Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Serbia (Ratification: 2000)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) and the Trade Union Confederation ‘Nezavisnost’ (TUC Nezavisnost) communicated by the Government with its report.

Representation made under article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 347th Session (March 2023), declared receivable the representation made under article 24 of the Constitution by the Building and Wood Workers’ International (BWI) and the Trade Union of Construction and Building Material Industry Workers of Serbia, as well as the representation made by BWI, the Construction Labour Union and the Thamizhaga Kattida Thozhilalargal Mathiya Sangam, alleging non-observance by Serbia of a number of Conventions, including the Forced Labour Convention, 1930 (No. 29). Considering that these two representations concern similar issues, the Governing Body decided that they should be examined jointly by the same tripartite committee (GB.347/INS/19/4, and GB.347/INS/19/5,). The Committee observes that the allegations contained in the representations refer inter alia to abusive practices in the recruitment and conditions of employment of temporary migrant workers, the non-application of national legislation and the lack of monitoring. In accordance with its usual practice, the Committee has decided to suspend the examination of these issues until the Governing Body adopts its report on the representation.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In relation to the measures taken to strengthen the capacities of the law enforcement bodies, the Committee notes the Government’s information in its report on the work of the Public Prosecutor’s office concerning two cases of trafficking in persons for which criminal proceedings are pending before the Hight Court in Novi Sad and cases of labour exploitation in the agricultural sector, initiated in 2020 and 2021, which are still ongoing. The Committee notes that, in its observation, CATUS refers to the insufficient capacity of social protection institutions and labour inspection and stresses the need to: train labour inspectors on matters related to trafficking in persons for both sexual and labour exploitation; ensure mandatory cooperation with the police; harmonize legal regulations so that criminal responsibility can be determined for the perpetrators; and raise awareness of the population about this phenomenon.

The Committee also notes that according to the 2023 report of the Group of Experts against trafficking in human beings concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (GRETA) by Serbia, cases of trafficking in persons are often requalified as mediation in prostitution or another lesser offence, either due to a lack of knowledge regarding the distinction between these offences or because the lesser offence is easier to prove.

The Committee requests the Government to take the necessary measures to strengthen the capacities of the law enforcement bodies and the labour inspection services, including through appropriate training, to properly identify and promptly investigate cases of trafficking in persons, gather evidence and initiate prosecutions. It also requests the Government to provide information on the investigations carried out and the prosecutions initiated as well as on the convictions and specific penalties imposed under section 388 of the Criminal Code which criminalises trafficking in persons.

2. Protection and assistance to victims. The Committee notes that the Government indicates in its report that there has been an increase in the number of employees (18 to 24) in the Centre for the Protection of Victims of Human Trafficking which is the central institution for the identification and coordination of the protection of victims. In its report under Convention No. 182, the Government indicates that in 2022–22, the Shelter of the Centre for the Protection of Victims of Human Trafficking was licensed to provide housing services for a period of 5 years. The Shelter developed a unique system of working with victims facing a high degree of various risks. Beneficiaries were provided with an intensive support programme, which includes a wide range of activities aimed at their safety, recovery and empowerment, such as close cooperation with the police; access to justice including hiring a lawyer and preparing for testimony; health care; support in overcoming trauma; cooperation with civil society organizations; accommodation; and provisions for guardianship protection. The Committee also notes from the GRETA report that in the period from 2017 to 2022, there were a total of 320 formally identified victims of trafficking (including 250 female, 70 male and 150 children) and 367 presumed victims of trafficking. The GRETA report also indicates that there is still no state-funded accommodation for male victims of trafficking and that there is a lack of long-term support measures for victims of trafficking. The Committee further notes that the United Nations Human Rights Committee (HRC), in its 2024 concluding observations, expressed concern about the repeatedly insufficient resources allocated to ensure effective identification of and assistance to victims of trafficking and forced labour, including rehabilitation and reintegration support services (CCPR/C/SRB/CO/4). The Committee requests the Government to take the necessary measures to ensure that sufficient resources are allocated for the protection and assistance of victims of trafficking, including male victims. It also requests the Government to provide information on the measures taken in this regard, as well as data on the number of victims identified, the types of assistance and services provided to them and the number of persons who have benefited from such assistance and services.

Articles 1(1), 2(1). Imposition of work as a condition for maintaining entitlement to unemployment benefits. The Committee notes that in its observations CATUS indicates that temporarily unemployed persons lose their right to financial compensation under the compulsory social insurance system if they refuse the offer of a job that is considered a suitable job. However, in practice, these jobs are usually opposite to the type of job and the level of professional and educational skills of the beneficiary. Consequently, most of the unemployed young persons in Serbia are forced to accept any job in order to secure financial existence. Considering that the CATUS observations concern the notion of “suitable employment” in relation to unemployment benefits under the social insurance scheme, the Committee refers to its comments under the Social Security (Minimum Standards) Convention, 1952 (No. 102).