Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that while child trafficking is prohibited in law (pursuant to section 127.1 of the Criminal Code), it remains a source of serious concern in practice. In this regard, the Committee noted that, according to the International Trade Union Confederation, thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also reportedly taking place and cases have been confirmed of children being trafficked for sexual exploitation. The Committee also noted that, according to the report of 24 January 2007 of the UN Special Rapporteur on the sale of children, child prostitution and child pornography in Ukraine (A/HRC/4/31/Add.2, paragraphs 48–49), the Russian Federation is also a destination country for boys and girls between 13 and 18 years of age trafficked from Ukraine, for exploitation in street vending, domestic labour, agriculture, dancing, employment as waiters/waitresses or for the provision of sexual services. The Committee further noted the Government’s indication that in 2008 the courts examined the cases of five persons involved in three instances of the trafficking of minors. In this respect, the Committee observed that the number of cases involving the trafficking of children reported by the authorities remained low.

The Committee notes the information in the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29) that, in 2009, 66 offences were recorded of the trafficking of minors (section 127.1(2)(b) of the Criminal Code), and 67 persons were found to have committed these offences. It also notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 10 August 2010, expressed concern at the high prevalence of trafficking in the country, which had increased more than sixfold during the reporting period. The CEDAW also noted with concern that the Russian Federation is a source, transit and destination country for trafficking and expressed regret regarding the lack of disaggregated data on the number of victims of trafficking, including minors (CEDAW/C/USR/CO/7, paragraph 26). Moreover, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 June 2011, expressed concern about continued reports of trafficking in women and children for sexual exploitation and abuse (E/C.12/RUS/CO/5, paragraph 23). The Committee expresses its deep concern that the trafficking of children for economic or sexual exploitation remains a serious problem in practice. It therefore urges the Government to take immediate and effective measures to combat and eliminate the trafficking of children under 18 years of age, without delay. In this respect, the Committee requests the Government to take the necessary measures to ensure that perpetrators of child trafficking are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the sale and trafficking of children. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that a draft Law on combating human trafficking, which aimed to establish appropriate measures to ensure the legal protection and social rehabilitation for victims, was under discussion in the Duma Commission on Family Issues for Women and Children. However, the Committee also noted the indication by the Worker members of the Conference Committee on the Application of Standards at the 98th Session (June 2009) of the International Labour Conference that the draft Law on combating human trafficking appears to be suspended since 2006. The Committee further noted that the Conference Committee on the Application of Standards called on the Government to take the necessary measures to ensure the adoption of the draft Law on combating human trafficking. The Committee requested information on the number of child victims of trafficking who had benefited from appropriate services for their rehabilitation.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the Human Rights Committee, in its concluding observations of 24 November 2009, expressed concern about the notable lack of recognition of the rights and interests of trafficking victims in the counter-trafficking efforts of the Government (CCPR/C/RUS/CO/6, paragraph 18). Therefore, the Committee requests the Government to strengthen its efforts to provide for the removal, rehabilitation and social reintegration of child victims of trafficking. It requests the Government to provide information on the effective and time-bound measures taken in this regard in its next report, and on the number of children who have benefited from the appropriate services provided. Lastly, the Committee requests the Government to take immediate steps to ensure that the draft Law on combating human trafficking is adopted in the very near future to ensure the provision of rehabilitation and social integration services to child victims of trafficking.

Article 8. International cooperation and assistance. The Committee previously noted that the Ministry of the Interior had drafted a cooperation agreement between the Ministries of the Interior (police) of the member countries of the Commonwealth of Independent States (CIS) to combat the trafficking of persons. It requested information on the international cooperation measures taken to eliminate the cross-border trafficking of children.

While noting the absence of information from the Government on this point, the Committee notes that the Human Rights Committee, in its concluding observations of 24 February 2009, welcomed the international cooperation measures undertaken by the Government to combat trafficking (CCPR/C/RUS/CO/6, paragraph 18). In this regard, the Committee notes the information from the International Organization on Migration that it is carrying out several projects in the country, including one entitled “Preventing and counteracting trafficking in human beings in the Russian Federation”. The Committee also notes that in December 2010, the President signed the CIS Programme to Combat Human Trafficking for 2011–13, which outlines commitments to form a national anti-trafficking structure and fund NGOs to provide victim protection. Considering that the sale and trafficking of children continues to be a matter of serious concern in the country, the Committee urges the Government to pursue its international cooperation efforts to combat and eliminate the trafficking of children. It requests the Government to provide information on specific measures taken in this regard, and on the results achieved.

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