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

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

Autre commentaire sur C182

Demande directe

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The Committee notes the Government’s report and the communication of the Union of Employers of Serbia dated 26 August 2013.

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 prohibits the unauthorized production, keeping and circulation of narcotics. The Committee notes that according to section 388(1) and (2) of the Criminal Code recruiting, transporting, transferring, selling, buying, hiding or holding of a minor for the purpose of committing an offence is prohibited.

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Trafficking and commercial sexual exploitation. Following its previous comments, the Committee notes that according to the statistics of the National Public Prosecutor’s Office for 2012, 71 cases under section 388 of the Criminal Code related to the trafficking of minors was registered in 2012 and ten cases in 2013. There were 69 requests for investigation resulting in 56 instances of indictments and in 29 cases prison sentences were handed down while three suspended sentences were also pronounced. Furthermore, concerning the application of section 185 of the Criminal Code relating to the display, acquisition and possession of pornographic materials and pornographic abuse of under-aged persons, the Committee notes from the Government’s report that in 2012 and in 2013, six cases were detected. There were 20 requests for investigation, 17 proceedings were launched and in ten cases prison sentences were handed down. The Committee notes, however, that the Human Rights Committee, in its concluding observations of 20 May 2011, expressed its concern at the information indicating that more than half of the victims of trafficking and sexual exploitation are minors (CCPR/C/SRB/CO/2, paragraph 16). In this regard, the Committee requests the Government to strengthen the capacity of the law enforcement agencies so as to ensure that thorough investigations and robust prosecutions of perpetrators of the sale and trafficking of children and commercial sexual exploitation of children are carried out. The Committee requests the Government to continue providing information on the application of sections 388 and 185 of the Criminal Code, including the number of investigations, prosecutions, convictions and penalties applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking. Action Plan to implement the new Strategy to Prevent and Tackle Human Trafficking and Protect Victims 2013–18. The Committee notes from the Government’s report that an action plan to implement the new Serbian Strategy to Prevent and Tackle Human Trafficking and Protect Victims has been developed and is expected to be adopted shortly. The Committee expresses the hope that the action plan to implement the new Serbian Strategy to Prevent and Tackle Human Trafficking and Protect Victims will be adopted and implemented in the near future. It requests the Government to provide information on specific initiatives implemented within the context of this action plan to combat the trafficking of persons under 18 years of age, and on the results achieved.

2. Commercial sexual exploitation of children. The Committee previously noted the Government’s statement that a draft National Strategy for the prevention and protection of children from trafficking and exploitation in prostitution and pornography was being developed.

The Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Policy delegated a representative who took part in the development of the Draft Action Plan to Prevent and Protect Children from Exploitation for Pornography through abuse of Information and Communications Technology 2012–14. The Government further indicates that this document will also put into operation the National Strategy for the prevention and protection of children from trafficking and exploitation in pornography and prostitution 2012–16. The Committee requests the Government to provide information on the implementation of the Action Plan to Prevent and Protect Children from Exploitation for Pornography through abuse of Information and Communications Technology 2012–14, once adopted, as well as on the National Strategy for the prevention and protection of children from trafficking and exploitation in prostitution and pornography.

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. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken to improve the situation of the Roma community, including in the areas of employment, education, housing and health. In this regard, the Committee notes the Government’s information that it has introduced social security benefits to people belonging to the Roma community and has provided new housing for 43 families who also benefit from social assistance while their children were provided with educational support. In addition, the Committee notes that the Ministry of Labour, Employment and Social Policy created positions for two Roma inclusion advisors in its department so as to ensure that the strategy to improve the position of the Roma and its associated action plan are implemented efficiently. Moreover, a network to protect children’s rights in the Roma community was set up by local authorities. According to the data provided by the National Social Security Institute in 2012, 15 various types of services, including family support services or services in support of victims of human trafficking, were provided to children and young persons by the local authorities. The Government finally notes that Social Services Centres (SSCs) which are the primary providers of social services in the local community are charged with assisting and supporting children and young people and providing basic protection for the rights and interests of children, including Roma children.

The Committee further notes from the Government’s second periodic report of March 2011 to the Committee on Economic, Social and Cultural Rights that the Ministry of Education has implemented various measures to protect national minorities, especially the Roma and migrants within the education system in the Republic of Serbia. These measures include: the introduction of free preparatory pre-school programme for all children; the revision and implementation of the Integral Action Plan for Improvement of Roma Education in Serbia; and the provision of free school textbooks for pupils in the first and second grades of primary school. Moreover, a guide book entitled “Protection of Roma Children from Discrimination in Education” has been prepared by the Ministry of Education and distributed to all primary schools (E/C.12/SRB/2; paragraph 121). The Committee takes due note of the measures taken by the Government, and encourages it to pursue its efforts to promote access to, and attendance in, free basic education for Roma children, thereby preventing them from being engaged in the worst forms of child labour. It requests the Government to continue providing information on concrete initiatives implemented in this regard and 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.

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. Following its previous comments, the Committee notes the Government’s information that a Centre for the Protection of Victims of Human Trafficking (Centre) which is charged with coordinating the protection of victims of human trafficking and providing appropriate assistance was established in 2012. The Centre is responsible for both identifying and assessing the status of the victims of human trafficking and comprehensively coordinating with all national and local entities, such as SSCs and other bodies and institutions providing social services to victims of human trafficking. These services include secure accommodation, psychological, legal and medical assistance, access to education or vocational training, as well as cooperation with non-governmental or other organizations engaged in assistance of victims. According to the Government’s report, the Ministry of Labour, Employment and Social Policy prepared a training programme for social workers at the Centre and SSCs and offered ten training sessions to boost capacities to identify and offer protection to potential victims of human trafficking. This training covered 76 SSCs and 277 professionals in 2011 and 2012. Furthermore, a manual as well as a set of guidelines for professional staff of social services on how to deal with victims of human trafficking and to provide protection and assistance has been developed.

The Committee further notes the statistical information provided by the Government on the number of child victims of trafficking identified and provided assistance by the Centre. According to this data, out of the 79 victims of human trafficking identified by the Centre in 2012, 33 were children below the age of 18 years, including 27 girls and six boys. Most of the children were reunited with their families, and some others assigned to temporary guardians and then repatriated to their country of origin. Moreover, the Committee notes from the Government’s report that according to the data provided by the National Social Security Institute, in 2012, 44 child victims of trafficking under the age of 18 years were registered in the SSCs and benefited from the services provided by the SSCs. The Committee further notes the Government’s indication that two shelters for victims of human trafficking was established with the Novi Sad Social Services Centre and the Nis Women’s Safe House. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been removed and provided assistance by the Centre, the SSCs as well as by the shelters established with the Novi Sad Social Services Centre and the Nis Women’s Safe House.