Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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 by law (pursuant to section 127.1 of the Criminal Code), it remains a source of serious concern in practice. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high prevalence of trafficking in the country, which is a source, transit and destination country for trafficking. Moreover, the Committee noted that the Committee on Economic, Social and Cultural Rights, expressed concern about continued reports of trafficking in women and children for sexual exploitation and abuse.

The Committee notes the information in the additional relevant information submitted by the Government in 2015 to the CEDAW regarding trafficking in persons that, in 2014, 25 offences under section 127.1 of the Criminal Code were reported, 33 cases were solved, 39 persons were found to have committed these offences, and 69 persons were identified as victims of trafficking. During the first six months of 2015, 14 cases of human trafficking were recorded. In this regard, the Committee requests the Government to pursue its efforts to ensure the elimination of the sale and trafficking of children and young persons under 18 years of age in practice, by ensuring that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed related to the sale and trafficking of children.

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 the Conference Committee on the Application of Standards at the 98th Session of the International Labour Conference (June 2009) called on the Government to take the necessary measures to ensure the adoption of the draft Law on combating human trafficking, which was under discussion and aimed to establish appropriate measures to ensure the legal protection and social rehabilitation for victims.

The Committee notes the Government’s information in its report that the Programme of Cooperation for 2014–18 among the member States of the Commonwealth of Independent States (CIS) contains a set of measures to combat human trafficking and assist victims. The Committee also notes that, according to the Government’s report submitted to the CEDAW of 4 August 2014 (CEDAW/C/RUS/8, paragraph 126), the Governmental Commission for the Prevention of Infringement of the Law ordered certain decisions related to victim protection, including a mechanism for registration of child victims, amendments to legislation that provides for state social assistance to victims, a project to provide medical and psychological assistance to witnesses and victims and training programmes for specialists in rehabilitation centres. The Governmental Commission also considered the possibility of opening a shelter for human trafficking victims in Moscow. The Committee requests the Government to strengthen its efforts to provide for the removal, rehabilitation and social reintegration of child victims of trafficking. The Committee also requests the Government to provide information on the concrete measures taken to provide assistance to child victims of trafficking and the results achieved in terms of the number of children who have been provided with assistance, particularly within the framework of the Programme of Cooperation for 2014–18 of the CIS. Lastly, the Committee requests the Government to take immediate steps to ensure that legislation on combating trafficking in persons is amended in the very near future to ensure the provision of legal protection and social integration services to child victims of trafficking.

Article 8. International cooperation and assistance. The Committee noted from the Government’s report under the Forced Labour Convention, 1930 (No. 29) that the Programme of Cooperation of the CIS has emphasized the need to join forces to increase the effectiveness of cooperation with non-governmental and international organizations. The Government’s report further indicated that the internal affairs agencies of the Russian Federation were continuously involved in a range of operational and preventive measures with the law enforcement bodies of foreign states in order to combat human trafficking. The Committee also noted the Government’s information on the investigations carried out by the Russian Ministry of Internal Affairs, together with the National Security Agency of Russia’s Interpol arm with the law enforcement agencies of Greece, Malta and the Republic of Moldova. These investigations resulted in the release of 300 young women who had been trafficked from Russia to Greece for sexual exploitation and the arrest of 19 members of a transnational group; eight criminal prosecutions against the members of a transnational group involved in trafficking of women to Malta; and the arrest of two Moldovan citizens for trafficking six Moldovan women to Moscow.

The Committee notes the Government’s information in its report that, besides the implementation of the Programme of Cooperation for 2014–18 among member states of the CIS, meetings of working groups and consultations in this regard were also held within other multilateral settings, such as the Collective Security Treaty Organization (CSTO) and the Council of the Baltic Sea States (CBSS). Combating trafficking in persons is also a priority of standing working groups in bilateral police cooperation (e.g. Russian–Israeli, Russian–German and Russian–Austrian groups). The operations of liaison officers accredited at embassies in Moscow and abroad, as well as the use of Interpol resources, allow the speeding up of information exchange and the improvement of cooperative actions. In 2016, the Ministry of Internal Affairs, jointly with the Federal Security Service, the Financial Monitoring Service and the Investigative Committee, planned the execution of a set of investigations and special operations in collaboration with competent authorities of member States of the CSTO to suppress trafficking in persons. While taking note of the measures taken by the Government, the Committee strongly encourages the Government to strengthen 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 within the framework of the Programme of Cooperation of the CIS and other initiatives, and on the results achieved.

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