Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Ukraine (Ratification: 1956)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Prevention and law enforcement. The Committee previously noted the adoption of the Law on Combating Trafficking in Human Beings in 2011, and requested information on its application.

The Committee notes the information in the Government’s report that, pursuant to section 149 of the Criminal Code (on trafficking), there were 197 cases opened in 2011, 155 cases opened in 2012 and 71 cases opened in the first six months of 2013. With regard to prevention, the Government indicates that it has implemented measures to raise public awareness concerning forms of human trafficking frequently encountered in Ukraine, including through public advertisements, media events, interviews for newspaper, radio and television, the dissemination of information on websites, public awareness events and seminars and advisory services for persons who are looking to work abroad. The State Border Guard Administration is engaged in efforts to combat trafficking in persons, a national hotline on trafficking in persons has been established and the Government continues to collaborate with both the International Organization for Migration and the Organization for Security and Co-operation in Europe to combat the phenomenon.

While taking note of the measures taken, the Committee notes the Government’s statement, in a report submitted to the Committee on the Elimination of Discrimination against Women, of 19 September 2012, that trafficking in persons, especially women and children, is a pressing problem for Ukraine (CEDAW/C/UKR/CO/7/Add.1, paragraph 1). The Committee further notes that the Human Rights Committee, in its concluding observations dated 22 August 2013, noted with appreciation the Government’s efforts in preventing and combating trafficking in persons, but also expressed concern regarding the persistence of trafficking in the country (CCPR/C/UKR/CO/7, paragraph 16). The Committee urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard. Noting that the information provided only relates to the number of cases opened, the Committee requests the Government to provide information on the number of convictions under section 149 of the Criminal Code, as well as the specific penalties applied to those convicted. Lastly, it requests the Government to provide information on the implementation of the Law on Combating Trafficking in Human Beings with regard to prevention and law enforcement measures.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s indication that it has approved systematic recommendations for providing social services to victims of human trafficking, and that its new approach involves the broad involvement of non-governmental and international organizations in assisting and protecting victims. Moreover, the country has 21 social and psychological help centres which can provide comprehensive emergency assistance to facilitate the recovery of victims, including medical, educational and legal services. The Ministry of Social Policy has been given the task of establishing the status of victims of trafficking and to provide financial assistance to such victims. The Government indicates that while 60 victims of human trafficking were identified in the first half of 2013, only 38 persons (15 women, 19 men and four children) were granted the status of a victim of trafficking between September 2012 and July 2013, based on applications received. Since July 2012, 23 persons have received lump-sum assistance available for victims of trafficking. Taking due note of the measures implemented by the Government, the Committee requests the Government to pursue its efforts to identify victims of trafficking and to ensure that all such victims are provided with appropriate protection and assistance. It requests the Government to continue to provide information on measures taken in this regard, including the implementation of protection measures provided for in the Law on Combating Trafficking in Human Beings in 2011, as well as the number of persons benefiting from available services.

The Committee is raising other points in a request addressed directly to the Government.