Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Russian Federation (Ratification: 1956)
Protocol of 2014 to the Forced Labour Convention, 1930 - Russian Federation (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework. The Committee previously noted that section 127.1 of the Penal Code prohibits trafficking in persons. It also noted the Government’s indication in its 2008 report that a draft text of the law on combating trafficking in persons had been finalized and submitted to the State Duma of the Russian Federation. The Committee noted that there was no special instrument to govern matters relating to combating human trafficking and defending the rights of victims. The Committee expressed the firm hope that the Government would pursue its efforts to strengthen the legal framework to combat trafficking in persons, including through the adoption of the draft law on combating trafficking in persons.

The Committee notes the Government’s indication in its report that in 2003, criminal liability was introduced for the purchase and sale of human beings and other transactions with respect to a person, as well as recruiting, carriage, transfer, concealment or receiving (section 127.1 of the Penal Code) and for the deed of the use of slave labour (section 127.2 of the Penal Code). The Committee also notes the Government’s indication that the Code of Administrative Offences establishes administrative liability for a number of offences relating to the exploitation of persons under sections 6.11, 6.12, 18.10, 18.13 and 18.4 which deal with prostitution, illegal transportation of individuals, illegal activities and illegal employment of foreign workers.

The Committee observes, however, an absence of information on measures taken to strengthen the legal framework to combat trafficking in persons. Moreover, it notes that in its concluding observations on the eight periodic report of the Russian Federation of 20 November 2015, the UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expresses its concern regarding the absence of a coordinating body and the lack of coordination among the relevant state structures to combat trafficking in persons (CEDAW/C/RUS/CO/8, paragraph 25). The Committee reminds the Government of the need to adopt appropriate legislation in order to effectively counteract trafficking in persons. It therefore once again requests the Government to take the necessary measures to strengthen the legal framework to combat trafficking in persons, including through the adoption of the draft law on combating trafficking in persons. It also requests the Government to ensure better coordination among the relevant State structures with a view to combating trafficking in persons effectively.

2. Law enforcement. In its previous comments, the Committee noted the communication from the International Trade Union Confederation (ITUC), according to which thousands of persons were trafficked from the Russian Federation to other countries, and internal trafficking within the Russian Federation also took place. Women were generally forced to work as prostitutes while men were trafficked into agricultural or construction work. The Committee urged the Government to strengthen its efforts to identify, prevent, suppress and combat trafficking in persons and to continue to provide information on the measures taken. The Committee requested the Government to pursue its international cooperation efforts to this end and to take measures to further strengthen the capacity of law enforcement officials. Finally, it requested the Government to continue to provide information on the application in practice of section 127.1 of the Penal Code, particularly the number of investigations, prosecutions and convictions.

The Committee notes the Government’s indication that the official operations of the law enforcement agencies against human trafficking reveals that, in recent years, the number of recordable crimes under sections 127.1 (trafficking in human beings) and 127.2 (use of slave labour) of the Penal Code has remained relatively stable. According to the Government, the proportion of crimes committed under sections 127.1 and 127.2 of the Penal Code is less than one thousandth of 1 per cent of the total number of crimes recorded on the territory of the Russian Federation. The Committee notes that the data of the Prosecutor General provided in the Government’s report shows that in 2015 there were 37 recorded crimes under section 127.1, 26 cases were referred to the courts by the prosecutors and 54 offenders were discovered. The Committee takes note from the Government’s report of the strengthening and expansion of cooperation between the Commonwealth of Independent States (CIS) member States for action against human trafficking. The Committee also notes the Government’s information that, besides the implementation of the Programme of Cooperation for 2014–18 among CIS member States, the internal affairs agencies of the Russian Federation are constantly undertaking a series of operational and search initiatives and special operations for the prevention and detection of crimes in the sphere of human trafficking. Thus, the measures taken from June 2014 to September 2014 led to the discovery of 128 human trafficking channels including 51 connected with sexual exploitation.

Furthermore, the Committee notes in the concluding observations of 20 November 2015 that the CEDAW is concerned by the lack of information on the number of complaints, investigations, prosecutions and convictions relating to trafficking in women (CEDAW/C/RUS/CO/8, paragraph 25). While taking note of the measures taken by the Government, the Committee urges the Government to strengthen the capacities of law enforcement bodies, to ensure that they are provided with appropriate training to improve identification of victims of trafficking, paying special attention to the situation of women victims of trafficking for sexual exploitation, and to conduct investigations throughout the territory. It also requests the Government to strengthen its international cooperation efforts to combat trafficking in persons and to provide information on specific measures taken in this regard. Lastly, the Committee requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and on the specific penalties applied to persons convicted under sections 127.1 and 127.2 of the Penal Code.

3. Protection and reintegration of victims. The Committee previously requested the Government to pursue and strengthen its efforts to identify victims of trafficking and to provide them with appropriate protection and assistance. It requested the Government to continue to provide information concerning measures taken in this regard, including the number of persons benefiting from available services.

The Committee notes that the Government indicates that there are two aspects of the system of protection of victims. First, there is the protection of all persons who have suffered from human trafficking, which is based on universal standards of human rights and freedoms. The second protection, according to the Government, concerns purely the persons who have been victims of human trafficking and who cooperate with law enforcement agencies in the detection and investigation of the crime. The Committee notes that Federal Act No 119-FZ of 20 August 2004 of the State of Protection of Victims, Witnesses and Other Participants of Criminal Proceedings was adopted in the Russian Federation and that a State Programme for ensuring the safety of victims, witnesses and other participants of criminal proceedings was approved. The Committee notes the Government’s indication that the present body of law enables a set of measures to be taken to protect this category of persons who have become victims of human trafficking.

The Committee also notes that the CEDAW has expressed its concern at the lack of information on support and rehabilitation programmes for victims of trafficking. The Committee once again requests the Government to strengthen its effort to provide victims of trafficking with appropriate protection and assistance such as shelters, crisis centres and reintegration programmes. It also requests the Government to provide statistical data on the number of victims identified and provided with appropriate protection and assistance.

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