requests the Government to continue to provide information on the proportion of misdemeanour motions that were filed following preventive measures prescribed by inspectors and the possibility to remediate, including information on the average time set for deadlines to undertake preventive measures, and the average time that, following deadlines not being met, misdemeanour motions are filed.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee welcomes the Annual Labour Inspection Report 2019, transmitted to the ILO by the Government, and containing information on the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to continue to publish and communicate the annual reports of the labour inspectorate to the ILO, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 4 and 9(3) of Convention No. 129. Scope of labour inspection in agriculture and training. In response to its previous request for information on training specific to the agricultural sector, the Committee notes the information provided by the Government on training provided to labour inspectors in the context of the EU Twinning project “Support and improvement of occupational safety and health and labour inspection in the Republic of Serbia” (2019–21). In this regard, the Committee welcomes the Government’s indication that 17 labour inspectors participated in a four-day training of trainers, in January 2019, which included a topic on “Occupational health and safety measures and inspection oversight in agriculture”. The Committee also notes the Government’s indication that the organization of trainings for all labour inspectors is planned for the upcoming period. The Committee requests the Government to continue to provide information on any trainings provided to labour inspectors specific to the agricultural sector, including their frequency, content, and the number of participants. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Confederation “Nezavisnost”, transmitted by the Government together with its 2019 report. It also notes the observations of the CATUS, transmitted by the Government together with the supplementary information in 2020.
Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes that, following the recommendations and the report of the Conference Committee at its 107th Session in June 2018, a tripartite workshop on the application of Convention No. 144 was held on 25 January 2019, with technical assistance from the ILO. The workshop was attended by representatives of trade unions and employers’ associations as well as the Secretary of the Social and Economic Council of the Republic of Serbia (SEC). It was agreed at the workshop that issues concerning the preparation of the delegation of Serbia for its participation at the International Labour Conference (ILC) would be addressed in person through tripartite consultations in the SEC to be held at least two times a year (before and after the ILC), in addition to issues dealt with through written communications . In this context, the Government indicates that the composition of the delegation and the platform for its participation will be discussed in person as a separate item to be placed on the agenda of the SEC. It adds that the consultations held during the SEC sessions will also address all other matters of relevance to cooperation with the ILO, including: replies to questionnaires; recommendations submitted to the competent authorities with regard to the submission of ILO Conventions and Recommendations in compliance with article 19 of the ILO Constitution; re-examination and review at regular intervals of unratified Conventions and Recommendations not yet given effect to examine the measures to be taken, if any; issues that have arisen from the obligation of submission of national reports in compliance with article 22 of the ILO Constitution; and those concerning the proposed abrogation of ratified Conventions. The Government also reports that, on 25 September 2018, the SEC organized an Information Day at the National Assembly where discussions focused on, inter alia, strengthening social dialogue and building the capacities of the SEC and the social partners. The Committee notes that the SAE affirms that, during 2018 and the first half of 2019, tripartite consultations were held within the SEC with regard to different economic and social topics, which were formalized by the adoption of conclusions. The SAE argues, however, that the said conclusions were not implemented by the responsible national institutions. In this regard, the SAE emphasizes that the SEC, is the highest national institution of social dialogue and a legal platform, whose initiatives must be respected by the competent institutions.
The Committee also notes the information provided by the Government in its supplementary report with regard to the content of the tripartite consultations held during the five sessions of the SEC that took place between 17 March and 14 September 2020, including the adoption of the 2020 Work Plan for the SEC. In its observations, the CATUS submits that social dialogue in Serbia is still in its infancy. It considers that there is a need to adopt further measures to strengthen social dialogue in the country, stressing that the SEC is the appropriate body to ensure a transparent process of social dialogue where the views of the social partners may be heard and consensus may be reached. The Committee requests the Government to continue its efforts to take effective and time-bound measures to ensure effective tripartite consultations in conformity with the provisions of the Convention, and to report on the nature, content and frequency of consultations in relation to the matters within the scope of Article 5(1)(a)–(e) of the Convention.
In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified in conformity with Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS), and the Trade Union Confederation “Nezavisnost” communicated with the Government’s report.
Article 4(1) of the Convention. Determination of hazardous work. The Committee notes with interest the adoption of the Regulation on determining hazardous work for children No. 53/2017 which sets out the hazardous types of work prohibited to children under 18 years of age. Schedule 1 of the Regulation No. 53/2017 lists the types of physical and chemical hazards exposure which is prohibited to children (such as extreme temperature, tobacco smoke, noise and radiation levels, vibrations that may damage the children’s health). Schedule 2 of the Regulation No. 53/2017 establishes the prohibited types of work performed in circumstances hazardous to children which include, among others, work underground, in confined spaces, at dangerous height or underground, work with dangerous machinery, overtime work, and road work. In addition, Schedule 3 of the Regulation No. 53/2017 lists the types of hazardous activities prohibited to children (for example, work in mining, certain activities in fishing, hunting and gambling). The Committee notes the observations of the SAE indicating the participation of social partners’ representatives in the elaboration of the Regulation No. 53/2017. The Committee further notes the statistical data provided by the Government in its report on the number of children engaged in the types of hazardous work prohibited by the Regulation No. 53/2017. The Committee requests the Government to continue to provide information on the application in practice of Regulation No. 53/2017, including the violations reported and penalties imposed.
Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking and commercial sexual exploitation of children. Further to its previous comments, the Committee notes the adoption of the National Strategy for Prevention and Suppression of Human Trafficking, Especially Women and Children 2017–22 (the National Strategy 2017–22) and its Action Plan for the period of 2017–2018 on 4 August 2017. The Committee observes that the National Strategy 2017–22 and its Action Plan set out specific activities and tasks aimed at prevention, protection and social integration of child victims of trafficking and commercial sexual exploitation. The Committee requests the Government to provide information on the implementation of the National Strategy 2017-22 and its Action Plan and any results achieved in the elimination of trafficking and commercial sexual exploitation of children under the age of 18 years.
2. National Strategy for Preventing and Protecting Children from Violence. The Committee notes the adoption of the National Strategy for Preventing and Protecting Children from Violence 2020–23 No. 80 (the National Strategy 2020–23) and its Action Plan on 3 June 2020. The National Strategy 2020–23 provides for various measures and activities to prevent and protect children from any form of violence, including labour and sexual exploitation. The Government also indicates the establishment of the Inter-Ministerial Operational Team for the Protection of Children from Violence which shall ensure better coordination of different bodies responsible for the protection of children from violence. The Committee requests the Government to provide information on the implementation of the National Strategy 2020 – 23 and its Action Plan, in particular with regard to the impact on the elimination of the worst forms of child labour.
Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and direct assistance for the removal of children from these worst forms 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) is responsible for identifying and assessing the status of the victims of human trafficking. In 2015, 24 child victims of trafficking were identified by the Centre, including 18 girls and six boys. The Centre also coordinates with competent partners to provide systematic support on health and education to child victims of trafficking. The Committee however noted the absence of specialized shelters for child victims of trafficking.
The Committee takes note of the information provided by the Government concerning a number of activities and initiatives (such as the holding of workshops and the conduct of trainings in the educational institutions) undertaken by the relevant ministries and the Centre to prevent violence and discrimination against children, including trafficking of children. The Government further indicates that the first shelter for women and girls over the age of 16 years who are victims of human trafficking was opened in 2019. The Committee notes from the data provided by the Republic Institute for Social Protection (RISP) that 74 child victims of trafficking were identified in 2017. According to the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), during 2018, accommodation was provided to 28 children, in cooperation with centres for social work (CSWs) and NGOs.
The Committee notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed concern at the absence of a system for providing specialized care, support and accommodation for child victims of trafficking (CRC/C/SRB/CO/2-3, para. 62). The Committee also notes that the document “Roadmap to Eliminate Child Labour, including its Worst Forms, in the Republic of Serbia: 2018–2022” (Roadmap) provides for activities and measures aimed at the enhancement of the system of social protection services relevant for detecting and protecting children from child labour, including human trafficking (such as expanding the children’s shelter and the day care services network). The Committee encourages the Government to continue taking measures to prevent trafficking in children. It requests the Government to continue to provide information on measures taken to strengthen the capacities of the Centre and other social institutions in the rehabilitation and social integration of child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking identified, and the types of assistance and services provided by the Centre and other social service institutions.
Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and identifying and reaching out to children at special risk. 1. Street children, especially Roma children. The Committee previously noted the Strategy for Social Inclusion of Roma 2016–25, which covers five priority areas, namely education, housing, employment, health and social protection, aimed at improving the social inclusion of Roma both at national and local level in a systematic and comprehensive way. The Committee also noted the programme of increased intensive treatment (IIT programme) carried out by the Institute for Children and Youth in Belgrade which targets children under 14 years of age with extreme psycho-physical difficulties. The Committee further noted two licensed inns for children living and working on the street.
The Committee notes the Government’s indication that 39 local self-government (LSG) units have implemented local action plans (LAPs) for social inclusion of Roma men and women under the Strategy for Social Inclusion of Roma Men and Women in Republic of Serbia 2016–25. In addition, 50 mobile teams for social inclusion of Roma men and women have been established in LSG units. The Government further indicates the new family outreach worker service and occasional foster care service targeting at the families in crisis. According to the data collected by the CSWs, in 2017, there were 393 children living and working on the street and 8 children were placed in drop-in centres for street children. In 2018, ten out of 11 children registered at the CSWs as victims of child labour were of Roma nationality.
The Committee notes that the CATUS’s observations relate to the remaining need to provide special shelters for children working on the streets and to ensure their social integration. The Committee also notes from the 2017 concluding observations of the CRC that the vast majority of persons not registered at birth declared themselves as Roma (CRC/C/SRB/CO/2-3, para. 30). The Committee requests the Government to pursue its efforts to take effective and time-bound measures to prevent and remove street children, especially Roma children, from the worst forms of child labour. The Committee also requests the Government to provide information on the rehabilitation and social integration of the street children, including the number of street children who have been provided with educational and vocational training opportunities.
2. Unaccompanied foreign children. The Committee notes from the Government’s report that according to the RIPS’s statistical data, there were 949 unaccompanied foreign children in 2017. The Committee also notes from the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), that services of professional guardians were used by two victims of human trafficking, an unaccompanied boy and girl.
The Committee notes from the 2017 concluding observations of the CRC that many unaccompanied children have to sleep on the streets in unsafe and unsanitary conditions due to the limited number of places in asylum centres or refugee camps (CRC/C/SRB/CO/2-3, para. 56). The CRC also expressed its concern at the absence of a proper identification procedure for unaccompanied refugee and asylum-seeking children. The Committee further notes the Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia of January 2017 (GRETA(2017)37, para. 71) pointing out that unaccompanied children face risks of exploitation and trafficking. GRETA further indicates the delays in the appointment of guardians to unaccompanied children from the staff of the CSWs and insufficient training of guardians due to the lack of human resources and underfunding. The Committee requests the Government to strengthen its efforts to prevent and protect unaccompanied foreign children from the worst forms of child labour. It further requests the Government to provide information on the number of unaccompanied foreign children identified and the types of assistance and services provided by social service institutions.
Application of the Convention in practice. Trafficking and commercial sexual exploitation. The Committee previously noted that from 2014 to 2015, eight cases of abduction of minors under section 134 of the Criminal Code were reported. The Committee requested the Government to provide 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 Government indicates that under section 388 of the Criminal Code, 21 persons were under investigation which resulted in ten indictments and six prison sentences in 2018. Under section 185 of the Criminal Code, in 2018, the total number of received reports for investigation was 16 which resulted in six indictments and two prison sentences. The Committee notes an absence of information relating to the number of child victims of trafficking involved in these cases. The Committee notes the CATUS’s observations pointing out that more efficient work of court authorities is needed on the application of sections 185 and 388 of the Criminal Code. The Committee requests the Government to continue to provide information on the application of sections 134, 185, and 388 of the Criminal Code in relation to children under 18 years of age, including the number of investigations, prosecutions, convictions and penalties applied.
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