Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Serbia (Ratificación : 2003)

Otros comentarios sobre C182

Solicitud directa

Visualizar en: Francés - EspañolVisualizar todo

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 246 of the Criminal Code, which prohibits the unauthorized production, keeping and releasing for circulation of narcotics, does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes the Government’s indication that human trafficking for the purpose of performing an illegal act is prohibited. In this regard, the Committee notes that section 388(1) and (2) of the Criminal Code prohibits recruiting, transporting, transferring, selling, buying, hiding or holding of a minor for the purpose of committing an offence. The Committee further notes the information in the Government’s report that children are trafficked for the purpose of committing offences in Serbia; in 2010, five persons under 18 were trafficked for the purpose of the forced performance of criminal activities, while ten persons under 18 were trafficked for the purpose of exploitation in begging. The Committee requests the Government to specify whether section 388 of the Criminal Code applies to cases where a child who is not a victim of trafficking is used, procured or offered for the purpose of illicit activities.

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Trafficking. The Committee previously noted the Government’s indication that a service for fighting organized crime (with an Anti-Trafficking Department) was created within the Administration of Crime Police, to investigate cases of human trafficking. The Committee also noted the Government’s indication that there had been a total of 22 trafficking victims under the age of 18 (in 13 separate cases) registered during the reporting period. It requested information on the number of violations detected, related to the trafficking of persons under the age of 18, and on law enforcement efforts to combat this phenomenon.

The Committee notes the Government’s indication that police officers of the Ministry of the Interior have undertaken numerous activities to realize the National Plan of Action to Combat Human Trafficking, including organizing workshops and round tables to raise awareness with children and youth on the subject of trafficking. The Government indicates that police officers took part in 359 public speaking events, reaching 24,301 students and 2,005 teachers and educational officials. The Committee also notes the information in the Government’s report that approximately 50 per cent of identified trafficking victims are persons under 18 years of age. In this regard, the Committee notes that in 2009, 48 persons under the age of 18 (33 girls and 15 boys) were victims of trafficking, including 15 children under the age of 14. The Government also indicates that in 2010, 32 child trafficking victims were identified (27 girls and 5 boys), including 9 victims under the age of 14. The Government indicates that in 2010, criminal charges were laid in connection with 47 cases, pursuant to section 388 of the Criminal Code. In both 2009 and 2010, the majority of girls were trafficked for the purposes of sexual exploitation, while the majority of boys were trafficked for the purpose of begging. The Government indicates that of the 10 victims of human trafficking identified in the first four months of 2011, two were females below the age of 18 years of age. The Committee further notes the Government’s statement that the number of human trafficking victims, who are citizens of Serbia, is rising, including the number of children. The Committee requests the Government to continue to provide information on the application of section 388 of the Criminal Code related to the trafficking of persons under the age of 18, including the number of investigations, prosecutions, convictions and penalties applied. It also requests the Government to pursue and strengthen its law enforcement efforts with regard to effectively preventing and combating the trafficking of children.

Commercial sexual exploitation of children. Following its previous comments, the Committee notes the detailed information in the Government’s report concerning the application of section 185 of the Criminal Code, concerning the display, acquisition and possession of pornographic materials and pornographic abuse of under aged persons. In this regard, the Government indicates that the Public Prosecutor’s Office acted upon 368 applications submitted in 2009 regarding this offence and 363 such applications submitted in 2010. The Government also indicates that in 2009 and 2010, the Public Prosecutor’s Office determined that 274 criminal acts had been performed during the reporting period. In 2009, 83 prison sentences were handed down and in 2010, 95 such sentences were handed down. The Committee requests the Government to continue to provide information on the application of the Criminal Code provisions related to the use, procuring and offering of children under 18 for prostitution and pornography.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking of children. The Committee previously noted the Government’s indication that Serbia was a country of transit, destination and origin of trafficking of women as well as local trafficking of women. It also noted the adoption of a National Plan for the Fight Against Human Trafficking 2009–11.

The Committee notes the Government’s indication that it has implemented a preventative media campaign against human trafficking, including television advertisements and flyer distribution at border crossings, as well as a campaign entitled “Putjui bezbeno” (Travel Safe), dedicated to youth. The Government also indicates that roundtables and conferences have taken place since 2007 on the European Day to Fight Against Human Trafficking, and that it is using social network websites to help inform young persons about human trafficking. The Government further indicates that the Ministry of Internal Affairs, in collaboration with the UN High Commissioner for Refugees, the UN Office on Drugs and Crime and the International Organization for Migration, is implementing a Programme under the UN Global Initiative Fight Human Trafficking (UN GIFT), to combat trafficking more successfully and strengthen the relevant institutions in this regard. The Government indicates that this programme is in line with the National Plan of Action for the Fight Against Human trafficking for 2009–11, and should be completed in June 2012.

Commercial sexual exploitation of children. The Committee notes the Government’s statement that a Special National Strategy for the prevention and protection of children from trafficking and exploitation in prostitution and pornography should be made during the year, and that a draft of this National Strategy has been developed. It requests the Government to provide information on the implementation of the Special National Strategy for the prevention and protection of children from trafficking and exploitation in prostitution and pornography, once adopted, as well as on the results achieved.

Article 7(2). Effective and time-bound measures. 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. Roma children. The Committee previously noted that the Ministry of Education was implementing several projects to facilitate access to education for Roma children. However, the Committee noted the information in the 2007 UNICEF report entitled “Report on Social Exclusion with Special Focus on Roma Children in South East Europe” that only 13 per cent of Roma children complete primary education. Moreover, the Committee noted the comments by the Confederation of Autonomous Trade Unions of Serbia that there was a significant number of under-aged children, especially Roma children, who were left to work in the streets and who were vulnerable to criminal acts. The Government also indicated that Roma children are still highly at risk of becoming victims of human trafficking, and are disproportionately victims of this worst form of child labour. In addition, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 20 June 2008, expressed concern about the continued vulnerability of Roma children to trafficking and economic and sexual exploitation. The Committee requested information on measures taken to ensure the protection of Roma children against the worst forms of child labour.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the CRC, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-SC) of 22 June 2010, expressed concern that there are no specific programmes in place targeting particular groups of vulnerable children, such as Roma children (CRC/OPSC/SRB/CO/1, paragraph 31). Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to promote the access of Roma children to education as well as their retention within the educational system. It once again requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of Roma children. Moreover, the Committee requests the Government to redouble its efforts to ensure the protection of Roma children from the worst forms of child labour, particularly trafficking for the purpose of sexual and economic exploitation, for illicit activities and for begging. It requests the Government to provide information on the effective and time-bound measures taken in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of Trafficking. The Committee previously requested information on the number of child victims of human trafficking which benefit from rehabilitation and social integration services available in Serbia.

The Committee notes the information in the Government’s report that a cooperation agreement was concluded between the Ministry of Internal Affairs, the Ministry of Finance, the Ministry of Labour and Social Policy, the Ministry of Health, the Ministry of Justice and the Ministry of Education in November 2009, with the purpose of establishing cooperation for the development of a National Mechanism for the identification, help and protection of human trafficking victims. The Government indicates that Transnational Referral Mechanism for human trafficking victims (standard operating procedures for the treatment of victims of trafficking) is a constituent part of this agreement. Nonetheless, the Committee notes that the CRC, in its concluding observations of 22 June 2010 in connection with the OP–SC, expressed its concern with regard to the absence of comprehensive services for the recovery and reintegration of children victims of sale, prostitution and pornography, including the lack of Government-operated shelters (CRC/OPSC/SRB/CO/1 paragraph 44). The Committee requests the Government to take measures to ensure that child victims of trafficking have access to appropriate services for their rehabilitation and social integration. Moreover, the Committee requests the Government to provide information on the operation of the National Referral Mechanism, including the number of victims under the age of 18 identified and provided with support. To the extent possible, all information provided should be disaggregated by sex and by age.