Worst Forms of Child Labour Convention, 1999 (No. 182) - Belarus (Ratification: 2000)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2024.

Articles 4, 5 and 6(2) of the Convention. Consultations with social partners. The Committee notes the BKDP’s observations regarding the lack of proper consultation with representatives of employees, as provided for by Articles 4, 5 and 6(2) of the Convention. The BKDP further indicates that all Belarusian independent trade unions, including the BKDP, were unlawfully liquidated, and the Government intentionally engages only with pro-government trade unions. The Committee requests the Government to provide information in this respect.

Article 6. Programmes of action. The Committee notes that, according to the BKDP, the National Action Plan for the Improvement of the Situation of Children and the Protection of Their Rights for 2022–2026 does not contain provisions concerning the implementation of the Convention or child labour. The Committee requests the Government to provide information on the application of Article 6 of the Convention.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2024.

Articles 1, 3(a) and (d), and 7(1) of the Convention. Worst forms of child labour. Forced or compulsory labour, hazardous work and penalties. The Committee notes the observations provided by the BKDP indicating a widespread State-level practice of Saturday clean-ups performed by students at schools. The BKDP further indicates that children are also widely involved in other work activities, such as harvesting, landscaping, and removing stones from fields, in all regions of the country, especially in small towns and rural areas. The BKDP also indicates that school administrations and education departments often present such activities as a “means of socialization of students”, or as part of the educational process and career guidance. However, according to the BKDP, children engage in this type of work out of fear of receiving low grades and straining their relationships with teachers. The Committee further takes note of the examples provided by the BKDP of the involvement of children in harvesting and agricultural work, including one case that led to the child’s death due to the lack of safety measures.

The Committee recalls that, by virtue of Article 3(a) and (d) of the Convention, forced or compulsory labour and hazardous work are considered worst forms of child labour and that, by virtue of Article 1 of the Convention, Member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour, as a matter of urgency. Furthermore, the Committee recalls that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention including through the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee therefore requests the Government to take immediate and effective time-bound measures, as a matter of urgency, to eliminate the forced or compulsory labour of, or hazardous work by, children under 18 years, particularly in harvesting and agriculture. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that sufficiently effective and dissuasive sanctions are imposed in practice.

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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Programmes to combat trafficking and child pornography. Following its previous comments, the Committee notes the detailed information provided by the Government on the results achieved following the implementation of the National Programme to Combat Trafficking in Persons (NPCTP 2011–13). According to the Government report, the NPCTP 2011–13 implemented several institutional, legislative, awareness-raising, preventive and practical measures as well as measures in the field of international cooperation.

The Committee notes the Government’s indication that within the framework of the NPCTP 2011–13, the Ministry of Internal Affairs, the Ministry of Education as well as the Investigative Committee of the Republic of Belarus published and broadcasted more than 3,500 materials on issues related to preventing and combating trafficking in persons in the mass media; disseminated 29 press releases; organized 54 press conferences and briefings; and posted more than 100 information updates on the Internet. Moreover, 222 law enforcement officials working on combating trafficking in persons and 549 employees of internal agencies, public prosecutor’s office, border services, courts and social services received advanced training on combating trafficking in persons and combating child pornography on the Internet and on providing social and psychological assistance for victims of trafficking. Furthermore, during this period, the law enforcement agencies participated in a number of regional and international events and seminars which enabled them to close down several trafficking routes from Belarus to other countries with the assistance of foreign colleagues.

The Committee further notes from the Government’s report that the Republic of Belarus is party to a number of international programmes and projects against trafficking in persons including “the Group of Friends United Against Trafficking”, comprising 22 states from all regions and the UN Global Plan of Action to Combat Human Trafficking, 2010. It also notes that Belarus has developed a project on combating human trafficking entitled “Strengthening the national capacity of the Republic of Belarus in the sphere of combating human trafficking, 2013–16” in cooperation with the International Organization for Migration (IOM). The Committee requests the Government to provide information on the results achieved through the implementation of these various initiatives taken by the Government in combating trafficking in persons, including the project on “Strengthening the national capacity of the Republic of Belarus in the sphere of combating human trafficking, 2013–16,” the project on “the Group of Friends United Against Trafficking” and the UN Global Plan of Action to Combat Human Trafficking, particularly in terms of the number of children prevented or removed from trafficking.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Trafficking for commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s statement that in order to minimize the negative social consequences of trafficking in persons and to reintegrate the victims of trafficking, the law enforcement agencies ensured their referral to state and non-state rehabilitation centres. It also notes from the Government’s report that in 2011, 45 child victims of trafficking for sexual exploitation (40 girls, five boys) were identified; in 2013, 14 child victims of trafficking for sexual exploitation (12 girls, two boys) were identified; and in the first half of 2014, eight child victims of trafficking for sexual exploitation (six girls and two boys) were identified. According to the Government’s report all the child victims identified were referred to rehabilitation centres which provide legal, medical, psychological and educational assistance.

Application in practice. The Committee notes the Government’s information that in 2011, 458 criminal offences related to trafficking in persons for sexual exploitation were recorded of which 36 offences were related to the production and dissemination of child pornography and 15 offences were related to the enticement of minors to engage in pornographic activities. Further, out of the 384 criminal offences recorded in 2012, 40 offences were related to the production and dissemination of child pornography and 11 offences for enticing minors to commit such offences. In 2013, 459 criminal offences were recorded, out of which 27 offences were related to the production and dissemination of child pornography and three offences for enticing minors to such offences. A total of 56 persons were remanded in custody for the above offences from 2011 to 2013.

The Government also notes the Government’s indication that in 2013, the activities of one organized group was stopped, three pornographic studios were dismantled and seven pornographic websites were closed down. The Committee further notes from the United Nations Office on Drugs and Crime Global Report on Trafficking in Persons, 2014 that one of the transnational court cases submitted by Belarus saw the conviction of a couple for trafficking six women to Western and Central Europe for sexual exploitation. Both the perpetrators received five years prison sentences. The same report also refers to another case wherein a man from a foreign national was convicted and sentenced to seven years imprisonment in Belarus for his involvement in trafficking women via his own country to other Western European destination for sexual exploitation.

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Programmes to combat trafficking and child pornography. The Committee had previously noted that the various measures taken to combat trafficking in persons contributed significantly towards increasing the effectiveness of preventing the slave trade and ensuring the security of the country’s population. The Committee also noted that the need to implement additional effective state policies against trafficking in persons led to the adoption of the new State Programme Against Trafficking in Persons, Illegal Migration and Related Crimes 2008–10 (State Programme Against Trafficking in Persons
2008–10). The basic purpose of the State Programme Against Trafficking in Persons 2008–10 was to plan and coordinate activities of the various state actors in implementing organizational, legal and practical measures to prevent, detect and suppress the abovementioned phenomena. The Committee then noted that the problem of trafficking in persons in Belarus is being tackled comprehensively and that the prevention of child trafficking is not treated as a separate issue, but is seen as a fundamental part of the problem of trafficking in persons.

The Committee notes the information in the Government’s report that in 2009 the Ministry of Internal Affairs drafted the Prevention of Trafficking in Persons Bill which will be presented to the Belarus National Assembly in late 2010. The Committee also notes that, following Decree No. 518 of the President of the Republic of Belarus of 2 October 2010, the National Programme to Combat Trafficking in Persons, Illegal Migration and Related Activities 2011–13 (hereinafter National Programme to Combat Trafficking in Persons 2011–13) was approved. The basic objective of the National Programme to Combat Trafficking in Persons 2011–13, is to ensure planned and coordinated activities aimed at the effective prevention, detection and elimination of trafficking in persons. The Committee also notes that the National Programme to Combat Trafficking in Persons 2011–13, builds upon the State Programme Against Trafficking in Persons 2008–10, taking into account the information and the results of the activities carried out by government agencies and organizations.

The Committee also notes the information in the Government’s initial report to the Committee on the Rights of the Child (CRC) concerning the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/OPSC), of 2 July 2010, that in March 2008, the Ministry of Internal Affairs stopped the activities of an organized criminal group that had produced and disseminated child pornography and maintained pornographic websites between 2005 and 2008. In 2008, the law enforcement agencies closed down a total of three pornographic studios and an additional two were closed down in the first half of 2009 (CRC/C/OPSC/BLR/1, paragraph 31). The Committee requests the Government to provide information on the progress made in regard to the adoption of the Prevention of Trafficking in Persons Bill. It also requests the Government to continue providing information on the implementation of the National Programme to Combat Trafficking in Persons, Illegal Migration and Related Activities 2011–13.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Trafficking for commercial sexual exploitation. In its previous comments, the Committee noted in the Government’s report that the problem of child trafficking in Belarus exists but is not severe. The Committee noted that approximately
5–10 per cent of the total numbers of victims are children, the absolute majority of whom are 17 or 18 years old, female, and victims of sexual exploitation. Cases of trafficking of 14–16-year-old children are extremely rare.

The Committee notes that in the Government’s report to the CRC concerning the CRC/OPSC, 26 minors were involved in prostitution in 2005, 35 in 2006, nine in 2007, 96 in 2008 and 18 in the first half of 2009 (CRC/C/OPSC/BLR/1, paragraph 50). In 2008, there was evidence of child pornography, where 71 children were found to be involved and 61 of whom were forced into prostitution. In the first half of 2009, ten children, eight of whom were aged under 14 years, were victims of pornography, most of which was distributed through the Internet (CRC/C/OPSC/BLR/1, paragraphs 54 and 56). The Committee notes from the information in the Government’s report that the mechanism for providing assistance to victims of trafficking in persons, “Prevention of the Consequences of Trafficking in Persons”, was approved by law by Decree No. 362 of the President of the Republic of Belarus on 8 August 2005. The State provides free assistance for the rehabilitation of victims in the form of temporary accommodation, legal, medical and psychological assistance, as well as family reunification searches or placement in the care of foster families for child victims of trafficking. The Committee notes that, in order to minimize the negative social consequences of trafficking in persons, a system has been established to protect the rights of child victims of violence and provide them with timely and skilled assistance. This includes the child protection agencies, social and educational centres, children’s shelters and social, educational and psychological services in educational establishments (CRC/C/OPSC/BLR/1, paragraph 33). Juveniles may undergo rehabilitation in 146 socio-educational establishments operated under the Ministry of Education, including 37 children’s social shelters and 99 centres combined with shelters. The Committee notes that, in 2009, four child victims of trafficking in persons turned to these establishments for help. The Committee requests the Government to continue providing information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to its initiatives.

Part V of the report form. Practical application of the Convention. The Committee notes the following statistical data from the Government’s report regarding the number of crimes related to trafficking in persons detected by law enforcement agencies. In particular, the Committee notes that, under section 181 of the Criminal Code relating to “trafficking in persons”, 63 crimes were detected in 2008, 47 in 2009, and seven for the first half of 2010. The Committee also notes that under article 171 of the Criminal Code, which relates to “inducing to prostitution or coercing to engage in prostitution”, in 2008, 2009 and 2010, 34, 39 and 37 persons respectively were convicted for committing this crime. The Committee notes that, in 2008, 99 persons were convicted for crimes relating to trafficking in persons of whom 87 received custodial sentences. In 2009 and 2010 respectively, 112 and 63 persons were convicted for trafficking in persons while 90 and 56 were sentenced respectively in each year. The Committee further notes that, in 2009, 398 victims of trafficking were found, 35 or 8.8 per cent of whom were children and all of whom were victims of sexual exploitation. During the first six months of 2010, 233 victims were identified, of whom 17 or 7.3 per cent were children, all of whom were victims of sexual exploitation. The Committee also notes from the Government’s report that between 2005 and 1 July 2010, 10.9 per cent of all cases of trafficking in persons involved children, meaning 461 child victims of trafficking in persons were identified. The Committee finally notes that since 2005, 454 of the child victims identified were involved in cases of sexual exploitation, whereas seven were victims of labour exploitation. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Programme to Combat Trafficking and Prostitution,
2002–07, and other programmes to prevent trafficking. The Committee requested the Government to continue providing information on the implementation of the State Programme on Comprehensive Measures to Combat Trafficking in Persons and the Spreading of Prostitution for 2002–07 (Programme to Combat Trafficking and Prostitution, 2002–07). The Committee notes in the Government’s report that the Programme to Combat Trafficking and Prostitution, 2002–07 was completed in 2007. The Committee notes the quantity of detail in the Government’s report regarding this programme, whose multifaceted approach included:

(a)   organizational–legal measures;

(b)   general preventive measures;

(c)   measures to prevent trafficking in persons and the spread of prostitution;

(d)   measures for the rehabilitation of victims of violence and trafficking in persons; and

(e)   international cooperation in the field of combating trafficking in persons.

Various measures taken to combat trafficking in persons, including the abovementioned programme, contributed significantly toward increasing the effectiveness of preventing the slave trade and ensuring the security of the country’s population. The Committee notes that since 2001, 1,100 crimes related to the transit of people abroad have been detected (of which 481 were directly related to trafficking in persons), and some 3,000 victims were found and provided assistance with their reintegration. Over 1,500 people were charged with criminal offences and about 1,000 of them have already been convicted.

The Committee also notes that, in order to minimize the negative social consequences of trafficking in persons and to support its victims, there are now 156 local social service centres operating under the Ministry of Labour and Social Security. There are also specialized institutions to provide assistance to victims of trafficking in persons operating in Minsk City and in the Brest, Vitebsk, Gomel and Mogilev oblasts. Juveniles may undergo rehabilitation in 143 socio‑educational centres and child social refuges under the Ministry of Education.

The Committee also notes that the need to implement further effective state policies against trafficking in persons led to the adoption of the new State Programme Against Trafficking in Persons, Illegal Migration and Related Crimes 2008–10 (State Programme Against Trafficking in Persons 2008–10), which was approved by Decree No. 624 of the President of the Republic of Belarus of 6 December 2007. This State Programme Against Trafficking in Persons 2008–10 envisages further implementation of the current package of measures taking into account current trends, and is largely aimed at eliminating the causes and conditions giving rise to trafficking in persons in Belarus. The basic purpose of the State Programme Against Trafficking in Persons 2008–10 is to plan and coordinate activities of the various state actors in implementing organizational, legal and practical measures to prevent, detect and suppress the abovementioned phenomena. The coordination of activities of the various state actors is exercised by the Ministry of Internal Affairs, which is also responsible for reporting annually to the President on the implementation of the State Programme Against Trafficking in Persons 2008–10.

Finally, the Committee notes that the problem of trafficking in persons in Belarus is being tackled comprehensively from all angles. The prevention of child trafficking is not treated as a separate issue, but is seen as a fundamental part of the problem of trafficking in persons. Thus, there is no need for a separate state programme on the prevention of trafficking in children. The Committee requests the Government to continue providing information on the implementation of the State Programme Against Trafficking in Persons 2008–2010 and other programmes to combat trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee requested the Government to provide information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to various initiatives. The Committee notes in the Government’s report that the problem of child trafficking in Belarus exists but is not severe. Approximately 5–10 per cent of the total number of victims are children, the absolute majority of whom are 17 or 18 years old, female, and victims of sexual exploitation. Cases of trafficking of
14–16-year-old children are extremely rare, though, in 2003, a case of a
12-year-old girl victim of sexual exploitation emerged. The Committee notes that in 2006, 1,107 victims of trafficking were found, 222 of whom were children, of whom 218 were victims of sexual exploitation and four of labour exploitation (587 victims, 156 of whom were children and two young children were discovered in a single notorious model agency). In 2007, 418 victims were found, of whom 23 were children, 22 of whom were victims of sexual exploitation and one of labour exploitation. In the first five months of 2008, 308 victims were found, of whom all 25 children were victims of sexual exploitation.

The Committee further notes that statistics on victims of trafficking referred to rehabilitation have only been kept by the Ministry of Internal Affairs, which is the coordinator of all state agencies involved in the prevention of trafficking in persons since 2008. However, no separate breakdown is made between adults and children. State agencies, working closely with the IOM, provided 1,285 victims of trafficking with assistance and reintegration in 2002–06 (413 in 2006 alone). So far in 2008, 75 victims have been referred for rehabilitation. Of the approximately 15 NGOs providing victims with help in reintegration and raising awareness, the Belorussian Association of Young Christian Women has been implementing the “La Strada” programme since 2001. In the 2001–06 period, 278 victims received help with reintegration, 89 of them in 2006 alone. The Committee requests the Government to continue providing information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to the abovementioned, or other, initiatives.

Clause (e). Take account of the special situation of girls. Following its previous comments, the Committee notes in the Government’s report that the work of preventing the targeting of girls for sexual and other forms of exploitation is continuing. Various measures are envisaged under the State Programme including: an information campaign; a technical assistance project “Prevention of trafficking in persons in the Belarus Republic” in conjunction with the IOM; and a planned cooperation with the UNDP project on prevention, combating and minimizing the social consequences of trafficking in persons. A multifaceted approach to combat the phenomenon is required. Firstly, information and educational work is organized in educational institutions and includes a variety of measures such as: (a) round tables with law enforcement, court and health authorities; (b) interactive lectures; (c) video shows; and (d) information stands. Secondly, remedial rehabilitative works are carried out with students and their families. Thirdly, social-educational and psychological institutions contribute to the knowledge increase of a wide-ranging public on these issues. The Committee also notes the large quantity of measures aimed at children in preventing, removing and rehabilitating them from the situation of trafficking, mostly for the purpose of sexual exploitation. Many other measures and programmes are aimed at parents, education specialists and others, predominantly in order to prevent trafficking of children. In order to target a wide range of people, distinct dissemination methods were used, including regional and local newspapers and periodicals, television, posters and electronic information media. Databases of disadvantaged families have also been set up in all regions of the country in order to identify children that are socially at risk of trafficking. The Committee requests the Government to continue providing information on the measures taken to protect children, in particular girls, under 18 from trafficking for the purpose of sexual or other forms of exploitation and results attained.

Article 8. International cooperation. The Committee notes in the Government’s report that the implementation of the measures to combat trafficking in persons takes place in the framework of the Programme of Cooperation of the Member States of the Commonwealth of Independent States (CIS) on the Prevention of Trafficking in Persons 2007–10 (Programme of Cooperation). The basic executive programmes involve the member States of the CIS, their competent authorities, statutory organs and organs of sectoral cooperation of the CIS, the Inter-parliamentary Assembly of Member Nations of the CIS and the Executive Committee of the CIS. The Programme of Cooperation was driven by the need to increase the effectiveness of cooperation between the member States in combating contemporary challenges and threats to security. The Programme of Cooperation’s goal is to further improve cooperation between the member States, the activities of the statutory agencies and the sectoral cooperation organs in combating trafficking in persons. Its main tasks are:

(a)   increasing and strengthening the international framework of cooperation between the member States;

(b)   improving and harmonizing the national legislation;

(c)   carrying out agreed-upon legal, preventive and operational investigation measures and special operations;

(d)   cooperating on information and research;

(e)   cooperating in training of personnel; and

(f)    developing the skills of specialists.

The Programme of Cooperation is implemented in accordance with generally accepted principles and standards of international law and national legislation of the member States.

The Committee also notes that Belarus plays an active role on the international stage with proposals for coordinating international forces to combat trafficking in persons. At the 61st session of the UN Summit in New York in September 2005, the UN General Assembly adopted Belarus’ “Improving the coordination efforts against trafficking in persons.” In Minsk and New York, international conferences were held under the sponsorship of Belarus on problems of preventing trafficking of persons. A new international centre for the training, skills development and further training of staff in the field of migration and combating trafficking in persons, based on the progressive development of legislation, has been opened in the country in order to accumulate practical experience in Belarus on combating this problem and related crimes.

Part V of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical data in the Government’s report. The Committee notes that as the Criminal Code, 2005 version (Criminal Code) does not have retroactive effect and that section 181 “Trafficking in persons” was introduced in May 2005, crimes that would currently fall under the purview of this provision are still in the process of being tried under section 187 “Procurement of persons for exploitation” of the Criminal Code, 1999 version (Old Criminal Code). Section 181 of the Criminal Code classifies all crimes related to the purchase/sale, procurement, transport, transfer, harbouring or reception of persons for the purpose of exploitation committed after May 2005. Thus, both section 181 of the Criminal Code and section 187 of the Old Criminal Code are taken into account in the statistical data presented. In 2006, 64 crimes, 84 completed investigations and 20 convictions were recorded regarding section 181 of the Criminal Code “Trafficking in persons”. In 2007, for the same crime, there were 71, 51 and 26 crimes, completed investigations and convictions recorded, respectively. In the first five months of 2008, 45 crimes were recorded and 47 investigations completed. In 2006, under section 187 of the Old Criminal Code, there were 31, 17 and 11 recorded cases of crimes, completed investigations and convictions, respectively. In 2007, these numbers were 13, 14 and 13, respectively; for the first five months of 2008, four crimes were recorded and four investigations were completed. In 2006, there were seven, four and four recorded crimes, completed investigations and convictions, respectively, regarding Criminal Code section 182 “Abduction of persons” for exploitation. In 2007, these statistics were eight, eight and three; and for the first five months of 2008, two such crimes were recorded and four investigations completed. Section 187 of the Criminal Code “Illegal activity for the purpose of placement of citizens in employment abroad” is new. In 2006, 16 such crimes were recorded, ten investigations were completed, five convictions were handed down (of which none were custodial sentences). In 2007, there were four, four and two, respectively (with no custodial sentences); and for the first five months of 2008, there were ten recorded crimes and nine completed investigations.

Section 171 of the Old Criminal Code “Maintaining a brothel, procuring, pimping” has since been modified to “Use of prostitution or establishing the conditions for use of prostitution”. Taken together, in 2006, 115 such crimes were recorded and 117 investigations were completed; there were 73 convictions, including 54 custodial sentences. In 2007, there were also 115 such crimes recorded, 118 investigations and 43 convictions, including 36 custodial sentences. In the first five months of 2008, there were 59 and 42 recorded crimes and investigations completed, respectively.

Section 173 of the Old Criminal Code “Inducing juveniles to anti-social behaviour” has been largely replaced by section 171 “Inducing to prostitution or coercing to engage in prostitution”, paragraph 2 of which makes it a criminal offence when knowingly related to juveniles. Taken together, in 2006, 61 crimes were reported and 60 investigations completed; 14 convictions were handed down, including 11 custodial sentences. In 2007, there were 57 and 53 such crimes recorded and investigations completed, respectively, and 12 convictions, including nine custodial sentences. For the first five months of 2008, there were 19 and 14 crimes recorded and investigations completed, respectively. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee had previously noted that section 181(1) of the Penal Code punishes the offence of trafficking in persons. It had noted that subsection 2(1) of section 181 states that trafficking in a person “who is known to be a minor” constitutes an aggravated offence. It had asked the Government to provide information on how the expression “known to be a minor” is interpreted. The Committee notes with interest the Government’s information that Presidential Decree No. 3 of 9 March 2005 on “several measures against the trade of human beings” was adopted to bring national legislation into line with international legal standards. This Decree makes it a criminal offence to commit any of the acts facilitating “trafficking in human beings”. The provisions of Decree No. 3 of 2005 are further developed, amongst others, by Act No. 15-Z of 4 May 2005 “to amend and supplement several codes of Belarus on matters relating to heighten responsibility on trafficking in persons and other related crimes”, which consolidated many of the provisions of Decree No. 3 of 2005 in the Penal Code. Pursuant to these amendments (of July 2006), section 181 of the Penal Code (repealing previous section 187) punishes under the new offence of “trafficking of human beings” the purchase or sale of a person, or conclusion of other transactions with regard to a person, and the procurement, transport, transfer, concealment or receipt of a person for the purpose of “exploitation” (meaning unlawful labour and sexual exploitation). The Committee notes that subsection 2(1) of section 181 has not been amended. It notes the Government’s information that the expression “known to be a minor” contained in sections 181 and 173 of the Penal Code signifies that the offender is aware of the circumstances legally relevant under the Penal Code and specifically intends to commit an offence against a person under 18 years. This increases the social harm done by the offence and incurs a harsher penalty.

2. Corrective labour colonies. The Committee had previously observed that it is not clear whether labour can be imposed on children in corrective labour colonies only after conviction in a court of law. It had requested the Government to provide further information on the rules governing the work performed by children under 18 years of age in corrective labour colonies. The Committee notes the detailed information provided by the Government on the procedures and conditions for the execution of the penalties established by the Criminal Executive Code (CEC) (Act No. 429-Z of 2000 repealing the Corrective Labour Code of 1971). It notes the Government’s information that correctional colonies are facilities for prisoners over 18 years, while educational colonies are facilities in which prison sentences are served by offenders under 18 years. It also notes the Government’s information that, under section 5 of the CEC, sentences and other criminal penalties are executed on the basis of a guilty verdict by a court, or a court decree with legal force to alter a previous verdict, or on the basis of an amnesty or pardon. Moreover, according to section 98 of the CEC, the administration of the correctional institution has to engage the offender in work that is socially useful and takes account of the offender’s sex, age, health and capacity to work.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that section 136(5) of the Penal Code punishes the recruitment of children below 15 years of age in the armed forces. It had requested the Government to indicate the measures taken or envisaged to prohibit the forced or compulsory recruitment of children less than 18 years of age for use in armed conflict in conformity with Article 3(a) of the Convention. The Committee notes the Government’s information that section 33 of Act No. 2570‑XII of 1993 on the “Rights of the Child” prohibits the participation of children in military actions or armed conflict, pro-war or pro-violence propaganda among children, and the creation of militarized children’s units. Individuals may be called for military service only once they are 18. Furthermore, according to section 43 of the Act of 5 November 1992 on “Military Duty and Military Service”, persons under 18 (i.e. from the age of 17) are only admitted to military service as students of military academies. This recruitment shall not involve force or coercion and shall be carried out only where such persons are fully informed of the duties involved in the military service. The Committee finally notes the Government’s information that it signed the Optional Protocol to the United Nations Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in December 2005.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that, pursuant to the amendment of the Penal Code by Act No. 15-Z of 2005, child prostitution was removed from the scope of section 173 of the Penal Code and was included as a separate offence in section 171. New section 171(1) punishes the engagement in prostitution or the coercion to continue in prostitution. Section 171(2) makes it an offence to commit this act against a person known to be a minor. The Committee also notes with interest the Government’s information that new section 173 of the Penal Code, as amended, punishes anyone who engages a person known to be under 18 years, amongst others, in the commission of acts relating to the production of pornographic material. Moreover, section 343 of the Penal Code, as amended, punishes the production, for the purpose of dissemination or advertisement, and dissemination of pornographic material. The offence is aggravated where the pornographic material contains images of minors or when it is shown to minors.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously requested the Government to indicate whether the use, procuring or offering of a child less than 18 years for illicit activities, in particular for the production and trafficking of drugs, is covered by section 172 of the Penal Code (punishing anyone who compels an under-age person to commit a crime). The Committee notes the Government’s information that, when a minor is involved in a crime connected with the unlawful trade in narcotics, charges are brought against those responsible under section 172 of the Penal Code. It also notes that section 173 of the Penal Code, as amended, punishes anyone who engages a person known to be under 18 years, amongst others, in vagrancy and begging. The Committee takes due note of this information.

Article 4, paragraph 3. Periodical revision of the list of hazardous work. The Committee had previously requested the Government to provide information on any measures taken or envisaged to review the list of hazardous work. It notes the Government’s information that, since Belarus ratified the Convention, the list of jobs in which persons under 18 years may not be employed has been subject to periodic review. However, no need for revision has yet arisen.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that, under Decree No. 2 of 2004 of the Ministry of Labour and Social Protection (MLSP), the Coordinating Council coordinates the activities of state inspection and monitoring of bodies concerned with the observation of the occupational safety and health legislation such as: the State Labour Inspection Department of the MLSP, the Ministry of Emergencies Department (monitoring safe work in the atomic energy industry), and the Ministry of Agriculture and Food Chief State Inspectorate (monitoring technical conditions of machinery and equipment). The Committee notes the Government’s information that the State Inspection Department of the MLSP conducted 25,624 inspections to monitor compliance with labour and occupational safety and health legislation in 2004 and 24,497 inspections in 2005. None of these inspections uncovered cases of the engagement of children in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The National Commission on the Rights of the Child. Following its previous comments, the Committee notes the Government’s information that the National Commission on the Rights of the Child (NCRC) coordinates and monitors the National Action Plan to Improve the Situation of Children and Protect their Rights, 2004-2010 (NPA 2004-2010). The NCRC also implements many of the measures of the NPA 2004-2010 aimed at creating more favourable conditions for children’s life and development. The measures included in the NPA 2004-2010 to protect children from trafficking and all forms of exploitation include, awareness-raising activities on the content of Convention No. 182, and of the Convention on the Rights of the Child, as well as on international standards and health and safety legislation.

2. Programme to Combat Trafficking and Prostitution, 2002-07, and other programmes to prevent trafficking. The Committee had requested the Government to provide information on the State Programme on Comprehensive Measures to Combat Trafficking in Persons and the Spreading of Prostitution for 2002-07 (Programme to Combat Trafficking and Prostitution, 2002-07). It notes the Government’s statement that the Programme to Combat Trafficking and Prostitution, 2002-07, includes coordinated social, medical, legal and organizational initiatives, and namely: (a) legal and preventive measures against violence, trafficking in human beings and prostitution; (b) rehabilitation of victims of human trafficking; (c) international partnership in the fight against trafficking. The Committee notes the Government’s information that a number of legislative acts have been passed as a part of the implementation of the Programme to Combat Trafficking and Prostitution, 2002-07, such as: Act No. 15‑Z of 2005 “to amend and supplement several codes of Belarus on matters relating to heighten responsibility on trafficking in persons and other related crimes”; Decree No. 28 of 2005 of the Ministry of Health (MOH) “to approve the list of free medical services to victims of trafficking”; Presidential Decree No. 352 of 2005 “on averting the consequences of trafficking in persons”. The Committee notes the Government’s information that each year the bodies implementing this Programme are required to submit a report on the work accomplished to the Ministry of Internal Affairs who then submits this data to the Council of Ministers.

The Committee also notes the Government’s information that a number of other measures have been taken to prevent and combat trafficking of children, especially: (a) awareness-raising activities, such as conferences, campaigns, publication of textbooks and brochures, dissemination of information through broadcast and media; (b) legislative measures aimed at reducing the number of young students running the risk of being trafficked or sexually exploited, through regulating travel abroad for work (Decree No. 68/16/27 of 2004) and providing for the issuing of written permits for student exchanges; (c) web sites and hotlines for persons threatened or who have already become victims of trafficking (e.g. Ministry of Internal Affairs’ web site).

The Committee requests the Government to continue providing information on the implementation of the Programme to Combat Trafficking and Prostitution, 2002-07, and other programmes to combat trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to education. Following its previous comments, the Committee notes the Government’s information that the compulsory nature of free general basic education (ten years of schooling), free secondary, vocational and technical education, the non-discriminatory nature of the education system, the social guarantees available in practice (food provided either free or through a budgetary grant, student grants, places of residence, social, educational and psychological help), prevent and help to reduce the likelihood of children from being involved in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes with interest that the Government took a number of measures to rehabilitate child victims of trafficking. It notes the Government’s information that, in the implementation of Presidential Decree No. 352 of 2005 “on averting the consequences of trafficking in persons”, amendments have been made to the “Model Statutes” for specialist institutions for minors in need of social assistance and rehabilitation. These changes have consolidated the provision of social, educational, and psychological assistance to child victims of trafficking up to the age of 15 and expanded the functions of children’s homes providing temporary accommodations. The Committee notes the Government’s information that, as a part of the implementation of the project “Combating Trafficking in Women in Belarus” of 2004, a residential rehabilitation centre has been opened in Minsk for victims of human trafficking. Twenty-one victims of trafficking have undergone social and psychological rehabilitation as residents. On 1 December 2005, the centre became part of the Minsk Municipal Social Services Centre for the Family and Children. There are now four such institutions in Belarus. The Committee also notes the Government’s information that, since October 2001, the Belarusian Young Women’s Christian Association has run a programme called “La Strada” in Belarus, through which 189 victims have received help to reintegrate into society. It finally notes the Government’s information that the project “Combating Trafficking of Women”, launched in 2002 by the International Organization for Migration (IOM) in collaboration with the Belarusian authorities, also contains measures to assist victims of trafficking. Moreover, the IOM representation in Belarus, opened a rehabilitation centre for victims of trafficking on 23 June 2006. The Committee requests the Government to provide information on the number of children under 18 who have been withdrawn from trafficking and rehabilitated pursuant to the abovementioned initiatives.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims of HIV/AIDS. The Committee had previously requested the Government to provide information on measures taken or envisaged to address the situation of child victims of HIV/AIDS who might more easily engage in the worst forms of child labour. It notes the Government’s information that the State Programme to Prevent HIV Infection and the Strategic Plan of Measures to Fight the HIV/AIDS Epidemic are the main activities carried out in the area of HIV/AIDS. Moreover, in 2005, a national system of monitoring and evaluating HIV/AIDS, based on 28 key and 18 supplementary indicators, has been developed. All young people under study are being reached by measures to inform and educate them on the issue of HIV/AIDS, through study programmes incorporated in the curriculum and extra-curricular work. In addition, the State provides social protection and support to children with HIV.

2. Children lacking parental care. The Committee notes the Government’s information that adult mortality from AIDS is not the most common reason for children to become social orphans. In fact, the most common reason for this phenomenon is that children’s parents have lost guardianship rights over them due to alcoholism and drunkenness. In order to improve these children’s capacity for social integration, Belarus has set up a system for the adaptation of children who lack parental care. Pursuant to Presidential Instruction No. 10/209-4 of 2004, since September 2004 the MLSP has maintained a register of the children lacking parental care who have graduated from children’s homes in order to provide them with accommodation and job placement as well as with financial, legal and psychological assistance. The Committee notes the Government’s information that the number of such children entering higher education and specialist secondary education increased by more than 50 per cent between 2003 and 2005.

Clause (e). Take account of the special situation of girls. The Committee notes with interest that the Government took a number of measures to prevent and combat the trafficking of women, including girls, as well as to rehabilitate girl victims of trafficking. It notes the Government’s information that the project “Combating Trafficking in Women in Belarus”, carried out in conjunction with the UNDP, includes the following measures to prevent and combat the trafficking of women: (a) preventive measures, such as awareness-raising activities, information campaigns and seminars on the issue of trafficking of women; (b) measures to provide assistance and reintegrate trafficked women, such as the establishment of shelters and rehabilitation centres, as well as hotlines and databases for direct assistance. It also notes the Government’s information that the public association “Children Are Not For Violence”, undertook a project in 2005 entitled “The Right to Life without Violence and Degradation”, in order to reduce the risk for girls, including girls under 18, of falling into sexual or other forms of exploitation. As part of the project, 163 girls have taken part in interactive sessions organized for first-year students. Moreover, a masterclass to train teaching social workers and educational institutions on how to hold sessions for preventing girls from commercial sexual exploitation is currently under preparation. The Committee requests the Government to continue providing information on the measures taken to protect girls under 18 from trafficking for the purpose of sexual or other forms of exploitation and results attained.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that the problem of child trafficking in Belarus is not particularly severe. Minors comprised 9.8 per cent of all trafficked victims in 2005 and 12.5 per cent in the first half of 2006. In particular, in 2005, of the 625 victims of trafficking, 61 were minors (59 subjected to sexual exploitation and two to labour exploitation). In the first six months of 2006, 345 people were victims of trafficking, of which 43 were minors. The majority of these minors were 17 years old, and only very few victims were between the ages of 14 and 16. The Committee notes the Government’s information that, in 2005, 108 offences were uncovered under section 173 of the Penal Code, of which 36 involved the engagement of minors in prostitution and three in the production of pornography. Eight violations of section 171(1) of the Penal Code were uncovered in 2005 (involving the engagement of minors in prostitution) and 30 in the first half of 2006 (17 of which involved the engagement of minors in prostitution). The Committee takes note of this information and requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government concerning the wide range of legal measures taken by it recently to eliminate child labour, especially in its worst forms. It nevertheless considers that the law needs to be complemented by carefully designed and coordinated programmes of preventive and remedial measures that address the causes of the worst forms of child labour. The Committee consequently requests the Government to provide a general overview of any policy measures designed and implemented to ensure the prohibition of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 181(1) of the Penal Code provides for the offence of trafficking in persons and defines this term as actions aimed at selling and purchasing or carrying out other transactions in respect of a dependent person in the form of his transfer or taking possession of him. This offence is punishable for a period of imprisonment of up to six years with or without the confiscation of property. Subsection 2(1) of section 181 provides for the aggravated offence of trafficking in a person "who is known to be a minor", with an increased period of imprisonment from a minimum of five to a maximum of ten years. By virtue of section 187(3) of the Penal Code, the offence of recruiting persons for sexual or other exploitation with the purpose of trafficking a victim outside the territory of the State is punishable by imprisonment for the period between three and ten years, with or without the confiscation of property. The Committee considers that the requirement of knowledge by the perpetrator that the person "is known to be a minor" in section 181 of the Penal Code is ambiguous. It therefore asks the Government to provide information on how the expression "known to be a minor" is interpreted and how section 181(2)(1) of the Penal Code is applied in practice.

2. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that according to section 128 of the Penal Code, slavery and bondage shall be punishable in the form of imprisonment for a period of seven to 25 years, or life imprisonment or capital punishment. It also notes that article 41 of the Constitution prohibits forced labour.

3. Corrective labour colonies. The Committee notes that in its report to the Committee on the Rights of the Child (CRC/C/65/Add.15, paragraph 282) in May 2002, the Government included information on juvenile justice. Juvenile convicts serve their sentences in corrective labour colonies (section 12 of the Corrective Labour Code). They have improved living conditions, better meals and are provided clothing and food free of charge (section 40 of the Corrective Labour Code). The Committee observes that the information provided by the Government in its report to the Committee on the Rights of the Child does not clearly indicate whether labour can be imposed on children in corrective labour colonies only after conviction in a court of law. The Committee reminds the Government that Article 2, paragraph 1, of Convention No. 29, provides that the term "forced or compulsory labour" means that all work or service which is exacted from any person under the menace of any penalty and for which that person has not offered himself/herself voluntarily. It also reminds the Government that Article 2, paragraph 2, of Convention No. 29, allows an exception to the general definition only for any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to provide further information on the rules governing the work performed by children under 18 years of age in corrective labour colonies and their application in practice. It also asks the Government to provide the text of the Corrective Labour Code concerning juveniles.

4. Compulsory recruitment of children for use in armed conflict. The Committee notes the information provided by the Government according to which section 136 of the Penal Code provides for criminal responsibility for the violation of the norms of international humanitarian law during an armed conflict. More specifically, section 136(5) of the Penal Code lays down that the recruitment of children below 15 years of age in the armed forces or allowing them to be engaged in military operations is punishable by five to 20 years’ imprisonment.

The Committee notes that section 136(5) of the Penal Code only prohibits the recruitment of children less than 15 years of age for use in armed conflict. It reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children younger than 18 for use in armed conflict, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the forced or compulsory recruitment of children less than 18 years of age for use in armed conflict in conformity with Article 3(a) of the Convention.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 173(1) of the Penal Code stipulates that involvement by an adult of a person "who is known to be under age" […] in prostitution […] shall be punished by detention for a period of up to six months, or by imprisonment for a period of up to three years. Section 173 of the Penal Code also provides liability for adults who involve minors in prostitution or use them for making pornographic productions, subject to a penalty of three to five years’ imprisonment. The Committee also notes the information provided by the Government in its first report that section 187(1) of the Penal Code provides for the offence of recruiting persons for sexual or other exploitation by way of deception, which is subject to detention for up to six months, limitation of freedom for up to three years, or imprisonment for the same period. Under subsection (2) of section 187, the same offence committed against a person "who is known to be a minor" is punishable by limitation of freedom for the period between two and five years, or by imprisonment for the same period. Moreover, section 205 of the Penal Code states that inciting a minor to engage in a criminal activity, drunkenness, begging, prostitution or gambling, and living off the earnings of a minor is punishable by deprivation of liberty for periods of up to five years. The Committee considers that the requirement of knowledge by the perpetrator in sections 173(1) and 187(2) of the Penal Code is ambiguous. It therefore asks the Government to provide information on how the expressions "known to be under age" and "known to be a minor" are interpreted and how sections 173(1) and 187(2) of the Penal Code are applied in practice.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 172 of the Penal Code stipulates that a person who compels an under-age person to commit a crime by making promises, deception or by any other way is subject to a penalty of imprisonment of up to five years. Subsection (2) of section 172 of the Penal Code lays down that, where violence, or a threat to use violence is used, or where a parent, educator or any other person in charge of educating an under-age person commits such an act, the penalty is from two to seven years’ imprisonment with deprivation of the right to occupy certain positions or carry out certain types of activity. Moreover, section 172(3) provides for a penalty of between five and eight years’ imprisonment where the child is involved in an act in an organized group, or where it involves a grave or heinous crime. The Committee also observes that under section 219 of the Penal Code, criminal liability is also incurred for the unlawful preparation, acquisition, possession, theft and sale of narcotic substances, for inciting others to use such substances and for organizing or maintaining unlawful establishments for the use of narcotic drugs The Committee reminds the Government that Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use, procuring or offering of a child less than 18 years for such illicit activities is covered by section 172 of the Penal Code.

Articles 3(d) and 4, paragraph 1. Hazardous work. The Committee notes that section 274(1) of the Labour Code prohibits the employment of persons less than 18 years of age in heavy work or work performed under hazardous or risky conditions, underground work and in mines. Section 274(1) of the Labour Code also prohibits minors from lifting or moving manually heavy loads of more than certain permissible maximum weights. In its report, the Government states that the rates for manual lifting and carrying of weights by young persons are established by Decision No. 116 of the Ministry of Labour of the Republic of Belarus of 18 December 1997. The Committee notes that section 274(2) of the Labour Code provides that a list of occupations in which persons under 18 years cannot be employed will be determined by the Government or by an authorized organ. In its report, the Government indicates that the list of occupations for which the employment of persons less than 18 years of age is prohibited, is approved by Decision No. 13 of the Ministry of Labour and Social Protection of 2 February 1995. Finally, the Committee also notes that section 117 of the Labour Code forbids night work for persons less than 18 years of age. It also notes that section 120 of the Labour Code forbids overtime for persons less than 18 years of age. The Committee requests the Government to provide copies of Decision No. 13 of 2 February 1995 and Decision No. 116 of 18 December 1997. It also requests it to indicate whether prior consultations were held with the organizations of employers and workers concerned in determining the types of hazardous work.

Paragraph 2. Identification of hazardous work. In its report, the Government indicates that the list of occupations for which the employment of persons less than 18 years of age is prohibited includes work in the following areas: metallurgical, oil, electric energy, microbiological and other branches of industry with hazardous and harmful working conditions. The Government also indicates that the participation of pupils under age in agricultural work, pursuant to the Regulations of Decision No. 860 of 9 June 1999, is prohibited. These mainly relate to areas of radioactive contamination (in connection with the Chernobyl disaster), as well as fertilizers and pesticides.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It notes that the list of the types of dangerous work so determined by section 274 of the Labour Code and Decisions Nos. 13 of 2 February 1995 and 116 of December 1997 was adopted before the ratification of the Convention. It draws the Government’s attention to Article 4, paragraph 3, of the Convention according to which the list of the types of hazardous work so determined by the national legislation, shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on any measures taken or envisaged to review as necessary the list of hazardous work so determined, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its first report, the Government states that the system of state supervision and control over the observance of labour legislation includes authorized state bodies, operating in accordance with legislation. According to Decision No. 222 of 27 December 2001 of the Ministry of Labour and Social Protection of the Republic of Belarus, the State Labour Inspection Department of the Ministry of Labour and Social Protection is responsible for exercising state supervision and control over the observance of labour legislation, including the application of sanctions to employers and officials who commit violations. The Committee notes that in exercising state control and supervision, the authorized state bodies shall cooperate with each other, as well as with trade unions. The Committee asks the Government to provide information on the functioning of the State Labour Inspection Department of the Ministry of Labour and Social Protection, including any extracts of reports and documents. It also requests the Government to provide a copy of Decision No. 222 of 27 December 2001.

The Government also indicates that the National Council on Labour and Social Matters was created by Decree No. 278 of 15 July 1995 of the President of the Republic of Belarus. The Council includes, on a parity basis, the representatives of the Government and the associations of employers and trade unions. One of the functions of the National Council consists of the monitoring of the application of Conventions ratified by the Republic of Belarus. In August 2002, the National Council on Labour and Social Matters adopted a decision on the establishment of a standing tripartite group of experts on the application of international labour standards in the Republic of Belarus. The Committee requests the Government to provide information on the work of the National Council on Labour and Social Matters and any extracts or reports or documents prepared by it related to the elimination of child labour and a copy of Decree No. 278 of 15 July 1995. It also requests the Government to provide information on the work of the tripartite group of experts on the application of international labour standards, in particular on Convention No. 182.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that with a view to implementing state policy, aimed at ensuring the rights and interests of children, the National Commission on the Rights of the Child was established by Decree No. 106 of 18 March 1996 of the President of the Republic of Belarus. The Committee asks the Government to provide information on work of the Commission related to the worst forms of child labour. The Government also indicates the adoption of a state programme on comprehensive measures to combat trafficking in persons and the spreading of prostitution for 2002-07, by Decision No. 1636 of 8 November 2001 of the Council of Ministers of the Republic of Belarus. This programme provides rehabilitation measures for victims of all forms of violence, including trafficking in persons. The Committee requests the Government to provide information on the state programme on comprehensive measures to combat trafficking in persons and the spreading of prostitution for 2002-07.

Paragraph 2. Consultation with relevant government institutions and employers’ and workers’ organizations, and other concerned groups. The Committee notes that the National Commission on the Rights of a Child referred to in paragraph 1 above includes representatives of the Administration of the President of Belarus, the Government, the House of Representatives of the National Assembly, the Supreme Court, ministries, other national bodies of state administration, the Office of the General Prosecutor, local executive and steering bodies and voluntary associations dealing with issues of the protection of children’s rights. The Committee asks the Government to provide information on the manner in which the National Commission on the Rights of a Child and the National Council on Labour and Social Matters consult and cooperate on matters relating to child labour, in particular its worst forms. It also asks the Government to indicate the consultations, which have been held with employers’ and workers’ organizations in accordance with the provisions of Article 6, paragraph 2, of the Convention and if the views of other concerned groups have been taken into consideration on the state programme on comprehensive measures to combat trafficking in persons and the spreading of prostitution for 2002-07.

Article 7, paragraph 1. Penalties. As indicated under Article 3 of the Convention, the violations of the national legislation giving effect to Article 3(a) to (c) of the Convention constitute offences. Such offences carry penalties of fines and/or imprisonment. The Committee asks the Government to indicate how these sanctions are applied in practice. The Committee notes that, in accordance with section 465 of the Labour Code, legal and natural persons who are found guilty of violating labour legislation shall bear disciplinary, administrative, criminal and other responsibility under the legislation of Belarus. It also notes that, according to section 199 of the Penal Code, it provides sanctions and appropriate penalties for violators of the labour law. The Committee requests the Government to supply information concerning the practical application of section 465 of the Labour Code and section 199 of the Penal Code.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s first report on the existence of time-bound and effective measures: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to supply information on actions taken or envisaged, as required by Article 7, paragraph 2(c), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, further to the right to education declared under article 49 of the Constitution, every citizen of Belarus has the right to free education in accordance with section 3 of the law on education. The Government indicates that a reform of the education system is under way. The reform means that children will begin general primary education at 6 years and finish at 18. The minimum age for leaving school is 16 years which is in line with the age for admission to employment. The Government also indicates that, pursuant to the Ministry of Education, by its Order No. 743 of 14 December 1999, regulations have been approved regarding the State’s assistance in implementing children’s rights. In accordance with these regulations, some of the basic tasks of child protection agencies may relate to child labour. The Committee requests the Government to provide information on the impact of the reform of the education system in preventing the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its report, the Government indicates that there are 23 specialist centres of social support of families and children, and 56 territorial centres that operate within the framework of the Ministry of Labour and Social Protection. These centres perform individual and group preventive work with children who are in socially hazardous situations, as well as social and psychological rehabilitation and educational work aimed at strengthening the protection of the rights and interests of children. The Committee asks the Government to provide information on the results achieved by the specialist centres and territorial centres.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, in Belarus socio-economic hardship is increasing the vulnerability of adolescents and young people to HIV infection. Currently, 75.5 per cent of the reported HIV-positive cases are related to injecting drug use, but the proportion of sexually transmitted infections (STIs) is increasing. Belarus has made significant progress in addressing the epidemic by integrating HIV/AIDS as a cross-cutting theme into the broader development agenda. However, restraints and conditions on external development cooperation allocations limit opportunities for international support to HIV/AIDS. According to UNAIDS, there is an urgent need to expand the national response to HIV. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Clause (e). Take account of the special situation of girls. The Committee notes that in its concluding observations on the second periodic report of Belarus (CRC/C/15/Add.180, paragraph 51) in June 2002, the Committee on the Rights of the Child expressed its concern about the information that Belarus is a country of origin and transit for the trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee requests the Government to provide information on the measures taken or envisaged to protect girls from trafficking for the purpose of sexual or other forms of exploitation.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government has provided no information. However, it can be seen from other sections of the first report that the following authorities can apparently play a role in implementing the provisions of the Convention: the Department of the State Labour Inspection of the Ministry of Labour and Social Protection; the Council of Ministers; the Ministry of Agriculture and Food Industry; the National Council on Labour and Social Matters; the National Commission on the Rights of a Child. It therefore requests the Government to provide information on the methods by which each of the authorities listed supervise the implementation of the provisions of this Convention.

Article 8. International cooperation and/or assistance. The Committee notes that the Government has provided no information concerning this Article. The Committee notes that Belarus is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also notes that section 6(1) of the Penal Code provides for penal responsibility for acts committed outside the territory of Belarus on the following conditions: (1) the acts committed must be subject to legal sanctions pursuant to the domestic law of the territory in which they are committed; (2) the person or persons committing the act must not have been pursued subject to the domestic law of the territory in the act which was committed; and (3) any penalties imposed are subject to the Belarus Penal Code but must not pass the maximum penalty prescribed for in the domestic legislation where the act was committed. The Committee requests the Government to indicate whether section 6 of the Penal Code has been applied and, if so, to acts in which country.

Part III of the report form. Decisions taken by the courts. In its first report, the Government indicates that no decisions were taken by the courts on substantial issues in respect of the application of the Convention. The Committee encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the information provided by the Government in its first report that, in accordance with the report of the State Labour Inspection Department of the Ministry of Labour and Social Protection, in the first half of 2002, the state labour inspectors did not identify any violations of legislation ensuring application of the provisions of the Convention.

The Committee notes that in its concluding observations on the second periodic report of Belarus in June 2002 (CRC/C/15/Add.180, paragraphs 51 and 52), the Committee on the Rights of the Child noted that there is a lack of information and knowledge about the phenomenon of the trafficking of children and about problems such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, often related to trafficking. In light of Articles 32 to 36 of the Convention on the Rights of the Child, the Committee on the Rights of the Child recommended that Belarus: (a) undertake a study on the issue of trafficking and trafficking-related problems, such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, in order to assess their scope and causes, and develop and implement effective monitoring and other measures to prevent them; (b) combat and eliminate child trafficking, sexual exploitation, drug abuse and trade and economic exploitation, including by developing social integration programmes; and (c) develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against the Commercial Sexual Exploitation of Children. The Committee requests the Government to communicate information on the manner in which it proposes to resolve the difficulties indicated above in practice. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in Belarus, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Moreover, the Committee asks the Government to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions applied. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.