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

Convention (n° 29) sur le travail forcé, 1930 - Fédération de Russie (Ratification: 1956)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Fédération de Russie (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. In 2010, the Committee expressed the firm hope that immediate steps would be taken towards the adoption of the draft Law on combating trafficking in persons.

The Committee notes with concern an absence of information on this point in the Government’s report. The Committee also notes that the Committee on Economic, Social and Cultural Rights (CESCR) in its concluding observations of 1 June 2011, encouraged the Government to adopt the comprehensive draft Law on combating trafficking in persons (E/C.12/RUS/CO/5, paragraph 23). The Committee therefore urges the Government to take measures to ensure that the draft Law on combating trafficking in persons is adopted in the near future. It requests the Government to provide information on progress made in this regard in its next report.

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, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation also reportedly took place; women were generally forced to work as prostitutes while men were trafficked into agricultural or construction work. The Committee also noted the Government’s indication in its 2007 report that detection of trafficking in persons cases had increased sixfold in three years. Furthermore, according to the 2009 ILO Global Report on forced labour, data from the Russian Federation indicated a steady increase in the number of identified persons trafficked for labour exploitation. The Committee therefore noted that, in spite of the legal prohibition of trafficking in persons, it remained a concern in practice, and it requested information on measures to combat this phenomenon.

The Committee notes the Government’s indication that, in addition to internal affairs institutions (including special departments dealing with trafficking), staff from the Federal Customs Service and the Federal Security Service have also been assigned to identify cases of trafficking. The Government further indicates that from March to August 2009, operational and preventive measures were carried out by the Ministry of Internal Affairs and the Federal Migration Service to counter illegal migration, including trafficking in persons. The Government states that this included investigations into 750 “job placement” organizations which act as intermediaries in the transfer of persons, including 107 model and marriage agencies and 544 tourist companies involved in the preparation of travel documents and visas.

The Committee also notes the information in the Government’s report that between 2004 and 2008, a number of organized criminal groups were identified which had been involved in recruiting Russian citizens to perform sexual services in countries of Western Europe, the Middle East, Africa, Asia and North America. The Government states that more than 25,000 cases of trafficking were identified in addition to over 15,000 perpetrators.

While welcoming the measures undertaken by the Government, the Committee notes an absence of information on the specific number of prosecutions, convictions or penalties applied in relation to the 25,000 trafficking cases that were identified. However, the Committee 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 Russian Federation, and that the country is a source, transit and destination country for trafficking in persons. CEDAW further expressed regret regarding the lack of disaggregated data on the number of victims of trafficking, and compensation received as well as statistics on complaints, investigations, prosecutions and penalties imposed on the perpetrators of such crimes (CEDAW/C/USR/CO/7, paragraph 26). Moreover, the Committee notes that the CESCR, in its concluding observations of 1 June 2011, expressed concern, in spite of the steps taken by the Government, about continued reports of trafficking in women and children for sexual exploitation and abuse (E/C.12/RUS/CO/5, paragraph 23). The Committee therefore requests the Government to pursue and further strengthen its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken. In this regard, the Committee requests the Government to take the necessary measures to provide appropriate training to law enforcement officials, border officials and the judiciary in order to strengthen their capacity to combat trafficking in persons. It also requests the Government to provide information on the application in practice of section 127.1 of the Penal Code, particularly the number of investigations, prosecutions, convictions and the penalties applied.

3. Protection and reintegration of victims. The Committee notes the Government’s statement that the majority of victims of trafficking in persons are women and girls from socially vulnerable segments of the population. The Government indicates that the Ministry of Health and Social Development, the guardianship authorities, the social services administration, and psychological assistance offices contribute to the social rehabilitation of victims of trafficking, and their subsequent integration into society. The Committee also notes that CEDAW, in its concluding observations of 10 August 2010, urged the Government to take measures to ensure that victims of trafficking are adequately protected and assisted, as well as to undertake efforts for their recovery and social integration (CEDAW/C/USR/CO/7, paragraph 27). The Committee requests the Government to continue to provide information on the measures taken to protect and assist the victims of trafficking with a view to facilitating their safe return and subsequent social reintegration.

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