Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the information provided by the Government in its first report. It requests the Government to supply information on the following points.

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (a). 1. Slavery, forced or compulsory labour. The Committee notes the absence of information in the Government report concerning this point. However, it notes that article 23 of the Constitution states that everyone has the right to lead a life in keeping with human dignity, which includes the right freely to choose a professional activity within the framework of a general employment policy aimed, amongst other things, at ensuring as stable and high a level of employment as possible and the right to fair employment conditions and remuneration. It notes, furthermore, that the Government informed the Human Rights Committee (CCPR/C/BEL/2003/4, pages 38 and 42) that there is no slavery in the traditional sense in Belgium.

2. Sale and trafficking of children. The Committee notes that, according to the Government, on 9 July 2004, the Council of Ministers approved a draft Bill to harmonize Belgian law with the relevant European directives and framework laws, as well as with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The aim of this draft Bill is to insert a new chapter into the Penal Code entitled "Trafficking in human beings" and to define trafficking in human beings. The Committee notes that section 77bis, paragraph 1, of the law of 15 December 1980 on the entry, stay or establishment of immigrants in the territory, as amended by the law of 13 April 1995, states that "any person contributing, in any way whatsoever, either directly or through an intermediary, to facilitating the entry or stay of an immigrant in the Kingdom and, in doing so: (1) employs, directly or indirectly, fraudulent methods, violence, threats or any form of duress with regard to the immigrant in question; or (2) takes advantage of an immigrant in a particularly vulnerable situation owing to his/her precarious or illegal administrative status, pregnancy, illness, infirmity or physical or mental deficiency" is committing an offence. The Committee trusts that the draft Bill on trafficking in persons will prohibit the sale and trafficking of children under 18, both within and outside the country. It requests the Government to supply information on the adoption of the draft Bill amending the Penal Code with regard to trafficking in persons and to provide a copy once it has been adopted.

3. Forced recruitment of children for use in armed conflict. The Committee notes that, according to the Government, compulsory military service was suspended by the law of 31 December 1992. This law amends the coordinated laws on the militia of 1962, prescribing that in future compulsory military service was only to apply to levies prior to 1994. Those persons currently affected by these laws are therefore over the age of 18. However, the Committee notes that, by virtue of section 2 of the coordinated laws on the militia of 1962, all Belgian citizens are obliged to complete military service and militiamen are included in the pool of recruits from 1 January of the year of their 17th birthday to the moment when they are incorporated into the army or they no longer have any military obligations. This pool of recruits can only be called up in time of war or when the national territory is under threat. The Committee also notes that, according to the Government, the coordinated laws on the militia have not been repealed and therefore remain in force. The Government adds that "these provisions could be given effect through a slight amendment to legislation". The Committee consequently notes that, as long as the coordinated laws on the militia are not repealed, 17 year olds may be recruited to participate in armed conflict. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no one under the age of 18 may be forced to participate in armed conflict.

Article 3, clause (b). 1. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that sections 100ter, 380(4) and 383bis of the Penal Code of 1867 (as amended by the law of 28 November 2000), prohibit a wide range of activities associated with prostitution and pornography, including the prohibition of the use, procuring or offering of minors under 18 for prostitution, for the production of pornography or for pornographic performances.

Article 3, clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to the Government, the draft Bill amending various provisions with a view to strengthening the fight against trafficking in human beings, adopted by the Council of Ministers on 9 July 2004, prohibits the recruitment, transportation, transfer, sheltering or reception of human beings with a view to compelling them to commit an offence or a crime. The Committee also notes that according to the Royal Decree of 31 December 1930 on the traffic in soporific and narcotic substances (as amended by the Royal Decree of 16 May 2003) it is prohibited to ask somebody to transport soporific and narcotic substances (section 13) or to transport such substances on behalf of a person not authorized to carry out such activities by virtue of the present Decree (section 14). The Committee requests the Government to supply a copy of the law aimed at strengthening the fight against trafficking in human beings as soon as it has been adopted.

Article 3(d) and Article 4, paragraph 1. 1. Hazardous work. The Committee notes that section 9 of the Employment Act of 1971 (as updated on 15 July 2004) states that young workers may not perform tasks beyond their strength, or that threaten their health or morals. Section 8 of the Royal Decree on the protection of young people at work of 3 May 1999 also prohibits the engaging of young people in work considered as hazardous. The Committee notes that, according to the Government, workers who have reached their majority (18) are no longer considered to be young workers. Under the terms of section 8(1) of the Decree, the following activities are considered to be hazardous: (i) those activities which are beyond the physical or psychological capacities of young people; (ii) those activities which involve exposure to toxic or carcinogenic agents, or agents causing hereditary genetic alterations, or having harmful effects on the foetus during pregnancy or having any other chronic harmful effect on human beings; (iii) those activities involving exposure to ionizing radiation; (iv) those activities presenting accident risk factors that young people, owing to their lack of safety awareness or experience or training, cannot identify or guard against; and (v) those activities which involve exposure to extreme temperatures (both hot and cold), or noise or vibrations. Those activities that are beyond the physical and psychological strength of young people are listed in the annex to the Royal Decree on the protection of young people at work which contains a detailed and non-restrictive list of biological and chemical agents, processes, types of work and premises prohibited to young workers. Moreover, section 8 of the Employment Act prohibits young workers from engaging in underground work in mines, mining and quarries. The Committee also notes that young workers are prohibited from engaging in night work (section 34bis(1) of the Employment Act). Finally, the Committee notes that, by virtue of section 1 of the law on the protection of children employed in itinerant occupations, of 28 May 1888, any person engaging children under the age of 18 in exercises involving dislocation, feats of strength or exercises which are dangerous, inhumane or which, by their nature, have an affect on health, is committing an offence.

2. Self-employed workers. The Committee notes that the Employment Act and the Royal Decree on the protection of young people at work of 1999, which prohibit the employment of young workers under the age of 18 to carry out hazardous work, only applies to workers and persons who have an employment contract and who engage in work under the authority of another person (section 1 of the Employment Act and section 1 of the Royal Decree). The Committee consequently notes that self-employed workers under the age of 18 do not enjoy the protection against hazardous work prescribed in the Royal Decree of 1999. The Committee accordingly requests 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 work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes that the Government report indicates that a "follow-up committee" has drawn up a list of the possible worst forms of child labour that might exist within the national territory. The Government adds that the organizations of employers and workers will be consulted concerning the action programmes or legal initiatives prescribed by the follow-up committee, following the identification of the worst forms of child labour. The Committee requests the Government to supply information on the conclusions of the follow-up committee concerning the identification of hazardous work.

Article 5. Mechanisms to monitor implementation of the provisions giving effect to the Convention. 1. Social Inspectorate. The Committee notes that, according to the labour inspection report for the June 2002 to May 2003 period, the fight against fraud and undeclared work constitutes one of the main tasks of the Social Inspectorate. By virtue of the Labour Inspection Act of 1976, as amended in 2003, the Social Inspectorate is entitled to issue warnings, to set a time period within which social legislation must be complied with and to draw up reports in cases of non-compliance. The Social Inspectorate is also responsible for informing the employers and the workers of the rules that are applicable with regard to social issues. The Committee notes that, according to the Social Inspectorate’s report, none of the violations recorded between June 2002 and May 2003 involve non-compliance with the provisions governing the work of persons under the age of 18. The Committee requests the Government to continue to supply information on the activities of the Social Inspectorate, especially with regard to violations of the national legislation giving effect to the Convention.

2. Monitoring of social legislation. The Committee notes that, according to the 2002-03 Social Inspectorate report, a collaboration protocol was concluded in May 2001 between the Federal Ministers of Employment and Social Affairs within the framework of the fight against people trafficking. This protocol covers the joint monitoring activities carried out by the Social Inspectorate and the monitoring of social legislation regarding the respect for social legislation in sectors where the risk of people trafficking is high. The designated national coordinators oversee the correct execution of planned monitoring actions within the six sectors designated as "sectors at risk", that is to say, exotic restaurants, contract cleaning operations, agricultural and horticultural enterprises, clothes recycling enterprises, garment factories and the prostitution sector. The Committee requests the Government to supply information on the results of monitoring activities carried out through the monitoring of the social legislation on the employment of children in the "sectors at risk" mentioned above.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action plan for disadvantaged children. The Committee notes the Government’s indication that, in April 2004, the Flemish Government implemented an Action Plan on the Rights of the Child, one of the aims of which is to apply a Flemish policy on poverty by focusing in particular on children and their rights. This policy on the fight against poverty is implemented through social activities supporting disadvantaged youth, as well as by developing support and assistance for families and providing equal education opportunities.

2. Trafficking of children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.178, 13 June 2002, paragraph 29) expressed its concern at the fact that trafficking of children for sexual or other kinds of exploitation remains a problem in Belgium. It also notes that, according to the study entitled "Joint East-West Research on Trafficking in Children for Sexual Exploitation in Europe: The Sending Countries" (2004, ECPAT with the support of the European Commission, pages 42, 45, 48, 49, 50 and 53), Belgium is a destination country for trafficked children. Trafficked children are generally between 13 and 18 years old and originate from Albania, Moldova, Romania and Ukraine. The vast majority of these children are brought into Belgium for prostitution, or to be used in the production of pornographic material. Other trafficked persons, especially the youngest, are also used for begging, forced labour or manual labour in agriculture. The study reveals that Moldovan children are recruited both by individuals and by legal entities, such as tourist, modelling or marriage agencies. Some trafficked Moldovan and Romanian children leave their countries of origin together with their own parents, or with the consent of the latter.

The Committee notes that, according to the Government, Belgium is actively combating trafficking in human beings. Thus, in December 2000, the Prime Minister created a "People Trafficking" Task Force which is responsible for determining an integrated policy composed of an administrative component, as well as taking into account social and penal legislation and assistance for victims. This Task Force is composed of representatives of the Ministries of Justice and of the Interior, the police, the public prosecutors, the Social Inspectorate and the Immigration Service. The Committee notes that this Task Force drafted the Royal Decree on the fight against trafficking in human beings that was adopted on 16 May 2004. This document establishes the Trafficking in Human Beings Information and Analysis Centre, the sole task of which is to combat people trafficking. The Centre’s job is to collect, centrally store, manage, transmit and analyse anonymous data useful in determining the strategies to be adopted (sections 13 and 14 of the Decree). The Committee requests the Government to supply information on the data gathered by the Centre and to indicate the strategies defined on the basis of this data to eliminate trafficking of children under the age of 18.

Article 7, paragraph 1. Penalties. The Committee notes that section 77bis, paragraph 1, of the law of 15 December 1980 on the entry, stay or establishment of immigrants in the territory, as amended by the law of 13 April 1995, provides for appropriate penalties regarding the violation of the provisions prohibiting the sale and trafficking of persons. Sections 380(4) and 383bis of the Penal Code also provide for appropriate penalties for violations of the provisions prohibiting the use, procuring or offering of children for prostitution, the production of pornography or for pornographic performances. The penalties laid down in section 53 of the Employment Act in the case of recruitment of children for hazardous work also appear to be dissuasive. The Committee requests the Government to supply information on the penalties imposed in practice, including penal sanctions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that, by virtue of section 1(1) of the law on compulsory schooling of 1983, schooling is compulsory for all persons aged between 6 and 18. Section 1(7) of that law provides that compulsory schooling of minors with foreign nationality shall begin on the 60th day after their registration in the aliens register. The Committee notes the Government’s indication that a new regulation has been implemented since the 2002-03 school year, on absence from school at primary and secondary school level. The aim of this regulation is to support the educational establishments that monitor absence from school, especially by supplying them with various instruments (such as standard letters to be sent to parents, the most frequently asked questions and their answers). Once problematic incidents of absence have been identified, educational establishments can implement policies of prevention and assistance. The Committee also notes that, according to the Government, the Flemish Government has implemented a number of what it calls "time-out" projects which are aimed at preventing young people threatened with exclusion, or who have already been excluded, from dropping out of school by assisting them for a certain period of time outside of school, so that they can be reintegrated into normal schooling.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that, according to the Government, three reception centres have been opened in the French-speaking part of Belgium, the Communauté Française, or French Community, to receive unaccompanied minors who are particularly at risk from the worst forms of child labour. One centre is reserved for child victims of trafficking. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour and received at the reception centres. It also requests the Government to supply information on the assistance provided by these reception centres.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that, in the French Community, young people who have been removed from the worst forms of child labour have access to the education system. In certain cases, the children will undergo transitional schooling aimed at "new arrivals". The Government adds that young people may receive study grants through the French Community, or general social security benefits. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour and having been integrated into the compulsory education system.

Clause (d). Children at special risk. 1. Child beggars. The Committee notes the Government’s indication that, following a study carried out in 2003 in the French Community regarding child beggars, concrete awareness, information and training activities have been set up for police officers to allow them better to take care of this at-risk population. The Government adds that there is a problem with organized or forced begging that involves children (often of Roma origin, or belonging to families in irregular situations) in cities. The Committee invites the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging.

2. Informal sector. The Committee notes that, according to the Government, the risk that children will become engaged in the worst forms of child labour only exists in the "grey" economy. Such children work clandestinely and in violation of the legal provisions. The Government adds that the sectors most commonly involved in the illegal and clandestine employment of children are the food industry, the hotel-restaurant-café business, the clothing industry (the existence of sweatshops), activities linked to prostitution and, to a lesser degree, agriculture and horticulture. The Committee invites the Government to implement a time-bound programme to ensure that children working in the informal sector do not engage in any work harmful to their health, safety or morals.

Clause (e). Special situation of girls. The Committee notes that, according to the Government, the measures taken regarding child labour apply to both girls and boys.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. 1. Federal Ministry of Employment and Labour. The Committee notes that the Government has designated the Federal Ministry of Employment and Labour as the competent authority for the implementation of the provisions giving effect to the Convention. The Committee requests the Government to supply information on the concrete measures taken by the Federal Ministry of Employment and Labour to ensure the implementation of the provisions giving effect to the Convention.

2. Interdepartmental Committee for the Coordination of the Fight against Trafficking in Human Beings. The Committee notes that an Interdepartmental Committee for the Coordination of the Fight against Trafficking in Human Beings was set up in 2004 to ensure efficient coordination between departments involved in the fight against trafficking in human beings in order to ensure a sustained policy in this field, to dismantle and eliminate the activities of the traffickers and their networks (Chapter II of the Decree of 16 May 2004). This committee is also responsible for the critical evaluation of the development of results in the field of the fight against trafficking in human beings. The Committee requests the Government to supply information on the reports compiled by the Interdepartmental Committee regarding the number of trafficked children under the age of 18, the types of activity they are engaged in and their countries of origin, as well as the effectiveness of the measures aimed at eliminating trafficking of children under the age of 18.

Article 8. Enhanced international cooperation and assistance. 
1. International cooperation. The Committee notes that Belgium ratified the Convention on the Rights of the Child in 1991; the Optional Protocol on the involvement of children in armed conflicts in 2002; the United Nations Convention Against Transnational Organized Crime in 2004; the Protocol to Prevent, Repress and Punish Trafficking in Persons, Especially Women and Children in 2004. In 2000, Belgium also signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

The Committee also notes that Belgium is a member of Interpol, which facilitates cooperation with other countries in the region, especially through the exchange of information that allows countries to combat the trafficking of children more effectively. Moreover, it notes that Belgium supports the ILO/IPEC and STEP (Strategies and Tools against social Exclusion and Poverty) programmes, especially those concerning Morocco.

2. Regional cooperation. The Committee notes that, according to the Government, Belgium chaired the negotiations on the European Convention against Trafficking in Human Beings that was adopted by the Committee of Ministers of the Council of Europe on 3 May 2005. This new treaty was signed by around 15 member states of the Council of Europe on the occasion of the Summit of Heads of State and Government of the Council of Europe, held in Warsaw on 16 and 17 May 2005. The aim of the treaty is to strengthen the rights of trafficked persons.

Part III of the report form. The Committee notes that, in its report, the Government indicates that there is, to date, no case law involving questions of principle concerning the application of the Convention, instances of the worst forms of child labour not being particularly widespread in Belgium. The Committee invites the Government to indicate any decision handed down by the law courts involving principles concerning the application of the Convention.

Part V of the report form. The Committee requests the Government to transmit statistics concerning the nature, extent and development of the worst forms of child labour, as well as information on the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed.