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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Belarus (Ratification: 2000)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee had previously noted that section 181(1) of the Penal Code punishes the offence of trafficking in persons. It had noted that subsection 2(1) of section 181 states that trafficking in a person “who is known to be a minor” constitutes an aggravated offence. It had asked the Government to provide information on how the expression “known to be a minor” is interpreted. The Committee notes with interest the Government’s information that Presidential Decree No. 3 of 9 March 2005 on “several measures against the trade of human beings” was adopted to bring national legislation into line with international legal standards. This Decree makes it a criminal offence to commit any of the acts facilitating “trafficking in human beings”. The provisions of Decree No. 3 of 2005 are further developed, amongst others, by Act No. 15-Z of 4 May 2005 “to amend and supplement several codes of Belarus on matters relating to heighten responsibility on trafficking in persons and other related crimes”, which consolidated many of the provisions of Decree No. 3 of 2005 in the Penal Code. Pursuant to these amendments (of July 2006), section 181 of the Penal Code (repealing previous section 187) punishes under the new offence of “trafficking of human beings” the purchase or sale of a person, or conclusion of other transactions with regard to a person, and the procurement, transport, transfer, concealment or receipt of a person for the purpose of “exploitation” (meaning unlawful labour and sexual exploitation). The Committee notes that subsection 2(1) of section 181 has not been amended. It notes the Government’s information that the expression “known to be a minor” contained in sections 181 and 173 of the Penal Code signifies that the offender is aware of the circumstances legally relevant under the Penal Code and specifically intends to commit an offence against a person under 18 years. This increases the social harm done by the offence and incurs a harsher penalty.

2. Corrective labour colonies. The Committee had previously observed that it is not clear whether labour can be imposed on children in corrective labour colonies only after conviction in a court of law. It had requested the Government to provide further information on the rules governing the work performed by children under 18 years of age in corrective labour colonies. The Committee notes the detailed information provided by the Government on the procedures and conditions for the execution of the penalties established by the Criminal Executive Code (CEC) (Act No. 429-Z of 2000 repealing the Corrective Labour Code of 1971). It notes the Government’s information that correctional colonies are facilities for prisoners over 18 years, while educational colonies are facilities in which prison sentences are served by offenders under 18 years. It also notes the Government’s information that, under section 5 of the CEC, sentences and other criminal penalties are executed on the basis of a guilty verdict by a court, or a court decree with legal force to alter a previous verdict, or on the basis of an amnesty or pardon. Moreover, according to section 98 of the CEC, the administration of the correctional institution has to engage the offender in work that is socially useful and takes account of the offender’s sex, age, health and capacity to work.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that section 136(5) of the Penal Code punishes the recruitment of children below 15 years of age in the armed forces. It had requested the Government to indicate the measures taken or envisaged to prohibit the forced or compulsory recruitment of children less than 18 years of age for use in armed conflict in conformity with Article 3(a) of the Convention. The Committee notes the Government’s information that section 33 of Act No. 2570‑XII of 1993 on the “Rights of the Child” prohibits the participation of children in military actions or armed conflict, pro-war or pro-violence propaganda among children, and the creation of militarized children’s units. Individuals may be called for military service only once they are 18. Furthermore, according to section 43 of the Act of 5 November 1992 on “Military Duty and Military Service”, persons under 18 (i.e. from the age of 17) are only admitted to military service as students of military academies. This recruitment shall not involve force or coercion and shall be carried out only where such persons are fully informed of the duties involved in the military service. The Committee finally notes the Government’s information that it signed the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in December 2005.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that, pursuant to the amendment of the Penal Code by Act No. 15-Z of 2005, child prostitution was removed from the scope of section 173 of the Penal Code and was included as a separate offence in section 171. New section 171(1) punishes the engagement in prostitution or the coercion to continue in prostitution. Section 171(2) makes it an offence to commit this act against a person known to be a minor. The Committee also notes with interest the Government’s information that new section 173 of the Penal Code, as amended, punishes anyone who engages a person known to be under 18 years, amongst others, in the commission of acts relating to the production of pornographic material. Moreover, section 343 of the Penal Code, as amended, punishes the production, for the purpose of dissemination or advertisement, and dissemination of pornographic material. The offence is aggravated where the pornographic material contains images of minors or when it is shown to minors.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to indicate whether the use, procuring or offering of a child less than 18 years for illicit activities, in particular for the production and trafficking of drugs, is covered by section 172 of the Penal Code (punishing anyone who compels an under-age person to commit a crime). The Committee notes the Government’s information that, when a minor is involved in a crime connected with the unlawful trade in narcotics, charges are brought against those responsible under section 172 of the Penal Code. It also notes that section 173 of the Penal Code, as amended, punishes anyone who engages a person known to be under 18 years, amongst others, in vagrancy and begging. The Committee takes due note of this information.

Article 4, paragraph 3. Periodical revision of the list of hazardous work. The Committee had previously requested the Government to provide information on any measures taken or envisaged to review the list of hazardous work. It notes the Government’s information that, since Belarus ratified the Convention, the list of jobs in which persons under 18 years may not be employed has been subject to periodic review. However, no need for revision has yet arisen.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that, under Decree No. 2 of 2004 of the Ministry of Labour and Social Protection (MLSP), the Coordinating Council coordinates the activities of state inspection and monitoring of bodies concerned with the observation of the occupational safety and health legislation such as: the State Labour Inspection Department of the MLSP, the Ministry of Emergencies Department (monitoring safe work in the atomic energy industry), and the Ministry of Agriculture and Food Chief State Inspectorate (monitoring technical conditions of machinery and equipment). The Committee notes the Government’s information that the State Inspection Department of the MLSP conducted 25,624 inspections to monitor compliance with labour and occupational safety and health legislation in 2004 and 24,497 inspections in 2005. None of these inspections uncovered cases of the engagement of children in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The National Commission on the Rights of the Child. Following its previous comments, the Committee notes the Government’s information that the National Commission on the Rights of the Child (NCRC) coordinates and monitors the National Action Plan to Improve the Situation of Children and Protect their Rights, 2004-2010 (NPA 2004-2010). The NCRC also implements many of the measures of the NPA 2004-2010 aimed at creating more favourable conditions for children’s life and development. The measures included in the NPA 2004-2010 to protect children from trafficking and all forms of exploitation include, awareness-raising activities on the content of Convention No. 182, and of the Convention on the Rights of the Child, as well as on international standards and health and safety legislation.

2. Programme to Combat Trafficking and Prostitution, 2002-07, and other programmes to prevent trafficking. The Committee had requested the Government to provide information on the State Programme on Comprehensive Measures to Combat Trafficking in Persons and the Spreading of Prostitution for 2002-07 (Programme to Combat Trafficking and Prostitution, 2002-07). It notes the Government’s statement that the Programme to Combat Trafficking and Prostitution, 2002-07, includes coordinated social, medical, legal and organizational initiatives, and namely: (a) legal and preventive measures against violence, trafficking in human beings and prostitution; (b) rehabilitation of victims of human trafficking; (c) international partnership in the fight against trafficking. The Committee notes the Government’s information that a number of legislative acts have been passed as a part of the implementation of the Programme to Combat Trafficking and Prostitution, 2002-07, such as: Act No. 15‑Z of 2005 “to amend and supplement several codes of Belarus on matters relating to heighten responsibility on trafficking in persons and other related crimes”; Decree No. 28 of 2005 of the Ministry of Health (MOH) “to approve the list of free medical services to victims of trafficking”; Presidential Decree No. 352 of 2005 “on averting the consequences of trafficking in persons”. The Committee notes the Government’s information that each year the bodies implementing this Programme are required to submit a report on the work accomplished to the Ministry of Internal Affairs who then submits this data to the Council of Ministers.

The Committee also notes the Government’s information that a number of other measures have been taken to prevent and combat trafficking of children, especially: (a) awareness-raising activities, such as conferences, campaigns, publication of textbooks and brochures, dissemination of information through broadcast and media; (b) legislative measures aimed at reducing the number of young students running the risk of being trafficked or sexually exploited, through regulating travel abroad for work (Decree No. 68/16/27 of 2004) and providing for the issuing of written permits for student exchanges; (c) web sites and hotlines for persons threatened or who have already become victims of trafficking (e.g. Ministry of Internal Affairs’ web site).

The Committee requests the Government to continue providing information on the implementation of the Programme to Combat Trafficking and Prostitution, 2002-07, and other programmes to combat trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to education. Following its previous comments, the Committee notes the Government’s information that the compulsory nature of free general basic education (ten years of schooling), free secondary, vocational and technical education, the non-discriminatory nature of the education system, the social guarantees available in practice (food provided either free or through a budgetary grant, student grants, places of residence, social, educational and psychological help), prevent and help to reduce the likelihood of children from being involved in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes with interest that the Government took a number of measures to rehabilitate child victims of trafficking. It notes the Government’s information that, in the implementation of Presidential Decree No. 352 of 2005 “on averting the consequences of trafficking in persons”, amendments have been made to the “Model Statutes” for specialist institutions for minors in need of social assistance and rehabilitation. These changes have consolidated the provision of social, educational, and psychological assistance to child victims of trafficking up to the age of 15 and expanded the functions of children’s homes providing temporary accommodations. The Committee notes the Government’s information that, as a part of the implementation of the project “Combating Trafficking in Women in Belarus” of 2004, a residential rehabilitation centre has been opened in Minsk for victims of human trafficking. Twenty-one victims of trafficking have undergone social and psychological rehabilitation as residents. On 1 December 2005, the centre became part of the Minsk Municipal Social Services Centre for the Family and Children. There are now four such institutions in Belarus. The Committee also notes the Government’s information that, since October 2001, the Belarusian Young Women’s Christian Association has run a programme called “La Strada” in Belarus, through which 189 victims have received help to reintegrate into society. It finally notes the Government’s information that the project “Combating Trafficking of Women”, launched in 2002 by the International Organization for Migration (IOM) in collaboration with the Belarusian authorities, also contains measures to assist victims of trafficking. Moreover, the IOM representation in Belarus, opened a rehabilitation centre for victims of trafficking on 23 June 2006. The Committee requests the Government to provide information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to the abovementioned initiatives.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims of HIV/AIDS. The Committee had previously requested the Government to provide information on measures taken or envisaged to address the situation of child victims of HIV/AIDS who might more easily engage in the worst forms of child labour. It notes the Government’s information that the State Programme to Prevent HIV Infection and the Strategic Plan of Measures to Fight the HIV/AIDS Epidemic are the main activities carried out in the area of HIV/AIDS. Moreover, in 2005, a national system of monitoring and evaluating HIV/AIDS, based on 28 key and 18 supplementary indicators, has been developed. All young people under study are being reached by measures to inform and educate them on the issue of HIV/AIDS, through study programmes incorporated in the curriculum and extra-curricular work. In addition, the State provides social protection and support to children with HIV.

2. Children lacking parental care. The Committee notes the Government’s information that adult mortality from AIDS is not the most common reason for children to become social orphans. In fact, the most common reason for this phenomenon is that children’s parents have lost guardianship rights over them due to alcoholism and drunkenness. In order to improve these children’s capacity for social integration, Belarus has set up a system for the adaptation of children who lack parental care. Pursuant to Presidential Instruction No. 10/209-4 of 2004, since September 2004 the MLSP has maintained a register of the children lacking parental care who have graduated from children’s homes in order to provide them with accommodation and job placement as well as with financial, legal and psychological assistance. The Committee notes the Government’s information that the number of such children entering higher education and specialist secondary education increased by more than 50 per cent between 2003 and 2005.

Clause (e). Take account of the special situation of girls. The Committee notes with interest that the Government took a number of measures to prevent and combat the trafficking of women, including girls, as well as to rehabilitate girl victims of trafficking. It notes the Government’s information that the project “Combating Trafficking in Women in Belarus”, carried out in conjunction with the UNDP, includes the following measures to prevent and combat the trafficking of women: (a) preventive measures, such as awareness-raising activities, information campaigns and seminars on the issue of trafficking of women; (b) measures to provide assistance and reintegrate trafficked women, such as the establishment of shelters and rehabilitation centres, as well as hotlines and databases for direct assistance. It also notes the Government’s information that the public association “Children Are Not For Violence”, undertook a project in 2005 entitled “The Right to Life without Violence and Degradation”, in order to reduce the risk for girls, including girls under 18, of falling into sexual or other forms of exploitation. As part of the project, 163 girls have taken part in interactive sessions organized for first-year students. Moreover, a masterclass to train teaching social workers and educational institutions on how to hold sessions for preventing girls from commercial sexual exploitation is currently under preparation. The Committee requests the Government to continue providing information on the measures taken to protect girls under 18 from trafficking for the purpose of sexual or other forms of exploitation and results attained.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that the problem of child trafficking in Belarus is not particularly severe. Minors comprised 9.8 per cent of all trafficked victims in 2005 and 12.5 per cent in the first half of 2006. In particular, in 2005, of the 625 victims of trafficking, 61 were minors (59 subjected to sexual exploitation and two to labour exploitation). In the first six months of 2006, 345 people were victims of trafficking, of which 43 were minors. The majority of these minors were 17 years old, and only very few victims were between the ages of 14 and 16. The Committee notes the Government’s information that, in 2005, 108 offences were uncovered under section 173 of the Penal Code, of which 36 involved the engagement of minors in prostitution and three in the production of pornography. Eight violations of section 171(1) of the Penal Code were uncovered in 2005 (involving the engagement of minors in prostitution) and 30 in the first half of 2006 (17 of which involved the engagement of minors in prostitution). The Committee takes note of this information and requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.