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Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Federación de Rusia (Ratificación : 1956)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Federación de Rusia (Ratificación : 2019)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework. The Committee previously noted that section 127.1 of the Penal Code prohibits trafficking in persons. It also noted the Government’s indication in its 2008 report that a draft text of the Law on combating trafficking in persons had been finalized and submitted to the State Duma of the Russian Federation.
The Committee notes the Government’s statement that work is ongoing to improve the national legislation in this regard. Although there is no special instrument at present to govern matters relating to combating human trafficking and defending the rights of victims, administrative and criminal legislation defines as crimes both the individual elements and the specific acts involved in human trafficking. While noting the Government’s indication regarding the existing legislative framework, the Committee observes that due to the complexity of the problem, the adoption of comprehensive legislation to address trafficking in persons would positively contribute to efforts to combat the phenomenon. In this regard, the Committee refers to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), where it noted that the draft Law on combating trafficking in persons aimed to establish appropriate measures to ensure the legal protection and social reintegration for victims, and that the Conference Committee on the Application of Standards, at the 98th Session (June 2009) of the International Labour Conference, had called on the Government to take the necessary measures to ensure its adoption. The Committee therefore expresses the firm hope that the Government will pursue its efforts to strengthen the legal framework to combat trafficking in persons, including through the adoption of the draft Law on combating trafficking in persons. It requests the Government to provide information on the status of this draft law, in its next report.
2. Law enforcement. In its previous comments, the Committee noted the communication from the International Trade Union Confederation (ITUC), according to which thousands of persons were trafficked from the Russian Federation to other countries, and internal trafficking within the Russian Federation also took place. Women were generally forced to work as prostitutes while men were trafficked into agricultural or construction work. It also noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high prevalence of trafficking in the Russian Federation, and that the country is a source, transit and destination country for trafficking in persons (CEDAW/C/USR/CO/7, 10 August 2010, paragraph 26). The Committee further noted the Government’s statement that more than 25,000 cases of trafficking were identified between 2004 and 2008, in addition to over 15,000 perpetrators, and that the Government had taken operational and preventive measures to combat this phenomenon.
The Committee takes due note of the information provided concerning the Government’s efforts to combat trafficking as well as its statement that it is committed to addressing the economic and socio-political foundations of this phenomenon. The Government indicates that trafficking is largely carried out by organized groups and criminal gangs, at both the national and international levels. As a result of the porous borders within the Commonwealth of Independent States (CIS), most cases of human trafficking within this area take place through legal border crossings, and only a small number of these cases can be stopped and prevented at the border by border controls. Therefore, cooperation among the entire CIS is needed, and a Programme of Cooperation of members of the CIS on human trafficking for 2011–13 was adopted to facilitate this cooperation. Work on a programme for the period 2014–18 is under way. The Government engages in international cooperation with foreign law enforcements agencies and Interpol to combat trafficking in persons, as well as coordinating and exchanging of information through liaison officers at embassies. The Government also indicates that it has produced and distributed a booklet on the dangers of trafficking, but that it is necessary for authorities to conduct more vigorous information campaigns to raise public awareness about the phenomenon of trafficking, especially among at-risk groups.
With regard to the number of offences registered under section 127.1 of the Penal Code, the Government indicates that 103 offences were recorded in 2010, 50 offences in 2011, 70 offences in 2012 and five offences for the first four months of 2013. The Committee notes with concern that the 228 offences recorded over this three-year period is substantially lower than the 25,000 cases that had been recorded between 2004–08, as indicated in the Government’s 2012 report. The Committee therefore urges the Government to strengthen its efforts to identify, prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken. In this regard, the Committee requests the Government to pursue its international cooperation efforts to this end, and to take measures to further strengthen the capacity of law enforcement officials to combat trafficking in persons. It also requests the Government to continue to provide information on the application in practice of section 127.1 of the Penal Code, particularly the number of investigations, prosecutions and convictions. Noting an absence of information on this point, it also requests the Government to provide information on the specific penalties applied to persons convicted under this provision.
3. Protection and reintegration of victims. The Committee previously noted that the CEDAW, in its concluding observations of 10 August 2010, urged the Government to take measures to ensure that victims of trafficking are adequately protected and assisted, as well as to undertake efforts for their recovery and social integration (CEDAW/C/USR/CO/7, paragraph 27).
The Committee notes the Government’s indication that a network of social services has been established in the country for the protection of victims, and that victims of trafficking who cooperate with law enforcement agencies enjoy legally established guarantees. The Programme of Cooperation of members of the CIS on human trafficking for 2011–13 also contains international cooperation measures to assist victims of human trafficking and for coordination with non-governmental organizations in this regard. In 2012, 92 persons were recognized as victims and, in the first four months of 2013, five such persons were identified. The Committee requests the Government to pursue and strengthen its efforts to identify victims of trafficking and to provide them with appropriate protection and assistance. It requests the Government to continue to provide information concerning measures taken in this regard, including the number of persons benefiting from available services.
The Committee is raising other points in a request addressed directly to the Government.
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