Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Serbie (Ratification: 2003)

Autre commentaire sur C182

Demande directe

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The Committee notes the observations of the Serbian Association of Employers (SAE), the Confederation of Autonomous Trade Unions of Serbia (CATUS), and the Trade Union Confederation “Nezavisnost” communicated with the Government’s report.

Article 4(1) of the Convention. Determination of hazardous work. The Committee notes with interest the adoption of the Regulation on determining hazardous work for children No. 53/2017 which sets out the hazardous types of work prohibited to children under 18 years of age. Schedule 1 of the Regulation No. 53/2017 lists the types of physical and chemical hazards exposure which is prohibited to children (such as extreme temperature, tobacco smoke, noise and radiation levels, vibrations that may damage the children’s health). Schedule 2 of the Regulation No. 53/2017 establishes the prohibited types of work performed in circumstances hazardous to children which include, among others, work underground, in confined spaces, at dangerous height or underground, work with dangerous machinery, overtime work, and road work. In addition, Schedule 3 of the Regulation No. 53/2017 lists the types of hazardous activities prohibited to children (for example, work in mining, certain activities in fishing, hunting and gambling). The Committee notes the observations of the SAE indicating the participation of social partners’ representatives in the elaboration of the Regulation No. 53/2017. The Committee further notes the statistical data provided by the Government in its report on the number of children engaged in the types of hazardous work prohibited by the Regulation No. 53/2017. The Committee requests the Government to continue to provide information on the application in practice of Regulation No. 53/2017, including the violations reported and penalties imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Trafficking and commercial sexual exploitation of children. Further to its previous comments, the Committee notes the adoption of the National Strategy for Prevention and Suppression of Human Trafficking, Especially Women and Children 2017–22 (the National Strategy 2017–22) and its Action Plan for the period of 2017–2018 on 4 August 2017. The Committee observes that the National Strategy 2017–22 and its Action Plan set out specific activities and tasks aimed at prevention, protection and social integration of child victims of trafficking and commercial sexual exploitation. The Committee requests the Government to provide information on the implementation of the National Strategy 2017-22 and its Action Plan and any results achieved in the elimination of trafficking and commercial sexual exploitation of children under the age of 18 years.

2. National Strategy for Preventing and Protecting Children from Violence. The Committee notes the adoption of the National Strategy for Preventing and Protecting Children from Violence 2020–23 No. 80 (the National Strategy 2020–23) and its Action Plan on 3 June 2020. The National Strategy 2020–23 provides for various measures and activities to prevent and protect children from any form of violence, including labour and sexual exploitation. The Government also indicates the establishment of the Inter-Ministerial Operational Team for the Protection of Children from Violence which shall ensure better coordination of different bodies responsible for the protection of children from violence. The Committee requests the Government to provide information on the implementation of the National Strategy 2020 – 23 and its Action Plan, in particular with regard to the impact on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and direct assistance for the removal of children from these worst forms and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that a Centre for the Protection of Victims of Human Trafficking (the Centre) is responsible for identifying and assessing the status of the victims of human trafficking. In 2015, 24 child victims of trafficking were identified by the Centre, including 18 girls and six boys. The Centre also coordinates with competent partners to provide systematic support on health and education to child victims of trafficking. The Committee however noted the absence of specialized shelters for child victims of trafficking.

The Committee takes note of the information provided by the Government concerning a number of activities and initiatives (such as the holding of workshops and the conduct of trainings in the educational institutions) undertaken by the relevant ministries and the Centre to prevent violence and discrimination against children, including trafficking of children. The Government further indicates that the first shelter for women and girls over the age of 16 years who are victims of human trafficking was opened in 2019. The Committee notes from the data provided by the Republic Institute for Social Protection (RISP) that 74 child victims of trafficking were identified in 2017. According to the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), during 2018, accommodation was provided to 28 children, in cooperation with centres for social work (CSWs) and NGOs.

The Committee notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations expressed concern at the absence of a system for providing specialized care, support and accommodation for child victims of trafficking (CRC/C/SRB/CO/2-3, para. 62). The Committee also notes that the document “Roadmap to Eliminate Child Labour, including its Worst Forms, in the Republic of Serbia: 2018–2022” (Roadmap) provides for activities and measures aimed at the enhancement of the system of social protection services relevant for detecting and protecting children from child labour, including human trafficking (such as expanding the children’s shelter and the day care services network). The Committee encourages the Government to continue taking measures to prevent trafficking in children. It requests the Government to continue to provide information on measures taken to strengthen the capacities of the Centre and other social institutions in the rehabilitation and social integration of child victims of trafficking. The Committee also requests the Government to provide information on the number of child victims of trafficking identified, and the types of assistance and services provided by the Centre and other social service institutions.

Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and identifying and reaching out to children at special risk. 1. Street children, especially Roma children. The Committee previously noted the Strategy for Social Inclusion of Roma 2016–25, which covers five priority areas, namely education, housing, employment, health and social protection, aimed at improving the social inclusion of Roma both at national and local level in a systematic and comprehensive way. The Committee also noted the programme of increased intensive treatment (IIT programme) carried out by the Institute for Children and Youth in Belgrade which targets children under 14 years of age with extreme psycho-physical difficulties. The Committee further noted two licensed inns for children living and working on the street.

The Committee notes the Government’s indication that 39 local self-government (LSG) units have implemented local action plans (LAPs) for social inclusion of Roma men and women under the Strategy for Social Inclusion of Roma Men and Women in Republic of Serbia 2016–25. In addition, 50 mobile teams for social inclusion of Roma men and women have been established in LSG units. The Government further indicates the new family outreach worker service and occasional foster care service targeting at the families in crisis. According to the data collected by the CSWs, in 2017, there were 393 children living and working on the street and 8 children were placed in drop-in centres for street children. In 2018, ten out of 11 children registered at the CSWs as victims of child labour were of Roma nationality.

The Committee notes that the CATUS’s observations relate to the remaining need to provide special shelters for children working on the streets and to ensure their social integration. The Committee also notes from the 2017 concluding observations of the CRC that the vast majority of persons not registered at birth declared themselves as Roma (CRC/C/SRB/CO/2-3, para. 30). The Committee requests the Government to pursue its efforts to take effective and time-bound measures to prevent and remove street children, especially Roma children, from the worst forms of child labour. The Committee also requests the Government to provide information on the rehabilitation and social integration of the street children, including the number of street children who have been provided with educational and vocational training opportunities.

2. Unaccompanied foreign children. The Committee notes from the Government’s report that according to the RIPS’s statistical data, there were 949 unaccompanied foreign children in 2017. The Committee also notes from the information provided in the Government’s report under the Forced Labour Convention, 1930 (No. 29), that services of professional guardians were used by two victims of human trafficking, an unaccompanied boy and girl.

The Committee notes from the 2017 concluding observations of the CRC that many unaccompanied children have to sleep on the streets in unsafe and unsanitary conditions due to the limited number of places in asylum centres or refugee camps (CRC/C/SRB/CO/2-3, para. 56). The CRC also expressed its concern at the absence of a proper identification procedure for unaccompanied refugee and asylum-seeking children. The Committee further notes the Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Serbia of January 2017 (GRETA(2017)37, para. 71) pointing out that unaccompanied children face risks of exploitation and trafficking. GRETA further indicates the delays in the appointment of guardians to unaccompanied children from the staff of the CSWs and insufficient training of guardians due to the lack of human resources and underfunding. The Committee requests the Government to strengthen its efforts to prevent and protect unaccompanied foreign children from the worst forms of child labour. It further requests the Government to provide information on the number of unaccompanied foreign children identified and the types of assistance and services provided by social service institutions.

Application of the Convention in practice. Trafficking and commercial sexual exploitation. The Committee previously noted that from 2014 to 2015, eight cases of abduction of minors under section 134 of the Criminal Code were reported. The Committee requested the Government to provide information on the number of child victims of trafficking involved in the cases filed under section 388 of the Criminal Code, as well as on the application of section 185 regarding the use of children in pornography.

The Government indicates that under section 388 of the Criminal Code, 21 persons were under investigation which resulted in ten indictments and six prison sentences in 2018. Under section 185 of the Criminal Code, in 2018, the total number of received reports for investigation was 16 which resulted in six indictments and two prison sentences. The Committee notes an absence of information relating to the number of child victims of trafficking involved in these cases. The Committee notes the CATUS’s observations pointing out that more efficient work of court authorities is needed on the application of sections 185 and 388 of the Criminal Code. The Committee requests the Government to continue to provide information on the application of sections 134, 185, and 388 of the Criminal Code in relation to children under 18 years of age, including the number of investigations, prosecutions, convictions and penalties applied.