Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Macédoine du Nord (Ratification: 2002)

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Articles 3(a) and 7(1) of the Convention. Trafficking in children and penalties. Following its previous comments, The Committee notes that, according to the report of the Group of Experts on Action against Trafficking in Human Beings on North Macedonia of 2023 (GRETA report), and according to official statistics: (1) in 2017 one criminal charge was brought against a man for trafficking for the purpose of forced begging committed against a boy; (2) in 2018, there were two criminal charges against six persons (four women and two men) for trafficking for sexual and labour exploitation committed against three girls; (3) in 2019 there were three criminal charges brought against six persons (two women and four men) for trafficking for sexual exploitation and forced marriage committed against three girls; (4) in 2020 there was no criminal charge for human trafficking; and (5) in 2021 criminal charges were brought against three persons (one woman and two men) for child trafficking. None of these cases involved public officials or legal persons.

The GRETA report also contains information on the judgments issued and penalties applied in cases of child trafficking: between November 2017 and February 2022, 12 cases concerning child trafficking were dealt with by the Basic Criminal Court Skopje 1, and the sanctions imposed by the Court involved imprisonment ranging between four and 12 years. However, GRETA notes that in the majority of the child trafficking cases (7 out of 12), the sentences were well below the statutory minimum. The Committee requests the Government to pursue its efforts to combat trafficking in children, and to continue to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. It also requests the Government to provide information regarding the reasons why the penalties applied to perpetrators of child trafficking are often below the statutory minimum (as provided for pursuant to section 418(d) of the Criminal Code).

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that, with the support of the International Organization for Migration (IOM), five Mobile Teams continue to work on the identification of victims and potential victims of trafficking in Bitola, Gevgelija, Kumanovo, Skopje and Tetovo. Mobile Teams are composed of social workers, investigators and psychologists and are established in the five cities where trafficking has been found to be the most prevalent. They are the first to come into contact and receive information about potential victims of human trafficking. The Committee further notes, according to the Government’s information, that the National Commission for Combating Trafficking in Human Beings and Illegal Migration adopted a decision, in April 2022, to establish an Operational Team for coordination, monitoring and management of cases of human trafficking, formal identification of victims and their status (Operational Team). A Subgroup on Combating Child Trafficking was also established and developed an operational plan 2021–22. The Committee requests the Government to provide information on the activities carried out by the Mobile Teams, the Operational Team and the Subgroup on Combating Child Trafficking with regard to the monitoring of trafficking of children for labour and sexual exploitation. It requests the Government to provide information on the number of child victims of trafficking these bodies have identified, and on other results achieved.

Article 6. Programmes of action. Action Plan for Combating Trafficking of children. Following its previous comments, the Committee notes the Government’s information, in its report, that it has adopted the Strategy and Action Plan for Combating Trafficking in Human Beings and Illegal Migration (2021–2025). With regard to the implementation and assessment of the Strategy and Action Plan for Combating Trafficking in Human Beings and Illegal Migration (2021–25), the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).