Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 3(c) and 7(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 Government’s indication that organized and/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 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 to continue 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 welcomed the legislative provisions adopted by the Government to prevent child begging and to combat the handing over of minors to begging. However, it observed that, despite the measures taken, and even though these practices are prohibited by law, begging by children remains a serious concern in reality.

The Committee notes the Government’s indication that begging by minors is a complex problem, the solution to which must be found in a social approach rather than in the imposition of criminal penalties. The Government indicates that studies published by the Unit for the coordination of NGOs concerned with the rights of the child point out that minors who engage in begging are usually accompanied by their parents or other family members, often of Roma origin. Since these families are often not legally resident and fear expulsion from the country, they remain in groups for fear of being separated, and this often results in children begging with their parents. The Government provides information on the actions and initiatives adopted to tackle this problem. At the Public Prosecutor’s Office in Brussels, a working group has been established bringing together officials from the police, judiciary and social services, with a view to finding responses to begging involving Roma children and coordinating approaches among the different services. On the ground, the local police favours a social approach which seeks to point families in the direction of the services which specialize in providing assistance to the Roma community.

Articles 5 and 6. Monitoring mechanisms and programmes of action. Trafficking in human beings. In its previous comments the Committee noted that the Minister of Justice heads the Interdepartmental Unit for the Coordination of Action against 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 running of the Unit comes under the authority of the Bureau for Action against Trafficking in Human Beings (the Bureau), which brings together the key players involved in action against human trafficking. The Committee asked the Government to provide information on the impact of the measures taken by the Bureau and the Unit concerning the elimination of the trafficking of children.

The Committee notes with interest the Government’s indication that one of the main achievements of the Unit is the adoption of the National Plan of Action against trafficking in human beings (PAN), approved by the Federal Council of Ministers on 11 January 2008. The Committee observes that the Government undertakes, through the adoption of the PAN, to take measures up to 2016 aimed at legislative amendments in this sphere, prevention, protection of victims, prosecution of offenders, collection of information and decision-making. Still in the context of the PAN, a working group on the subject of “minors travelling alone” has been set up further to an investigation made by Child Focus and the federal judicial police at Brussels airport. This working group comprises various representatives from the competent federal departments, the police and non governmental organizations. The priorities of the working group consist of producing an organization chart of the relevant federal and community departments with a view to facilitating their interaction, the drafting of proposals for raising awareness and also the preparation of directives for collaborators in civil society to combat fraud in the use of authentic documents in connection with travel by minors. The Committee further notes the Government’s indication that the Bureau has proposed to launch an awareness-raising campaign in the medical sector, the objective of which is to draw attention to the phenomenon of trafficking in persons. This proposal was approved by the Unit in July 2011. Finally, the Committee notes the Government’s information to the effect that child victims of trafficking are given a residence permit for three months, during which they decide whether they wish to testify against their traffickers. Foreign children who are victims of trafficking are catered for in special centres for unaccompanied minors, which cooperate with the three other reception centres specializing in care for victims of trafficking.

Part V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the detailed statistics provided by the Government relating to offences involving child pornography and the procuring of minors. For example, the Government indicates that, according to data from the Board of Prosecutors-General, in 2008 a total of eight cases of procuring of minors and 636 cases of child pornography were recorded. In 2009, a total of 14 cases of procuring of minors and 596 cases of child pornography were recorded. The Government also indicates that the number of cases relating to these crimes has risen significantly since 2003–04, especially because of technological developments in digital imagery, which facilitates the exchange of pornographic material. Furthermore, the Committee notes that, in 2008, a total of 56 convictions, four acquittals and 29 suspended sentences were handed down by the Criminal Court of First Instance against offenders in the areas of child pornography and procuring of minors. In 2009, only two convictions and four suspended sentences were handed down. The Government indicates that several years may pass before a case registered with the Public Prosecutor’s Office is concluded in the criminal court.

According to data from the Criminal Policy Division of the Federal Justice Department, the number of convictions handed down for various offences in 2008 were as follows: 119 convictions in relation to pornography involving minors; 31 convictions for inciting minors to debauchery, corruption or prostitution; four convictions for inciting minors to debauchery, corruption or prostitution where the offenders, by negligence, were unaware that the victims were minors; five convictions for procuring, luring, abducting or retaining with a view to debauchery or prostitution; seven convictions for running a brothel where minors engage in prostitution; and seven convictions for exploiting debauchery or prostitution involving minors.

However, the Committee notes the Government’s indication that statistics concerning the sale and trafficking of minors are not available, since the statistics from the prosecutors’ offices relating to victims do not distinguish between adults and minors. The Committee requests the Government to continue to provide statistics on the nature, extent and trends of the worst forms of child labour and also to supply information on the number and nature of reported violations, investigations, convictions, prosecutions and criminal penalties imposed. All information provided should, as far as possible, be disaggregated by sex and age.