Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government concerning the wide range of legal measures taken by it recently to eliminate child labour, especially in its worst forms. It nevertheless considers that the law needs to be complemented by carefully designed and coordinated programmes of preventive and remedial measures that address the causes of the worst forms of child labour. The Committee consequently requests the Government to provide a general overview of any policy measures designed and implemented to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 181(1) of the Penal Code provides for the offence of trafficking in persons and defines this term as actions aimed at selling and purchasing or carrying out other transactions in respect of a dependent person in the form of his transfer or taking possession of him. This offence is punishable for a period of imprisonment of up to six years with or without the confiscation of property. Subsection 2(1) of section 181 provides for the aggravated offence of trafficking in a person "who is known to be a minor", with an increased period of imprisonment from a minimum of five to a maximum of ten years. By virtue of section 187(3) of the Penal Code, the offence of recruiting persons for sexual or other exploitation with the purpose of trafficking a victim outside the territory of the State is punishable by imprisonment for the period between three and ten years, with or without the confiscation of property. The Committee considers that the requirement of knowledge by the perpetrator that the person "is known to be a minor" in section 181 of the Penal Code is ambiguous. It therefore asks the Government to provide information on how the expression "known to be a minor" is interpreted and how section 181(2)(1) of the Penal Code is applied in practice.

2. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that according to section 128 of the Penal Code, slavery and bondage shall be punishable in the form of imprisonment for a period of seven to 25 years, or life imprisonment or capital punishment. It also notes that article 41 of the Constitution prohibits forced labour.

3. Corrective labour colonies. The Committee notes that in its report to the Committee on the Rights of the Child (CRC/C/65/Add.15, paragraph 282) in May 2002, the Government included information on juvenile justice. Juvenile convicts serve their sentences in corrective labour colonies (section 12 of the Corrective Labour Code). They have improved living conditions, better meals and are provided clothing and food free of charge (section 40 of the Corrective Labour Code). The Committee observes that the information provided by the Government in its report to the Committee on the Rights of the Child does not clearly indicate whether labour can be imposed on children in corrective labour colonies only after conviction in a court of law. The Committee reminds the Government that Article 2, paragraph 1, of Convention No. 29, provides that the term "forced or compulsory labour" means that all work or service which is exacted from any person under the menace of any penalty and for which that person has not offered himself/herself voluntarily. It also reminds the Government that Article 2, paragraph 2, of Convention No. 29, allows an exception to the general definition only for any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to provide further information on the rules governing the work performed by children under 18 years of age in corrective labour colonies and their application in practice. It also asks the Government to provide the text of the Corrective Labour Code concerning juveniles.

4. Compulsory recruitment of children for use in armed conflict. The Committee notes the information provided by the Government according to which section 136 of the Penal Code provides for criminal responsibility for the violation of the norms of international humanitarian law during an armed conflict. More specifically, section 136(5) of the Penal Code lays down that the recruitment of children below 15 years of age in the armed forces or allowing them to be engaged in military operations is punishable by five to 20 years’ imprisonment.

The Committee notes that section 136(5) of the Penal Code only prohibits the recruitment of children less than 15 years of age for use in armed conflict. It reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children younger than 18 for use in armed conflict, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests 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.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 173(1) of the Penal Code stipulates that involvement by an adult of a person "who is known to be under age" […] in prostitution […] shall be punished by detention for a period of up to six months, or by imprisonment for a period of up to three years. Section 173 of the Penal Code also provides liability for adults who involve minors in prostitution or use them for making pornographic productions, subject to a penalty of three to five years’ imprisonment. The Committee also notes the information provided by the Government in its first report that section 187(1) of the Penal Code provides for the offence of recruiting persons for sexual or other exploitation by way of deception, which is subject to detention for up to six months, limitation of freedom for up to three years, or imprisonment for the same period. Under subsection (2) of section 187, the same offence committed against a person "who is known to be a minor" is punishable by limitation of freedom for the period between two and five years, or by imprisonment for the same period. Moreover, section 205 of the Penal Code states that inciting a minor to engage in a criminal activity, drunkenness, begging, prostitution or gambling, and living off the earnings of a minor is punishable by deprivation of liberty for periods of up to five years. The Committee considers that the requirement of knowledge by the perpetrator in sections 173(1) and 187(2) of the Penal Code is ambiguous. It therefore asks the Government to provide information on how the expressions "known to be under age" and "known to be a minor" are interpreted and how sections 173(1) and 187(2) of the Penal Code are applied in practice.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 172 of the Penal Code stipulates that a person who compels an under-age person to commit a crime by making promises, deception or by any other way is subject to a penalty of imprisonment of up to five years. Subsection (2) of section 172 of the Penal Code lays down that, where violence, or a threat to use violence is used, or where a parent, educator or any other person in charge of educating an under-age person commits such an act, the penalty is from two to seven years’ imprisonment with deprivation of the right to occupy certain positions or carry out certain types of activity. Moreover, section 172(3) provides for a penalty of between five and eight years’ imprisonment where the child is involved in an act in an organized group, or where it involves a grave or heinous crime. The Committee also observes that under section 219 of the Penal Code, criminal liability is also incurred for the unlawful preparation, acquisition, possession, theft and sale of narcotic substances, for inciting others to use such substances and for organizing or maintaining unlawful establishments for the use of narcotic drugs The Committee reminds the Government that Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use, procuring or offering of a child less than 18 years for such illicit activities is covered by section 172 of the Penal Code.

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee notes that section 274(1) of the Labour Code prohibits the employment of persons less than 18 years of age in heavy work or work performed under hazardous or risky conditions, underground work and in mines. Section 274(1) of the Labour Code also prohibits minors from lifting or moving manually heavy loads of more than certain permissible maximum weights. In its report, the Government states that the rates for manual lifting and carrying of weights by young persons are established by Decision No. 116 of the Ministry of Labour of the Republic of Belarus of 18 December 1997. The Committee notes that section 274(2) of the Labour Code provides that a list of occupations in which persons under 18 years cannot be employed will be determined by the Government or by an authorized organ. In its report, the Government indicates that the list of occupations for which the employment of persons less than 18 years of age is prohibited, is approved by Decision No. 13 of the Ministry of Labour and Social Protection of 2 February 1995. Finally, the Committee also notes that section 117 of the Labour Code forbids night work for persons less than 18 years of age. It also notes that section 120 of the Labour Code forbids overtime for persons less than 18 years of age. The Committee requests the Government to provide copies of Decision No. 13 of 2 February 1995 and Decision No. 116 of 18 December 1997. It also requests it to indicate whether prior consultations were held with the organizations of employers and workers concerned in determining the types of hazardous work.

Paragraph 2. Identification of hazardous work. In its report, the Government indicates that the list of occupations for which the employment of persons less than 18 years of age is prohibited includes work in the following areas: metallurgical, oil, electric energy, microbiological and other branches of industry with hazardous and harmful working conditions. The Government also indicates that the participation of pupils under age in agricultural work, pursuant to the Regulations of Decision No. 860 of 9 June 1999, is prohibited. These mainly relate to areas of radioactive contamination (in connection with the Chernobyl disaster), as well as fertilizers and pesticides.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It notes that the list of the types of dangerous work so determined by section 274 of the Labour Code and Decisions Nos. 13 of 2 February 1995 and 116 of December 1997 was adopted before the ratification of the Convention. It draws the Government’s attention to Article 4, paragraph 3, of the Convention according to which the list of the types of hazardous work so determined by the national legislation, shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken or envisaged to review as necessary the list of hazardous work so determined, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its first report, the Government states that the system of state supervision and control over the observance of labour legislation includes authorized state bodies, operating in accordance with legislation. According to Decision No. 222 of 27 December 2001 of the Ministry of Labour and Social Protection of the Republic of Belarus, the State Labour Inspection Department of the Ministry of Labour and Social Protection is responsible for exercising state supervision and control over the observance of labour legislation, including the application of sanctions to employers and officials who commit violations. The Committee notes that in exercising state control and supervision, the authorized state bodies shall cooperate with each other, as well as with trade unions. The Committee asks the Government to provide information on the functioning of the State Labour Inspection Department of the Ministry of Labour and Social Protection, including any extracts of reports and documents. It also requests the Government to provide a copy of Decision No. 222 of 27 December 2001.

The Government also indicates that the National Council on Labour and Social Matters was created by Decree No. 278 of 15 July 1995 of the President of the Republic of Belarus. The Council includes, on a parity basis, the representatives of the Government and the associations of employers and trade unions. One of the functions of the National Council consists of the monitoring of the application of Conventions ratified by the Republic of Belarus. In August 2002, the National Council on Labour and Social Matters adopted a decision on the establishment of a standing tripartite group of experts on the application of international labour standards in the Republic of Belarus. The Committee requests the Government to provide information on the work of the National Council on Labour and Social Matters and any extracts or reports or documents prepared by it related to the elimination of child labour and a copy of Decree No. 278 of 15 July 1995. It also requests the Government to provide information on the work of the tripartite group of experts on the application of international labour standards, in particular on Convention No. 182.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that with a view to implementing state policy, aimed at ensuring the rights and interests of children, the National Commission on the Rights of the Child was established by Decree No. 106 of 18 March 1996 of the President of the Republic of Belarus. The Committee asks the Government to provide information on work of the Commission related to the worst forms of child labour. The Government also indicates the adoption of a state programme on comprehensive measures to combat trafficking in persons and the spreading of prostitution for 2002-07, by Decision No. 1636 of 8 November 2001 of the Council of Ministers of the Republic of Belarus. This programme provides rehabilitation measures for victims of all forms of violence, including trafficking in persons. The Committee requests 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.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that the National Commission on the Rights of a Child referred to in paragraph 1 above includes representatives of the Administration of the President of Belarus, the Government, the House of Representatives of the National Assembly, the Supreme Court, ministries, other national bodies of state administration, the Office of the General Prosecutor, local executive and steering bodies and voluntary associations dealing with issues of the protection of children’s rights. The Committee asks the Government to provide information on the manner in which the National Commission on the Rights of a Child and the National Council on Labour and Social Matters consult and cooperate on matters relating to child labour, in particular its worst forms. It also asks the Government to indicate the consultations, which have been held with employers’ and workers’ organizations in accordance with the provisions of Article 6, paragraph 2, of the Convention and if the views of other concerned groups have been taken into consideration on the state programme on comprehensive measures to combat trafficking in persons and the spreading of prostitution for 2002-07.

Article 7, paragraph 1. Penalties. As indicated under Article 3 of the Convention, the violations of the national legislation giving effect to Article 3(a) to (c) of the Convention constitute offences. Such offences carry penalties of fines and/or imprisonment. The Committee asks the Government to indicate how these sanctions are applied in practice. The Committee notes that, in accordance with section 465 of the Labour Code, legal and natural persons who are found guilty of violating labour legislation shall bear disciplinary, administrative, criminal and other responsibility under the legislation of Belarus. It also notes that, according to section 199 of the Penal Code, it provides sanctions and appropriate penalties for violators of the labour law. The Committee requests the Government to supply information concerning the practical application of section 465 of the Labour Code and section 199 of the Penal Code.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s first report on the existence of time-bound and effective measures: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to supply information on actions taken or envisaged, as required by Article 7, paragraph 2(c), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, further to the right to education declared under article 49 of the Constitution, every citizen of Belarus has the right to free education in accordance with section 3 of the law on education. The Government indicates that a reform of the education system is under way. The reform means that children will begin general primary education at 6 years and finish at 18. The minimum age for leaving school is 16 years which is in line with the age for admission to employment. The Government also indicates that, pursuant to the Ministry of Education, by its Order No. 743 of 14 December 1999, regulations have been approved regarding the State’s assistance in implementing children’s rights. In accordance with these regulations, some of the basic tasks of child protection agencies may relate to child labour. The Committee requests the Government to provide information on the impact of the reform of the education system in preventing the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its report, the Government indicates that there are 23 specialist centres of social support of families and children, and 56 territorial centres that operate within the framework of the Ministry of Labour and Social Protection. These centres perform individual and group preventive work with children who are in socially hazardous situations, as well as social and psychological rehabilitation and educational work aimed at strengthening the protection of the rights and interests of children. The Committee asks the Government to provide information on the results achieved by the specialist centres and territorial centres.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, in Belarus socio-economic hardship is increasing the vulnerability of adolescents and young people to HIV infection. Currently, 75.5 per cent of the reported HIV-positive cases are related to injecting drug use, but the proportion of sexually transmitted infections (STIs) is increasing. Belarus has made significant progress in addressing the epidemic by integrating HIV/AIDS as a cross-cutting theme into the broader development agenda. However, restraints and conditions on external development cooperation allocations limit opportunities for international support to HIV/AIDS. According to UNAIDS, there is an urgent need to expand the national response to HIV. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Take account of the special situation of girls. The Committee notes that in its concluding observations on the second periodic report of Belarus (CRC/C/15/Add.180, paragraph 51) in June 2002, the Committee on the Rights of the Child expressed its concern about the information that Belarus is a country of origin and transit for the trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee requests the Government to provide information on the measures taken or envisaged to protect girls from trafficking for the purpose of sexual or other forms of exploitation.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government has provided no information. However, it can be seen from other sections of the first report that the following authorities can apparently play a role in implementing the provisions of the Convention: the Department of the State Labour Inspection of the Ministry of Labour and Social Protection; the Council of Ministers; the Ministry of Agriculture and Food Industry; the National Council on Labour and Social Matters; the National Commission on the Rights of a Child. It therefore requests the Government to provide information on the methods by which each of the authorities listed supervise the implementation of the provisions of this Convention.

Article 8. International cooperation and/or assistance. The Committee notes that the Government has provided no information concerning this Article. The Committee notes that Belarus is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also notes that section 6(1) of the Penal Code provides for penal responsibility for acts committed outside the territory of Belarus on the following conditions: (1) the acts committed must be subject to legal sanctions pursuant to the domestic law of the territory in which they are committed; (2) the person or persons committing the act must not have been pursued subject to the domestic law of the territory in the act which was committed; and (3) any penalties imposed are subject to the Belarus Penal Code but must not pass the maximum penalty prescribed for in the domestic legislation where the act was committed. The Committee requests the Government to indicate whether section 6 of the Penal Code has been applied and, if so, to acts in which country.

Part III of the report form. Decisions taken by the courts. In its first report, the Government indicates that no decisions were taken by the courts on substantial issues in respect of the application of the Convention. The Committee encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the information provided by the Government in its first report that, in accordance with the report of the State Labour Inspection Department of the Ministry of Labour and Social Protection, in the first half of 2002, the state labour inspectors did not identify any violations of legislation ensuring application of the provisions of the Convention.

The Committee notes that in its concluding observations on the second periodic report of Belarus in June 2002 (CRC/C/15/Add.180, paragraphs 51 and 52), the Committee on the Rights of the Child noted that there is a lack of information and knowledge about the phenomenon of the trafficking of children and about problems such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, often related to trafficking. In light of Articles 32 to 36 of the Convention on the Rights of the Child, the Committee on the Rights of the Child recommended that Belarus: (a) undertake a study on the issue of trafficking and trafficking-related problems, such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, in order to assess their scope and causes, and develop and implement effective monitoring and other measures to prevent them; (b) combat and eliminate child trafficking, sexual exploitation, drug abuse and trade and economic exploitation, including by developing social integration programmes; and (c) develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against the Commercial Sexual Exploitation of Children. The Committee requests the Government to communicate information on the manner in which it proposes to resolve the difficulties indicated above in practice. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in Belarus, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Moreover, the Committee asks the Government to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions applied. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.