Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Programme to Combat Trafficking and Prostitution,
2002–07, and other programmes to prevent trafficking. The Committee requested the Government to continue providing information on the implementation of 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). The Committee notes in the Government’s report that the Programme to Combat Trafficking and Prostitution, 2002–07 was completed in 2007. The Committee notes the quantity of detail in the Government’s report regarding this programme, whose multifaceted approach included:

(a)   organizational–legal measures;

(b)   general preventive measures;

(c)   measures to prevent trafficking in persons and the spread of prostitution;

(d)   measures for the rehabilitation of victims of violence and trafficking in persons; and

(e)   international cooperation in the field of combating trafficking in persons.

Various measures taken to combat trafficking in persons, including the abovementioned programme, contributed significantly toward increasing the effectiveness of preventing the slave trade and ensuring the security of the country’s population. The Committee notes that since 2001, 1,100 crimes related to the transit of people abroad have been detected (of which 481 were directly related to trafficking in persons), and some 3,000 victims were found and provided assistance with their reintegration. Over 1,500 people were charged with criminal offences and about 1,000 of them have already been convicted.

The Committee also notes that, in order to minimize the negative social consequences of trafficking in persons and to support its victims, there are now 156 local social service centres operating under the Ministry of Labour and Social Security. There are also specialized institutions to provide assistance to victims of trafficking in persons operating in Minsk City and in the Brest, Vitebsk, Gomel and Mogilev oblasts. Juveniles may undergo rehabilitation in 143 socio‑educational centres and child social refuges under the Ministry of Education.

The Committee also notes that the need to implement further effective state policies against trafficking in persons led to the adoption of the new State Programme Against Trafficking in Persons, Illegal Migration and Related Crimes 2008–10 (State Programme Against Trafficking in Persons 2008–10), which was approved by Decree No. 624 of the President of the Republic of Belarus of 6 December 2007. This State Programme Against Trafficking in Persons 2008–10 envisages further implementation of the current package of measures taking into account current trends, and is largely aimed at eliminating the causes and conditions giving rise to trafficking in persons in Belarus. The basic purpose of the State Programme Against Trafficking in Persons 2008–10 is to plan and coordinate activities of the various state actors in implementing organizational, legal and practical measures to prevent, detect and suppress the abovementioned phenomena. The coordination of activities of the various state actors is exercised by the Ministry of Internal Affairs, which is also responsible for reporting annually to the President on the implementation of the State Programme Against Trafficking in Persons 2008–10.

Finally, the Committee notes that the problem of trafficking in persons in Belarus is being tackled comprehensively from all angles. The prevention of child trafficking is not treated as a separate issue, but is seen as a fundamental part of the problem of trafficking in persons. Thus, there is no need for a separate state programme on the prevention of trafficking in children. The Committee requests the Government to continue providing information on the implementation of the State Programme Against Trafficking in Persons 2008–2010 and other programmes to combat trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. 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. In its previous comments, the Committee requested the Government to provide information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to various initiatives. The Committee notes in the Government’s report that the problem of child trafficking in Belarus exists but is not severe. Approximately 5–10 per cent of the total number of victims are children, the absolute majority of whom are 17 or 18 years old, female, and victims of sexual exploitation. Cases of trafficking of
14–16-year-old children are extremely rare, though, in 2003, a case of a
12-year-old girl victim of sexual exploitation emerged. The Committee notes that in 2006, 1,107 victims of trafficking were found, 222 of whom were children, of whom 218 were victims of sexual exploitation and four of labour exploitation (587 victims, 156 of whom were children and two young children were discovered in a single notorious model agency). In 2007, 418 victims were found, of whom 23 were children, 22 of whom were victims of sexual exploitation and one of labour exploitation. In the first five months of 2008, 308 victims were found, of whom all 25 children were victims of sexual exploitation.

The Committee further notes that statistics on victims of trafficking referred to rehabilitation have only been kept by the Ministry of Internal Affairs, which is the coordinator of all state agencies involved in the prevention of trafficking in persons since 2008. However, no separate breakdown is made between adults and children. State agencies, working closely with the IOM, provided 1,285 victims of trafficking with assistance and reintegration in 2002–06 (413 in 2006 alone). So far in 2008, 75 victims have been referred for rehabilitation. Of the approximately 15 NGOs providing victims with help in reintegration and raising awareness, the Belorussian Association of Young Christian Women has been implementing the “La Strada” programme since 2001. In the 2001–06 period, 278 victims received help with reintegration, 89 of them in 2006 alone. The Committee requests the Government to continue providing information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to the abovementioned, or other, initiatives.

Clause (e). Take account of the special situation of girls. Following its previous comments, the Committee notes in the Government’s report that the work of preventing the targeting of girls for sexual and other forms of exploitation is continuing. Various measures are envisaged under the State Programme including: an information campaign; a technical assistance project “Prevention of trafficking in persons in the Belarus Republic” in conjunction with the IOM; and a planned cooperation with the UNDP project on prevention, combating and minimizing the social consequences of trafficking in persons. A multifaceted approach to combat the phenomenon is required. Firstly, information and educational work is organized in educational institutions and includes a variety of measures such as: (a) round tables with law enforcement, court and health authorities; (b) interactive lectures; (c) video shows; and (d) information stands. Secondly, remedial rehabilitative works are carried out with students and their families. Thirdly, social-educational and psychological institutions contribute to the knowledge increase of a wide-ranging public on these issues. The Committee also notes the large quantity of measures aimed at children in preventing, removing and rehabilitating them from the situation of trafficking, mostly for the purpose of sexual exploitation. Many other measures and programmes are aimed at parents, education specialists and others, predominantly in order to prevent trafficking of children. In order to target a wide range of people, distinct dissemination methods were used, including regional and local newspapers and periodicals, television, posters and electronic information media. Databases of disadvantaged families have also been set up in all regions of the country in order to identify children that are socially at risk of trafficking. The Committee requests the Government to continue providing information on the measures taken to protect children, in particular girls, under 18 from trafficking for the purpose of sexual or other forms of exploitation and results attained.

Article 8. International cooperation. The Committee notes in the Government’s report that the implementation of the measures to combat trafficking in persons takes place in the framework of the Programme of Cooperation of the Member States of the Commonwealth of Independent States (CIS) on the Prevention of Trafficking in Persons 2007–10 (Programme of Cooperation). The basic executive programmes involve the member States of the CIS, their competent authorities, statutory organs and organs of sectoral cooperation of the CIS, the Inter-parliamentary Assembly of Member Nations of the CIS and the Executive Committee of the CIS. The Programme of Cooperation was driven by the need to increase the effectiveness of cooperation between the member States in combating contemporary challenges and threats to security. The Programme of Cooperation’s goal is to further improve cooperation between the member States, the activities of the statutory agencies and the sectoral cooperation organs in combating trafficking in persons. Its main tasks are:

(a)   increasing and strengthening the international framework of cooperation between the member States;

(b)   improving and harmonizing the national legislation;

(c)   carrying out agreed-upon legal, preventive and operational investigation measures and special operations;

(d)   cooperating on information and research;

(e)   cooperating in training of personnel; and

(f)    developing the skills of specialists.

The Programme of Cooperation is implemented in accordance with generally accepted principles and standards of international law and national legislation of the member States.

The Committee also notes that Belarus plays an active role on the international stage with proposals for coordinating international forces to combat trafficking in persons. At the 61st session of the UN Summit in New York in September 2005, the UN General Assembly adopted Belarus’ “Improving the coordination efforts against trafficking in persons.” In Minsk and New York, international conferences were held under the sponsorship of Belarus on problems of preventing trafficking of persons. A new international centre for the training, skills development and further training of staff in the field of migration and combating trafficking in persons, based on the progressive development of legislation, has been opened in the country in order to accumulate practical experience in Belarus on combating this problem and related crimes.

Part V of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical data in the Government’s report. The Committee notes that as the Criminal Code, 2005 version (Criminal Code) does not have retroactive effect and that section 181 “Trafficking in persons” was introduced in May 2005, crimes that would currently fall under the purview of this provision are still in the process of being tried under section 187 “Procurement of persons for exploitation” of the Criminal Code, 1999 version (Old Criminal Code). Section 181 of the Criminal Code classifies all crimes related to the purchase/sale, procurement, transport, transfer, harbouring or reception of persons for the purpose of exploitation committed after May 2005. Thus, both section 181 of the Criminal Code and section 187 of the Old Criminal Code are taken into account in the statistical data presented. In 2006, 64 crimes, 84 completed investigations and 20 convictions were recorded regarding section 181 of the Criminal Code “Trafficking in persons”. In 2007, for the same crime, there were 71, 51 and 26 crimes, completed investigations and convictions recorded, respectively. In the first five months of 2008, 45 crimes were recorded and 47 investigations completed. In 2006, under section 187 of the Old Criminal Code, there were 31, 17 and 11 recorded cases of crimes, completed investigations and convictions, respectively. In 2007, these numbers were 13, 14 and 13, respectively; for the first five months of 2008, four crimes were recorded and four investigations were completed. In 2006, there were seven, four and four recorded crimes, completed investigations and convictions, respectively, regarding Criminal Code section 182 “Abduction of persons” for exploitation. In 2007, these statistics were eight, eight and three; and for the first five months of 2008, two such crimes were recorded and four investigations completed. Section 187 of the Criminal Code “Illegal activity for the purpose of placement of citizens in employment abroad” is new. In 2006, 16 such crimes were recorded, ten investigations were completed, five convictions were handed down (of which none were custodial sentences). In 2007, there were four, four and two, respectively (with no custodial sentences); and for the first five months of 2008, there were ten recorded crimes and nine completed investigations.

Section 171 of the Old Criminal Code “Maintaining a brothel, procuring, pimping” has since been modified to “Use of prostitution or establishing the conditions for use of prostitution”. Taken together, in 2006, 115 such crimes were recorded and 117 investigations were completed; there were 73 convictions, including 54 custodial sentences. In 2007, there were also 115 such crimes recorded, 118 investigations and 43 convictions, including 36 custodial sentences. In the first five months of 2008, there were 59 and 42 recorded crimes and investigations completed, respectively.

Section 173 of the Old Criminal Code “Inducing juveniles to anti-social behaviour” has been largely replaced by section 171 “Inducing to prostitution or coercing to engage in prostitution”, paragraph 2 of which makes it a criminal offence when knowingly related to juveniles. Taken together, in 2006, 61 crimes were reported and 60 investigations completed; 14 convictions were handed down, including 11 custodial sentences. In 2007, there were 57 and 53 such crimes recorded and investigations completed, respectively, and 12 convictions, including nine custodial sentences. For the first five months of 2008, there were 19 and 14 crimes recorded and investigations completed, respectively. The Committee 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.