Worst Forms of Child Labour Convention, 1999 (No. 182) - Belgium (Ratification: 2002)

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

The Committee notes the joint observations of the Confederation of Christian Trade Unions (CSC), the General Labour Federation of Belgium (FGTB) and the General Confederation of Liberal Trade Unions of Belgium (CGSLB), received on 30 August 2024.

Article 5 of the Convention. Monitoring mechanisms. Child Labour Advisory Council. The Committee welcomes the decision of 26 March 2024 of the National Labour Council, referred to by the Government in its report on the Minimum Age Convention, 1973 (No. 138), to activate the Child Labour Advisory Council, as provided for by the Act of 16 March 1971. The mandate of the Advisory Council is to: (1) give opinions to the labour minister and the competent officials on proposals relating to general child labour issues, either on its own initiative or at their request, in the form of reports expressing the different views expressed in the Council; (2) provide an opinion to the competent official, at his/her request, at the time of examination of the individual work exemption request and its subsequent monitoring when granted; (3) collate documentation relating to child labour; (4) coordinate, follow up and evaluate research in the area of child labour; and (5) draw up an annual report on these activities and on the application of the legislation on child labour, to be forwarded to the labour minister and the National Labour Council. The Committee notes that the CSC, FGTB and CGSLB ask in their joint observations that all issues and all relevant reports of the Child Labour Advisory Council relating to the application of the Convention be submitted to the Committee. The Committee requests the Government to provide information on the operation of the Child Labour Advisory Council and on its activities connected with the prevention and elimination of the worst forms of child labour. The Committee also requests the Government to provide copies of the annual reports of the aforementioned Council.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Unaccompanied migrant and refugee children. The Committee notes the indication in the Government’s report that unaccompanied foreign minors are assigned a specially trained mentor, including on human trafficking issues. The Government also refers to the publication of two brochures explaining the risks of exploitation and/or trafficking and highlighting indicators of trafficking in minors. The first brochure is intended for frontline actors working with Ukrainian minors and the second is intended for Ukrainian minors themselves and is translated into German, English, Russian and Ukrainian. The Committee notes that the CSC, FGTB and CGSLB in their joint observations: (1) express regret that there has been no consultation of the social partners on this matter; and (2) ask for cooperation in this area to be organized in a more structured, ongoing manner between the Government and the social partners. The Committee requests the Government to provide its comments in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3(c) and 7(2)(d) of the Convention. Use, procuring or offering of a child for illicit activities and effective time-bound measures. Children at special risk. Child beggars. In its previous comments the Committee noted the Government’s indication that organized and/or forced begging involving children (often of Roma origin or belonging to families who are not legally resident in the country) exists in the larger towns and cities. The Committee noted that the procuring, luring, abduction or retention of a minor with a view to handing him or her over to begging, or encouraging him or her to beg or to continue to do so, or putting the minor at the disposal of a beggar for use by the latter to provoke pity on the part of the public, is prohibited (sections 433, 433ter and 433quater of the Penal Code). The Committee welcomed the legislative provisions adopted by the Government to prevent child begging and to combat the handing over of minors to begging. However, it observed that, despite the measures taken, and even though these practices are prohibited by law, begging by children remains a serious concern in reality.

The Committee notes the Government’s indication that begging by minors is a complex problem, the solution to which must be found in a social approach rather than in the imposition of criminal penalties. The Government indicates that studies published by the Unit for the coordination of NGOs concerned with the rights of the child point out that minors who engage in begging are usually accompanied by their parents or other family members, often of Roma origin. Since these families are often not legally resident and fear expulsion from the country, they remain in groups for fear of being separated, and this often results in children begging with their parents. The Government provides information on the actions and initiatives adopted to tackle this problem. At the Public Prosecutor’s Office in Brussels, a working group has been established bringing together officials from the police, judiciary and social services, with a view to finding responses to begging involving Roma children and coordinating approaches among the different services. On the ground, the local police favours a social approach which seeks to point families in the direction of the services which specialize in providing assistance to the Roma community.

Articles 5 and 6. Monitoring mechanisms and programmes of action. Trafficking in human beings. In its previous comments the Committee noted that the Minister of Justice heads the Interdepartmental Unit for the Coordination of Action against Trafficking in Human Beings (the Unit), to which the Criminal Policy Department (the Department) and the Federal Justice Department contribute. The Unit brings together all federal ministers who have competence in the area of the trafficking of human beings, as well as Child Focus (a non-governmental organization having particular responsibility for children who have disappeared or are being exploited) and the Equal Opportunities and Anti-Racism Centre. The day-to-day running of the Unit comes under the authority of the Bureau for Action against Trafficking in Human Beings (the Bureau), which brings together the key players involved in action against human trafficking. The Committee asked the Government to provide information on the impact of the measures taken by the Bureau and the Unit concerning the elimination of the trafficking of children.

The Committee notes with interest the Government’s indication that one of the main achievements of the Unit is the adoption of the National Plan of Action against trafficking in human beings (PAN), approved by the Federal Council of Ministers on 11 January 2008. The Committee observes that the Government undertakes, through the adoption of the PAN, to take measures up to 2016 aimed at legislative amendments in this sphere, prevention, protection of victims, prosecution of offenders, collection of information and decision-making. Still in the context of the PAN, a working group on the subject of “minors travelling alone” has been set up further to an investigation made by Child Focus and the federal judicial police at Brussels airport. This working group comprises various representatives from the competent federal departments, the police and non governmental organizations. The priorities of the working group consist of producing an organization chart of the relevant federal and community departments with a view to facilitating their interaction, the drafting of proposals for raising awareness and also the preparation of directives for collaborators in civil society to combat fraud in the use of authentic documents in connection with travel by minors. The Committee further notes the Government’s indication that the Bureau has proposed to launch an awareness-raising campaign in the medical sector, the objective of which is to draw attention to the phenomenon of trafficking in persons. This proposal was approved by the Unit in July 2011. Finally, the Committee notes the Government’s information to the effect that child victims of trafficking are given a residence permit for three months, during which they decide whether they wish to testify against their traffickers. Foreign children who are victims of trafficking are catered for in special centres for unaccompanied minors, which cooperate with the three other reception centres specializing in care for victims of trafficking.

Part V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the detailed statistics provided by the Government relating to offences involving child pornography and the procuring of minors. For example, the Government indicates that, according to data from the Board of Prosecutors-General, in 2008 a total of eight cases of procuring of minors and 636 cases of child pornography were recorded. In 2009, a total of 14 cases of procuring of minors and 596 cases of child pornography were recorded. The Government also indicates that the number of cases relating to these crimes has risen significantly since 2003–04, especially because of technological developments in digital imagery, which facilitates the exchange of pornographic material. Furthermore, the Committee notes that, in 2008, a total of 56 convictions, four acquittals and 29 suspended sentences were handed down by the Criminal Court of First Instance against offenders in the areas of child pornography and procuring of minors. In 2009, only two convictions and four suspended sentences were handed down. The Government indicates that several years may pass before a case registered with the Public Prosecutor’s Office is concluded in the criminal court.

According to data from the Criminal Policy Division of the Federal Justice Department, the number of convictions handed down for various offences in 2008 were as follows: 119 convictions in relation to pornography involving minors; 31 convictions for inciting minors to debauchery, corruption or prostitution; four convictions for inciting minors to debauchery, corruption or prostitution where the offenders, by negligence, were unaware that the victims were minors; five convictions for procuring, luring, abducting or retaining with a view to debauchery or prostitution; seven convictions for running a brothel where minors engage in prostitution; and seven convictions for exploiting debauchery or prostitution involving minors.

However, the Committee notes the Government’s indication that statistics concerning the sale and trafficking of minors are not available, since the statistics from the prosecutors’ offices relating to victims do not distinguish between adults and minors. The Committee requests the Government to continue to provide statistics on the nature, extent and trends of the worst forms of child labour and also to supply information on the number and nature of reported violations, investigations, convictions, prosecutions and criminal penalties imposed. All information provided should, as far as possible, be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(c) and Article 7(2)(d), of the Convention. Use, procuring or offering of a child for illicit activities and effective time-bound measures. Children at special risk. Child beggars. In its previous comments, the Committee noted the information provided by the Government on the measures taken to allow police officers to deal with child beggars more effectively. It also noted the Government’s indication that organized or forced begging involving children (often of Roma origin, or belonging to families who are not legally resident in the country) exists in the larger towns and cities. The Committee noted the Government’s information to the effect that it intended taking specific action including awareness raising, information and training activities for the authorities and other players in direct contact with the groups concerned, and strengthening research into school education for child beggars, as an essential means for their integration.

The Committee noted from the Government’s report that the procuring, luring, abduction or retention of a minor with a view to handing him or her over to begging, or encouraging him or her to beg, or continuing to do so, or putting the minor at the disposal of a beggar for use by the latter to provoke pity on the part of the public, is prohibited (sections 433, 433ter and 433quater of the Penal Code). The Committee welcomed the legislative provisions adopted by the Government to prevent child begging and to combat the handing over of minors to begging. However, it observed that, despite the measures taken, and even though these phenomena are prohibited by law, begging by children remains a serious concern in practice. The Committee requests the Government to provide information on the application of these legislative provisions in practice and encourages the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging. The Committee also requests the Government once again to provide information on the time-bound measures taken in this regard.

Article 5. Monitoring mechanisms. Trafficking of human beings. In its previous comments, the Committee considered that cooperation and exchange of information between the various players at local and national level dealing with the sale and trafficking of children were essential measures for preventing and eliminating commercial sexual exploitation. It therefore requested the Government to provide information on the measures taken to this end. The Committee noted from the Government’s report that the Minister of Justice heads the Interdepartmental Unit to Combat Trafficking in Human Beings (the Unit), to which the Criminal Policy Department (the Department) and the Federal Justice Department contribute. The Unit brings together all federal ministers who have competence in the area of the trafficking of human beings, as well as Child Focus (a non-governmental organization having particular responsibility for children who have disappeared or are being exploited) and the Equal Opportunities and Anti-Racism Centre. The day-to-day functioning of the Unit comes under the authority of the Bureau for the Combating of Trafficking of Persons (the Bureau). The Bureau, in turn, bring together the key players involved in combating the trafficking of persons: (a) the Federal Justice Department; (b) the Federal Department of the Interior; (c) the Federal Social Inspection Department and the Federal Department for the Monitoring of Social Legislation; (d) the Federal Department of Foreign Affairs; (e) the Federal Police; and (f) the Equal Opportunities and Anti-Racism Centre.

The Committee also noted the contents of the annex entitled “Trafficking of human beings”, which lays down six guiding principles for action to combat the trafficking of human beings, including: (a) establishing an appropriate legal framework and a clear definition of trafficking of human beings; and (b) the rights of children and young persons and the duty to protect them in action taken against the trafficking of human beings. The annex also lays down preventive measures and actions for protecting and assisting victims of this phenomenon. Finally, a number of strategies for investigation and prosecution are discussed. The Committee also noted the annex entitled “2006 report on the trafficking of persons: victims in the spotlight”, which provides an overview of the new legal provisions concerning the trafficking of human beings. The Committee requests the Government to continue providing information on the measures taken, particularly by the Bureau and the Unit, and the impact of these measures on the elimination of the trafficking of children under 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistics provided by the Government. It noted the figures for 2006 and 2007 concerning the number of children or young persons who were victims of human trafficking, divided by sectors of exploitation: in 2006, there were a total of 12 cases of exploitation for economic reasons, trafficking or prostitution; in 2007, there were nine cases. There was also one reported case of human trafficking for sexual exploitation in 2007. The Committee also noted that, further to the amendment of the 2005 Act on the trafficking of human beings, it is difficult to distinguish the statistics on child pornography from those relating to the trafficking of human beings for the purposes of child pornography. In 2006 and 2007, the number of reported cases for these crimes (taken as a whole) were 581 and 519, respectively. Moreover, the Committee noted the Government’s indication that the statistics relating to child prostitution (and other related crimes) are not always available since the data do not always contain the ages of the victims or of the perpetrators of these crimes; and where the age is indicated, it could be the age of either. Nevertheless, the number of cases in 2006 relating to incitement to debauchery/prostitution with respect to a sole deed and a sole perpetrator was nine, while 20 cases were detected in 2007. The Committee noted the statistics for the 2000–07 period relating to procuring of minors and child pornography; in 2006, the number of files opened was nine and 463, respectively, and in 2007 the number of cases reported were seven and 753, respectively. The Committee noted that with regard to the worst forms of child labour, and in particular the exploitation of begging, there were four reported cases in 2006 and six reported cases in 2007.

Furthermore, the Committee noted the statistics dating from 2000 to 2005 concerning the number of convictions and prison sentences for the offence of “inciting to debauchery, corruption or prostitution of a minor”, divided by age group. The Committee also noted the data for 2000–05 concerning the number of convictions and prison sentences for the offence of “provoking the debauchery of a minor by means of words, gestures or signs”. In addition, the Committee noted the statistics for 2000–05 concerning the number of convictions and prison sentences for the offence “procuring, luring, abducting or retaining with a view to debauchery or prostitution”, divided by age group. Finally, the Committee noted the overview of current case law in the appendices which have been supplied. The Committee requests the Government to continue providing statistics relating to the nature, scope and trends of the worst forms of child labour and also information on the number and nature of offences reported, investigations, convictions, prosecutions and penalties imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3(c) and Article 7, paragraph 2(d), of the Convention. Use, procuring or offering of a child for illicit activities and effective time-bound measures. Children at special risk. Child beggars. In its previous comments, the Committee noted the information provided by the Government on the measures taken to allow police officers to deal with child beggars more effectively. It also noted the Government’s indication that organized or forced begging involving children (often of Roma origin, or belonging to families who are not legally resident in the country) exists in the larger towns and cities. The Committee noted the Government’s information to the effect that it intended taking specific action including awareness raising, information and training activities for the authorities and other players in direct contact with the groups concerned, and strengthening research into school education for child beggars, as an essential means for their integration.

The Committee notes from the Government’s report that the procuring, luring, abduction or retention of a minor with a view to handing him or her over to begging, or encouraging him or her to beg, or continuing to do so, or putting the minor at the disposal of a beggar for use by the latter to provoke pity on the part of the public, is prohibited (sections 433, 433ter and 433quater of the Penal Code). The Committee welcomes the legislative provisions adopted by the Government to prevent child begging and to combat the handing over of minors to begging. However, it observes that, despite the measures taken, and even though these phenomena are prohibited by law, begging by children remains a serious concern in practice. The Committee requests the Government to provide information on the application of these legislative provisions in practice and encourages the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging. The Committee also requests the Government once again to provide information on the time-bound measures taken in this regard.

Article 3(d). Self-employed workers. In its previous comments, the Committee noted that the Labour Act of 16 March 1971 (Labour Act) and the Royal Order of 3 May 1999 on the protection of young persons at work (Royal Order of 3 May 1999), which prohibit the employment of young workers under 18 years of age in hazardous work, only apply to workers and persons who have an employment contract and who perform work under the authority of another person (section 1 of the Labour Act and section 1 of the Royal Order of 3 May 1999). The Committee consequently observed that self-employed workers under 18 years of age do not enjoy the protection against hazardous work prescribed by the national legislation. It requested the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from hazardous work. The Committee notes from the Government’s report that sections 2 and 8–10bis of the Labour Act prohibit young workers from performing certain kinds of work for health and safety reasons. The Committee notes that sections 8, 9 and 10 apply only to “young workers”, defined in section 2 as “young persons aged 15 or over who engage in work and for whom full-time school attendance is no longer compulsory”. The Committee also notes that, according to the Government’s indication, Belgian legislation prohibits young persons under 18 years of age to work on a self-employed basis. In fact, section 6 of the Commercial Code provides that certain specific acts (listed in sections 2 and 3 of the Commercial Code) “are not valid with regard to a minor. They shall be considered as civil acts.”

Article 5. Monitoring mechanisms. Trafficking of human beings. In its previous comments, the Committee considered that cooperation and exchange of information between the various players at local and national level dealing with the sale and trafficking of children were essential measures for preventing and eliminating commercial sexual exploitation. It therefore requested the Government to provide information on the measures taken to this end. The Committee notes from the Government’s report that the Minister of Justice heads the Interdepartmental Unit to Combat Trafficking in Human Beings (the Unit), to which the Criminal Policy Department (the Department) and the Federal Justice Department contribute. The Unit brings together all federal ministers who have competence in the area of the trafficking of human beings, as well as Child Focus (a non-governmental organization having particular responsibility for children who have disappeared or are being exploited) and the Equal Opportunities and Anti-Racism Centre. The day-to-day functioning of the Unit comes under the authority of the Bureau for the Combating of Trafficking of Persons (the Bureau). The Bureau, in turn, bring together the key players involved in combating the trafficking of persons: (a) the Federal Justice Department; (b) the Federal Department of the Interior; (c) the Federal Social Inspection Department and the Federal Department for the Monitoring of Social Legislation; (d) the Federal Department of Foreign Affairs; (e) the Federal Police; and (f) the Equal Opportunities and Anti-Racism Centre.

The Committee also notes the contents of the annex entitled “Trafficking of human beings”, which lays down six guiding principles for action to combat the trafficking of human beings, including: (a) establishing an appropriate legal framework and a clear definition of trafficking of human beings; and (b) the rights of children and young persons and the duty to protect them in action taken against the trafficking of human beings. The annex also lays down preventive measures and actions for protecting and assisting victims of this phenomenon. Finally, a number of strategies for investigation and prosecution are discussed. The Committee also notes the annex entitled “2006 report on the trafficking of persons: victims in the spotlight”, which provides an overview of the new legal provisions concerning the trafficking of human beings. The Committee requests the Government to continue providing information on the measures taken, particularly by the Bureau and the Unit, and the impact of these measures on the elimination of the trafficking of children under 18 years of age.

Part V of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistics provided by the Government. It notes the figures for 2006 and 2007 concerning the number of children or young persons who were victims of human trafficking, divided by sectors of exploitation: in 2006, there were a total of 12 cases of exploitation for economic reasons, trafficking or prostitution; in 2007, there were nine cases. There was also one reported case of human trafficking for sexual exploitation in 2007. The Committee also notes that, further to the amendment of the 2005 Act on the trafficking of human beings, it is difficult to distinguish the statistics on child pornography from those relating to the trafficking of human beings for the purposes of child pornography. In 2006 and 2007, the number of reported cases for these crimes (taken as a whole) were 581 and 519, respectively. Moreover, the Committee notes the Government’s indication that the statistics relating to child prostitution (and other related crimes) are not always available since the data do not always contain the ages of the victims or of the perpetrators of these crimes; and where the age is indicated, it could be the age of either. Nevertheless, the number of cases in 2006 relating to incitement to debauchery/prostitution with respect to a sole deed and a sole perpetrator was nine, while 20 cases were detected in 2007. The Committee notes the statistics for the 2000–07 period relating to procuring of minors and child pornography; in 2006, the number of files opened was nine and 463, respectively, and in 2007 the number of cases reported were seven and 753, respectively. The Committee notes that with regard to the worst forms of child labour, and in particular the exploitation of begging, there were four reported cases in 2006 and six reported cases in 2007.

Furthermore, the Committee notes the statistics dating from 2000–05 concerning the number of convictions and prison sentences for the offence of “inciting to debauchery, corruption or prostitution of a minor”, divided by age group. The Committee also notes the data for 2000–05 concerning the number of convictions and prison sentences for the offence of “provoking the debauchery of a minor by means of words, gestures or signs”. In addition, the Committee notes the statistics for 2000–05 concerning the number of convictions and prison sentences for the offence “procuring, luring, abducting or retaining with a view to debauchery or prostitution”, divided by age group. Finally, the Committee notes the overview of current case law in the appendices which have been supplied. The Committee requests the Government to continue providing statistics relating to the nature, scope and trends of the worst forms of child labour and also information on the number and nature of offences reported, investigations, convictions, prosecutions and penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the additional information provided.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the adoption of the Act of 10 August 2005 amending various provisions with a view to strengthening measures to combat the trafficking of human beings and the practices of marchands de sommeil (“slumlords” specializing in the exploitation of migrants). The Act included in the Penal Code a chapter on the trafficking of human beings (sections 443quinquies to 433novies), including minors (section 433septies). The Committee notes that these new provisions apply to the sale and trafficking of children for both labour and sexual exploitation. It also notes that the Act of 10 August 2005 repeals various provisions of the Act of 15 December 1980 “on the entry, stay or establishment of foreign nationals in the country and their expulsion” (the Act of 15 December 1980), regarding the trafficking of human beings, including minors (sections 77bis and 77quater). These provisions of the Penal Code and the Act of 15 December 1980 establish in greater detail the elements which constitute the offence of the trafficking of human beings.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. With reference to its previous comments, the Committee takes due note that the Act of 10 August 2005 inserted into the Penal Code two provisions prohibiting the use of persons, especially children, for purposes of begging (sections 433ter and 433quater).

Article 3(d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Act of 16 March 1971 (the Labour Act) and the Royal Decree of 3 May 1999 on the protection of young persons at work (the Royal Decree of 3 May 1999), which prohibit the employment of young workers under the age of 18 in hazardous work, only apply to workers and persons who have an employment contract and who perform work under the authority of another person (section 1 of the Labour Act and section 1 of the Royal Decree of 3 May 1999). The Committee consequently observed that self-employed workers under the age of 18 do not enjoy the protection against hazardous work prescribed in the national legislation. It requested the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under the age of 18 from hazardous work. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the measures taken to ensure that self-employed workers under the age of 18 benefit from the protection envisaged in Article 3(d) of the Convention, namely, that they are not engaged to perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Interdepartmental Unit to Combat Trafficking in Human Beings. The Committee previously noted that the Interdepartmental Unit to Combat Trafficking in Human Beings was set up in 2004 to ensure effective coordination between departments involved in combating trafficking in human beings. It notes the Government’s indication in its report that an office composed of the main departments involved in combating trafficking has been created in order to help the Interdepartmental Unit. The office is entrusted with ensuring the functioning of the Interdepartmental Unit and preparing and executing its decisions, recommendations and initiatives. The Committee also notes that the office of the Interdepartmental Unit has established four working groups, one of which is responsible for improving the procedure of issuing residence permits to victims of trafficking. The Committee encourages the Government to continue its efforts to combat the sale and trafficking of children.

2. Information and Analysis Centre on the Trafficking of Human Beings (CIATTEH). With reference to its previous comments, the Committee notes the Government’s indication that an Administrative Committee has been created to ensure the exchange of information between the various members of the Interdepartmental Unit to Combat Trafficking in Human Beings and the quality of the data exchanged, which will also be used as a basis for analyses. The Administrative Committee is also responsible for supervising the preparation, validation and communication of the strategic analyses carried out. The Committee considers that cooperation and the exchange of information between the various actors dealing with the sale and trafficking of children at the national and local levels is indispensable to prevent and eliminate commercial sexual exploitation. It requests the Government to provide information on the measures taken for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that every two years the intelligence service on criminal policy, in collaboration with the task force on the trafficking of human beings, organizes a meeting to evaluate criminal strategies in this field. This meeting gathers together, as a minimum, the coordinating magistrates responsible for combating the trafficking of human beings, the offices of public prosecutors and tribunals, the federal office of the public prosecutor, the police units concerned, as well as the national coordinators of inspection services. Furthermore, the Government indicates that training in the field of the trafficking of human beings is also provided for police officers working in units dealing with trafficking. The Higher Council of Justice has also developed a two-day training programme for judges in which various issues are addressed, such as sexual exploitation and exploitation through begging, including such activities involving the use of minors.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres. With reference to its previous comments, the Committee notes the Government’s indication in its report that the assistance provided by reception centres takes many forms. With the introduction of the system of guardian care for lone minors, assistance is now shared between the guardian and specialized reception centres. While these centres assist children by providing them with accommodation, psychological and medical care, as well as taking legal action against those who exploit them, the guardian is in charge of the daily needs of the minor (education, administration tasks, etc.) in partnership with the specialized centre.

Clause (d). Identifying and reaching out to children at special risk. Child beggars. In its previous comments, the Committee noted the information provided by the Government on the measures taken to allow police officers to deal with child beggars more effectively. It also noted the Government’s indication that organized or forced begging involving children (often of Roma origin, or belonging to families who are not legally resident in the country) exists in the larger towns. The Committee invited the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging. The Committee notes the Government’s indication that it envisages taking concrete action including awareness raising, information and training activities for the authorities and other actors who are in direct contact with the population categories concerned. The Government also envisages strengthening research into the schooling of child beggars, as an essential means for their integration. The Committee encourages the Government to carry out the above action and requests it to provide information on the time-bound programmes established for this purpose.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the additional information provided by the Government regarding the statistical data of the General Directorate for the supervision of the labour laws on the illegal employment of children and non-compliance with regulations on young workers for the period 2004-05. With regard to data on convictions, the Government indicates that it is impossible to supply detailed data on convictions relating to trafficking for labour exploitation disaggregated by the age of the victims. However, as the Act of 10 August 2005 has introduced a clearer distinction between the circumstances in which the offence is committed, it will henceforth be possible to draw a distinction in the data bank between convictions involving adults and minors. In relation to sexual exploitation, the Committee notes that there were 47 convictions in 2003. The Committee requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its first report. It requests the Government to supply information on the following points.

Article 3 of the Convention. All forms of slavery or practices similar to slavery. Clause (a). 1. Slavery, forced or compulsory labour. The Committee notes the absence of information in the Government report concerning this point. However, it notes that article 23 of the Constitution states that everyone has the right to lead a life in keeping with human dignity, which includes the right freely to choose a professional activity within the framework of a general employment policy aimed, amongst other things, at ensuring as stable and high a level of employment as possible and the right to fair employment conditions and remuneration. It notes, furthermore, that the Government informed the Human Rights Committee (CCPR/C/BEL/2003/4, pages 38 and 42) that there is no slavery in the traditional sense in Belgium.

2. Sale and trafficking of children. The Committee notes that, according to the Government, on 9 July 2004, the Council of Ministers approved a draft Bill to harmonize Belgian law with the relevant European directives and framework laws, as well as with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The aim of this draft Bill is to insert a new chapter into the Penal Code entitled "Trafficking in human beings" and to define trafficking in human beings. The Committee notes that section 77bis, paragraph 1, of the law of 15 December 1980 on the entry, stay or establishment of immigrants in the territory, as amended by the law of 13 April 1995, states that "any person contributing, in any way whatsoever, either directly or through an intermediary, to facilitating the entry or stay of an immigrant in the Kingdom and, in doing so: (1) employs, directly or indirectly, fraudulent methods, violence, threats or any form of duress with regard to the immigrant in question; or (2) takes advantage of an immigrant in a particularly vulnerable situation owing to his/her precarious or illegal administrative status, pregnancy, illness, infirmity or physical or mental deficiency" is committing an offence. The Committee trusts that the draft Bill on trafficking in persons will prohibit the sale and trafficking of children under 18, both within and outside the country. It requests the Government to supply information on the adoption of the draft Bill amending the Penal Code with regard to trafficking in persons and to provide a copy once it has been adopted.

3. Forced recruitment of children for use in armed conflict. The Committee notes that, according to the Government, compulsory military service was suspended by the law of 31 December 1992. This law amends the coordinated laws on the militia of 1962, prescribing that in future compulsory military service was only to apply to levies prior to 1994. Those persons currently affected by these laws are therefore over the age of 18. However, the Committee notes that, by virtue of section 2 of the coordinated laws on the militia of 1962, all Belgian citizens are obliged to complete military service and militiamen are included in the pool of recruits from 1 January of the year of their 17th birthday to the moment when they are incorporated into the army or they no longer have any military obligations. This pool of recruits can only be called up in time of war or when the national territory is under threat. The Committee also notes that, according to the Government, the coordinated laws on the militia have not been repealed and therefore remain in force. The Government adds that "these provisions could be given effect through a slight amendment to legislation". The Committee consequently notes that, as long as the coordinated laws on the militia are not repealed, 17 year olds may be recruited to participate in armed conflict. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no one under the age of 18 may be forced to participate in armed conflict.

Article 3, clause (b). 1. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that sections 100ter, 380(4) and 383bis of the Penal Code of 1867 (as amended by the law of 28 November 2000), prohibit a wide range of activities associated with prostitution and pornography, including the prohibition of the use, procuring or offering of minors under 18 for prostitution, for the production of pornography or for pornographic performances.

Article 3, clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to the Government, the draft Bill amending various provisions with a view to strengthening the fight against trafficking in human beings, adopted by the Council of Ministers on 9 July 2004, prohibits the recruitment, transportation, transfer, sheltering or reception of human beings with a view to compelling them to commit an offence or a crime. The Committee also notes that according to the Royal Decree of 31 December 1930 on the traffic in soporific and narcotic substances (as amended by the Royal Decree of 16 May 2003) it is prohibited to ask somebody to transport soporific and narcotic substances (section 13) or to transport such substances on behalf of a person not authorized to carry out such activities by virtue of the present Decree (section 14). The Committee requests the Government to supply a copy of the law aimed at strengthening the fight against trafficking in human beings as soon as it has been adopted.

Article 3(d) and Article 4, paragraph 1. 1. Hazardous work. The Committee notes that section 9 of the Employment Act of 1971 (as updated on 15 July 2004) states that young workers may not perform tasks beyond their strength, or that threaten their health or morals. Section 8 of the Royal Decree on the protection of young people at work of 3 May 1999 also prohibits the engaging of young people in work considered as hazardous. The Committee notes that, according to the Government, workers who have reached their majority (18) are no longer considered to be young workers. Under the terms of section 8(1) of the Decree, the following activities are considered to be hazardous: (i) those activities which are beyond the physical or psychological capacities of young people; (ii) those activities which involve exposure to toxic or carcinogenic agents, or agents causing hereditary genetic alterations, or having harmful effects on the foetus during pregnancy or having any other chronic harmful effect on human beings; (iii) those activities involving exposure to ionizing radiation; (iv) those activities presenting accident risk factors that young people, owing to their lack of safety awareness or experience or training, cannot identify or guard against; and (v) those activities which involve exposure to extreme temperatures (both hot and cold), or noise or vibrations. Those activities that are beyond the physical and psychological strength of young people are listed in the annex to the Royal Decree on the protection of young people at work which contains a detailed and non-restrictive list of biological and chemical agents, processes, types of work and premises prohibited to young workers. Moreover, section 8 of the Employment Act prohibits young workers from engaging in underground work in mines, mining and quarries. The Committee also notes that young workers are prohibited from engaging in night work (section 34bis(1) of the Employment Act). Finally, the Committee notes that, by virtue of section 1 of the law on the protection of children employed in itinerant occupations, of 28 May 1888, any person engaging children under the age of 18 in exercises involving dislocation, feats of strength or exercises which are dangerous, inhumane or which, by their nature, have an affect on health, is committing an offence.

2. Self-employed workers. The Committee notes that the Employment Act and the Royal Decree on the protection of young people at work of 1999, which prohibit the employment of young workers under the age of 18 to carry out hazardous work, only applies to workers and persons who have an employment contract and who engage in work under the authority of another person (section 1 of the Employment Act and section 1 of the Royal Decree). The Committee consequently notes that self-employed workers under the age of 18 do not enjoy the protection against hazardous work prescribed in the Royal Decree of 1999. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under the age of 18 from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes that the Government report indicates that a "follow-up committee" has drawn up a list of the possible worst forms of child labour that might exist within the national territory. The Government adds that the organizations of employers and workers will be consulted concerning the action programmes or legal initiatives prescribed by the follow-up committee, following the identification of the worst forms of child labour. The Committee requests the Government to supply information on the conclusions of the follow-up committee concerning the identification of hazardous work.

Article 5. Mechanisms to monitor implementation of the provisions giving effect to the Convention. 1. Social Inspectorate. The Committee notes that, according to the labour inspection report for the June 2002 to May 2003 period, the fight against fraud and undeclared work constitutes one of the main tasks of the Social Inspectorate. By virtue of the Labour Inspection Act of 1976, as amended in 2003, the Social Inspectorate is entitled to issue warnings, to set a time period within which social legislation must be complied with and to draw up reports in cases of non-compliance. The Social Inspectorate is also responsible for informing the employers and the workers of the rules that are applicable with regard to social issues. The Committee notes that, according to the Social Inspectorate’s report, none of the violations recorded between June 2002 and May 2003 involve non-compliance with the provisions governing the work of persons under the age of 18. The Committee requests the Government to continue to supply information on the activities of the Social Inspectorate, especially with regard to violations of the national legislation giving effect to the Convention.

2. Monitoring of social legislation. The Committee notes that, according to the 2002-03 Social Inspectorate report, a collaboration protocol was concluded in May 2001 between the Federal Ministers of Employment and Social Affairs within the framework of the fight against people trafficking. This protocol covers the joint monitoring activities carried out by the Social Inspectorate and the monitoring of social legislation regarding the respect for social legislation in sectors where the risk of people trafficking is high. The designated national coordinators oversee the correct execution of planned monitoring actions within the six sectors designated as "sectors at risk", that is to say, exotic restaurants, contract cleaning operations, agricultural and horticultural enterprises, clothes recycling enterprises, garment factories and the prostitution sector. The Committee requests the Government to supply information on the results of monitoring activities carried out through the monitoring of the social legislation on the employment of children in the "sectors at risk" mentioned above.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action plan for disadvantaged children. The Committee notes the Government’s indication that, in April 2004, the Flemish Government implemented an Action Plan on the Rights of the Child, one of the aims of which is to apply a Flemish policy on poverty by focusing in particular on children and their rights. This policy on the fight against poverty is implemented through social activities supporting disadvantaged youth, as well as by developing support and assistance for families and providing equal education opportunities.

2. Trafficking of children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.178, 13 June 2002, paragraph 29) expressed its concern at the fact that trafficking of children for sexual or other kinds of exploitation remains a problem in Belgium. It also notes that, according to the study entitled "Joint East-West Research on Trafficking in Children for Sexual Exploitation in Europe: The Sending Countries" (2004, ECPAT with the support of the European Commission, pages 42, 45, 48, 49, 50 and 53), Belgium is a destination country for trafficked children. Trafficked children are generally between 13 and 18 years old and originate from Albania, Moldova, Romania and Ukraine. The vast majority of these children are brought into Belgium for prostitution, or to be used in the production of pornographic material. Other trafficked persons, especially the youngest, are also used for begging, forced labour or manual labour in agriculture. The study reveals that Moldovan children are recruited both by individuals and by legal entities, such as tourist, modelling or marriage agencies. Some trafficked Moldovan and Romanian children leave their countries of origin together with their own parents, or with the consent of the latter.

The Committee notes that, according to the Government, Belgium is actively combating trafficking in human beings. Thus, in December 2000, the Prime Minister created a "People Trafficking" Task Force which is responsible for determining an integrated policy composed of an administrative component, as well as taking into account social and penal legislation and assistance for victims. This Task Force is composed of representatives of the Ministries of Justice and of the Interior, the police, the public prosecutors, the Social Inspectorate and the Immigration Service. The Committee notes that this Task Force drafted the Royal Decree on the fight against trafficking in human beings that was adopted on 16 May 2004. This document establishes the Trafficking in Human Beings Information and Analysis Centre, the sole task of which is to combat people trafficking. The Centre’s job is to collect, centrally store, manage, transmit and analyse anonymous data useful in determining the strategies to be adopted (sections 13 and 14 of the Decree). The Committee requests the Government to supply information on the data gathered by the Centre and to indicate the strategies defined on the basis of this data to eliminate trafficking of children under the age of 18.

Article 7, paragraph 1. Penalties. The Committee notes that section 77bis, paragraph 1, of the law of 15 December 1980 on the entry, stay or establishment of immigrants in the territory, as amended by the law of 13 April 1995, provides for appropriate penalties regarding the violation of the provisions prohibiting the sale and trafficking of persons. Sections 380(4) and 383bis of the Penal Code also provide for appropriate penalties for violations of the provisions prohibiting the use, procuring or offering of children for prostitution, the production of pornography or for pornographic performances. The penalties laid down in section 53 of the Employment Act in the case of recruitment of children for hazardous work also appear to be dissuasive. The Committee requests the Government to supply information on the penalties imposed in practice, including penal sanctions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that, by virtue of section 1(1) of the law on compulsory schooling of 1983, schooling is compulsory for all persons aged between 6 and 18. Section 1(7) of that law provides that compulsory schooling of minors with foreign nationality shall begin on the 60th day after their registration in the aliens register. The Committee notes the Government’s indication that a new regulation has been implemented since the 2002-03 school year, on absence from school at primary and secondary school level. The aim of this regulation is to support the educational establishments that monitor absence from school, especially by supplying them with various instruments (such as standard letters to be sent to parents, the most frequently asked questions and their answers). Once problematic incidents of absence have been identified, educational establishments can implement policies of prevention and assistance. The Committee also notes that, according to the Government, the Flemish Government has implemented a number of what it calls "time-out" projects which are aimed at preventing young people threatened with exclusion, or who have already been excluded, from dropping out of school by assisting them for a certain period of time outside of school, so that they can be reintegrated into normal schooling.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that, according to the Government, three reception centres have been opened in the French-speaking part of Belgium, the Communauté Française, or French Community, to receive unaccompanied minors who are particularly at risk from the worst forms of child labour. One centre is reserved for child victims of trafficking. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour and received at the reception centres. It also requests the Government to supply information on the assistance provided by these reception centres.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that, in the French Community, young people who have been removed from the worst forms of child labour have access to the education system. In certain cases, the children will undergo transitional schooling aimed at "new arrivals". The Government adds that young people may receive study grants through the French Community, or general social security benefits. The Committee requests the Government to indicate the number of children removed from the worst forms of child labour and having been integrated into the compulsory education system.

Clause (d). Children at special risk. 1. Child beggars. The Committee notes the Government’s indication that, following a study carried out in 2003 in the French Community regarding child beggars, concrete awareness, information and training activities have been set up for police officers to allow them better to take care of this at-risk population. The Government adds that there is a problem with organized or forced begging that involves children (often of Roma origin, or belonging to families in irregular situations) in cities. The Committee invites the Government to establish a time-bound programme to eliminate the exploitation of children through forced or organized begging.

2. Informal sector. The Committee notes that, according to the Government, the risk that children will become engaged in the worst forms of child labour only exists in the "grey" economy. Such children work clandestinely and in violation of the legal provisions. The Government adds that the sectors most commonly involved in the illegal and clandestine employment of children are the food industry, the hotel-restaurant-café business, the clothing industry (the existence of sweatshops), activities linked to prostitution and, to a lesser degree, agriculture and horticulture. The Committee invites the Government to implement a time-bound programme to ensure that children working in the informal sector do not engage in any work harmful to their health, safety or morals.

Clause (e). Special situation of girls. The Committee notes that, according to the Government, the measures taken regarding child labour apply to both girls and boys.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. 1. Federal Ministry of Employment and Labour. The Committee notes that the Government has designated the Federal Ministry of Employment and Labour as the competent authority for the implementation of the provisions giving effect to the Convention. The Committee requests the Government to supply information on the concrete measures taken by the Federal Ministry of Employment and Labour to ensure the implementation of the provisions giving effect to the Convention.

2. Interdepartmental Committee for the Coordination of the Fight against Trafficking in Human Beings. The Committee notes that an Interdepartmental Committee for the Coordination of the Fight against Trafficking in Human Beings was set up in 2004 to ensure efficient coordination between departments involved in the fight against trafficking in human beings in order to ensure a sustained policy in this field, to dismantle and eliminate the activities of the traffickers and their networks (Chapter II of the Decree of 16 May 2004). This committee is also responsible for the critical evaluation of the development of results in the field of the fight against trafficking in human beings. The Committee requests the Government to supply information on the reports compiled by the Interdepartmental Committee regarding the number of trafficked children under the age of 18, the types of activity they are engaged in and their countries of origin, as well as the effectiveness of the measures aimed at eliminating trafficking of children under the age of 18.

Article 8. Enhanced international cooperation and assistance. 
1. International cooperation. The Committee notes that Belgium ratified the Convention on the Rights of the Child in 1991; the Optional Protocol on the involvement of children in armed conflicts in 2002; the United Nations Convention Against Transnational Organized Crime in 2004; the Protocol to Prevent, Repress and Punish Trafficking in Persons, Especially Women and Children in 2004. In 2000, Belgium also signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

The Committee also notes that Belgium is a member of Interpol, which facilitates cooperation with other countries in the region, especially through the exchange of information that allows countries to combat the trafficking of children more effectively. Moreover, it notes that Belgium supports the ILO/IPEC and STEP (Strategies and Tools against social Exclusion and Poverty) programmes, especially those concerning Morocco.

2. Regional cooperation. The Committee notes that, according to the Government, Belgium chaired the negotiations on the European Convention against Trafficking in Human Beings that was adopted by the Committee of Ministers of the Council of Europe on 3 May 2005. This new treaty was signed by around 15 member states of the Council of Europe on the occasion of the Summit of Heads of State and Government of the Council of Europe, held in Warsaw on 16 and 17 May 2005. The aim of the treaty is to strengthen the rights of trafficked persons.

Part III of the report form. The Committee notes that, in its report, the Government indicates that there is, to date, no case law involving questions of principle concerning the application of the Convention, instances of the worst forms of child labour not being particularly widespread in Belgium. The Committee invites the Government to indicate any decision handed down by the law courts involving principles concerning the application of the Convention.

Part V of the report form. The Committee requests the Government to transmit statistics concerning the nature, extent and development of the worst forms of child labour, as well as information on the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed.