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

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

Article 3(c) and Article 7, paragraph 2(d), of the Convention. Use, procuring or offering of a child for illicit activities and effective time-bound measures. 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 and cities. The Committee noted the Government’s information to the effect that it intended taking specific action including awareness raising, information and training activities for the authorities and other players in direct contact with the groups concerned, and strengthening research into school education for child beggars, as an essential means for their integration.

The Committee notes from the Government’s report that the procuring, luring, abduction or retention of a minor with a view to handing him or her over to begging, or encouraging him or her to beg, or continuing to do so, or putting the minor at the disposal of a beggar for use by the latter to provoke pity on the part of the public, is prohibited (sections 433, 433ter and 433quater of the Penal Code). The Committee welcomes the legislative provisions adopted by the Government to prevent child begging and to combat the handing over of minors to begging. However, it observes that, despite the measures taken, and even though these phenomena are prohibited by law, begging by children remains a serious concern in practice. The Committee requests the Government to provide information on the application of these legislative provisions in practice and encourages the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging. The Committee also requests the Government once again to provide information on the time-bound measures taken in this regard.

Article 3(d). Self-employed workers. In its previous comments, the Committee noted that the Labour Act of 16 March 1971 (Labour Act) and the Royal Order of 3 May 1999 on the protection of young persons at work (Royal Order of 3 May 1999), which prohibit the employment of young workers under 18 years of age 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 Order of 3 May 1999). The Committee consequently observed that self-employed workers under 18 years of age do not enjoy the protection against hazardous work prescribed by 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 18 years of age from hazardous work. The Committee notes from the Government’s report that sections 2 and 8–10bis of the Labour Act prohibit young workers from performing certain kinds of work for health and safety reasons. The Committee notes that sections 8, 9 and 10 apply only to “young workers”, defined in section 2 as “young persons aged 15 or over who engage in work and for whom full-time school attendance is no longer compulsory”. The Committee also notes that, according to the Government’s indication, Belgian legislation prohibits young persons under 18 years of age to work on a self-employed basis. In fact, section 6 of the Commercial Code provides that certain specific acts (listed in sections 2 and 3 of the Commercial Code) “are not valid with regard to a minor. They shall be considered as civil acts.”

Article 5. Monitoring mechanisms. Trafficking of human beings. In its previous comments, the Committee considered that cooperation and exchange of information between the various players at local and national level dealing with the sale and trafficking of children were essential measures for preventing and eliminating commercial sexual exploitation. It therefore requested the Government to provide information on the measures taken to this end. The Committee notes from the Government’s report that the Minister of Justice heads the Interdepartmental Unit to Combat Trafficking in Human Beings (the Unit), to which the Criminal Policy Department (the Department) and the Federal Justice Department contribute. The Unit brings together all federal ministers who have competence in the area of the trafficking of human beings, as well as Child Focus (a non-governmental organization having particular responsibility for children who have disappeared or are being exploited) and the Equal Opportunities and Anti-Racism Centre. The day-to-day functioning of the Unit comes under the authority of the Bureau for the Combating of Trafficking of Persons (the Bureau). The Bureau, in turn, bring together the key players involved in combating the trafficking of persons: (a) the Federal Justice Department; (b) the Federal Department of the Interior; (c) the Federal Social Inspection Department and the Federal Department for the Monitoring of Social Legislation; (d) the Federal Department of Foreign Affairs; (e) the Federal Police; and (f) the Equal Opportunities and Anti-Racism Centre.

The Committee also notes the contents of the annex entitled “Trafficking of human beings”, which lays down six guiding principles for action to combat the trafficking of human beings, including: (a) establishing an appropriate legal framework and a clear definition of trafficking of human beings; and (b) the rights of children and young persons and the duty to protect them in action taken against the trafficking of human beings. The annex also lays down preventive measures and actions for protecting and assisting victims of this phenomenon. Finally, a number of strategies for investigation and prosecution are discussed. The Committee also notes the annex entitled “2006 report on the trafficking of persons: victims in the spotlight”, which provides an overview of the new legal provisions concerning the trafficking of human beings. The Committee requests the Government to continue providing information on the measures taken, particularly by the Bureau and the Unit, and the impact of these measures on the elimination of the trafficking of children under 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistics provided by the Government. It notes the figures for 2006 and 2007 concerning the number of children or young persons who were victims of human trafficking, divided by sectors of exploitation: in 2006, there were a total of 12 cases of exploitation for economic reasons, trafficking or prostitution; in 2007, there were nine cases. There was also one reported case of human trafficking for sexual exploitation in 2007. The Committee also notes that, further to the amendment of the 2005 Act on the trafficking of human beings, it is difficult to distinguish the statistics on child pornography from those relating to the trafficking of human beings for the purposes of child pornography. In 2006 and 2007, the number of reported cases for these crimes (taken as a whole) were 581 and 519, respectively. Moreover, the Committee notes the Government’s indication that the statistics relating to child prostitution (and other related crimes) are not always available since the data do not always contain the ages of the victims or of the perpetrators of these crimes; and where the age is indicated, it could be the age of either. Nevertheless, the number of cases in 2006 relating to incitement to debauchery/prostitution with respect to a sole deed and a sole perpetrator was nine, while 20 cases were detected in 2007. The Committee notes the statistics for the 2000–07 period relating to procuring of minors and child pornography; in 2006, the number of files opened was nine and 463, respectively, and in 2007 the number of cases reported were seven and 753, respectively. The Committee notes that with regard to the worst forms of child labour, and in particular the exploitation of begging, there were four reported cases in 2006 and six reported cases in 2007.

Furthermore, the Committee notes the statistics dating from 2000–05 concerning the number of convictions and prison sentences for the offence of “inciting to debauchery, corruption or prostitution of a minor”, divided by age group. The Committee also notes the data for 2000–05 concerning the number of convictions and prison sentences for the offence of “provoking the debauchery of a minor by means of words, gestures or signs”. In addition, the Committee notes the statistics for 2000–05 concerning the number of convictions and prison sentences for the offence “procuring, luring, abducting or retaining with a view to debauchery or prostitution”, divided by age group. Finally, the Committee notes the overview of current case law in the appendices which have been supplied. The Committee requests the Government to continue providing statistics relating to the nature, scope and trends of the worst forms of child labour and also information on the number and nature of offences reported, investigations, convictions, prosecutions and penalties imposed.