Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Belgium (Ratification: 2002)

The Committee notes the Government’s report and the additional information provided.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the adoption of the Act of 10 August 2005 amending various provisions with a view to strengthening measures to combat the trafficking of human beings and the practices of marchands de sommeil (“slumlords” specializing in the exploitation of migrants). The Act included in the Penal Code a chapter on the trafficking of human beings (sections 443quinquies to 433novies), including minors (section 433septies). The Committee notes that these new provisions apply to the sale and trafficking of children for both labour and sexual exploitation. It also notes that the Act of 10 August 2005 repeals various provisions of the Act of 15 December 1980 “on the entry, stay or establishment of foreign nationals in the country and their expulsion” (the Act of 15 December 1980), regarding the trafficking of human beings, including minors (sections 77bis and 77quater). These provisions of the Penal Code and the Act of 15 December 1980 establish in greater detail the elements which constitute the offence of the trafficking of human beings.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. With reference to its previous comments, the Committee takes due note that the Act of 10 August 2005 inserted into the Penal Code two provisions prohibiting the use of persons, especially children, for purposes of begging (sections 433ter and 433quater).

Article 3(d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Act of 16 March 1971 (the Labour Act) and the Royal Decree of 3 May 1999 on the protection of young persons at work (the Royal Decree of 3 May 1999), which prohibit the employment of young workers under the age of 18 in hazardous work, only apply to workers and persons who have an employment contract and who perform work under the authority of another person (section 1 of the Labour Act and section 1 of the Royal Decree of 3 May 1999). The Committee consequently observed that self-employed workers under the age of 18 do not enjoy the protection against hazardous work prescribed in the national legislation. It requested the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under the age of 18 from hazardous work. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the measures taken to ensure that self-employed workers under the age of 18 benefit from the protection envisaged in Article 3(d) of the Convention, namely, that they are not engaged to perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Interdepartmental Unit to Combat Trafficking in Human Beings. The Committee previously noted that the Interdepartmental Unit to Combat Trafficking in Human Beings was set up in 2004 to ensure effective coordination between departments involved in combating trafficking in human beings. It notes the Government’s indication in its report that an office composed of the main departments involved in combating trafficking has been created in order to help the Interdepartmental Unit. The office is entrusted with ensuring the functioning of the Interdepartmental Unit and preparing and executing its decisions, recommendations and initiatives. The Committee also notes that the office of the Interdepartmental Unit has established four working groups, one of which is responsible for improving the procedure of issuing residence permits to victims of trafficking. The Committee encourages the Government to continue its efforts to combat the sale and trafficking of children.

2. Information and Analysis Centre on the Trafficking of Human Beings (CIATTEH). With reference to its previous comments, the Committee notes the Government’s indication that an Administrative Committee has been created to ensure the exchange of information between the various members of the Interdepartmental Unit to Combat Trafficking in Human Beings and the quality of the data exchanged, which will also be used as a basis for analyses. The Administrative Committee is also responsible for supervising the preparation, validation and communication of the strategic analyses carried out. The Committee considers that cooperation and the exchange of information between the various actors dealing with the sale and trafficking of children at the national and local levels is indispensable to prevent and eliminate commercial sexual exploitation. It requests the Government to provide information on the measures taken for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that every two years the intelligence service on criminal policy, in collaboration with the task force on the trafficking of human beings, organizes a meeting to evaluate criminal strategies in this field. This meeting gathers together, as a minimum, the coordinating magistrates responsible for combating the trafficking of human beings, the offices of public prosecutors and tribunals, the federal office of the public prosecutor, the police units concerned, as well as the national coordinators of inspection services. Furthermore, the Government indicates that training in the field of the trafficking of human beings is also provided for police officers working in units dealing with trafficking. The Higher Council of Justice has also developed a two-day training programme for judges in which various issues are addressed, such as sexual exploitation and exploitation through begging, including such activities involving the use of minors.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres. With reference to its previous comments, the Committee notes the Government’s indication in its report that the assistance provided by reception centres takes many forms. With the introduction of the system of guardian care for lone minors, assistance is now shared between the guardian and specialized reception centres. While these centres assist children by providing them with accommodation, psychological and medical care, as well as taking legal action against those who exploit them, the guardian is in charge of the daily needs of the minor (education, administration tasks, etc.) in partnership with the specialized centre.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. In its previous comments, the Committee noted the information provided by the Government on the measures taken to allow police officers to deal with child beggars more effectively. It also noted the Government’s indication that organized or forced begging involving children (often of Roma origin, or belonging to families who are not legally resident in the country) exists in the larger towns. The Committee invited the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging. The Committee notes the Government’s indication that it envisages taking concrete action including awareness raising, information and training activities for the authorities and other actors who are in direct contact with the population categories concerned. The Government also envisages strengthening research into the schooling of child beggars, as an essential means for their integration. The Committee encourages the Government to carry out the above action and requests it to provide information on the time-bound programmes established for this purpose.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the additional information provided by the Government regarding the statistical data of the General Directorate for the supervision of the labour laws on the illegal employment of children and non-compliance with regulations on young workers for the period 2004-05. With regard to data on convictions, the Government indicates that it is impossible to supply detailed data on convictions relating to trafficking for labour exploitation disaggregated by the age of the victims. However, as the Act of 10 August 2005 has introduced a clearer distinction between the circumstances in which the offence is committed, it will henceforth be possible to draw a distinction in the data bank between convictions involving adults and minors. In relation to sexual exploitation, the Committee notes that there were 47 convictions in 2003. The Committee requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties applied.