SERBIA: INFORMATION ON CHILD LABOR AND FORCED LABOR FOR DOL

UNCLAS BELGRADE 000204 SIPDIS DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER DRL/ILSCR FOR SARAH MORGAN GTIP/ FOR MARK TAYLOR E.O. 12958: N/A TAGS: ELAB EIND ETRD KTIP PHUM AID SOCI SUBJECT: SERBIA: INFORMATION ON CHILD LABOR AND FORCED LABOR FOR DOL CONGRESSIONAL REPORTING REQUIREMENTS REF: 09 STATE 131995 Below is post's submission on child labor and forced labor as requested in reftel. TASKING 1/TVPRA: CHILD LABOR IN THE PRODUCTION OF GOODS -------------- -------------- -------------- ¶1. There is no record of forced or exploitative child labor in the production of goods in Serbia. TASKING 2/TDA: CHILD LABOR UNDER THE TRADE AND DEVELOPMENT ACT -------------- -------------- -------------- -------------- 2A. Prevalence and Sectoral Distribution of Exploitative Child Labor ¶1. Children in the Republic of Serbia can be found working in rural areas, on family farms or in other family businesses. Children also work in the informal sector, selling small items or washing car windows. Children from poor, rural communities, Romani children, and children living with foster families are at the highest risk for entering exploitive child labor, including begging, prostitution, dealing narcotics, and hard physical labor. Children have also been trafficked for purposes of forced labor or street begging. The incidence of trafficking of children for sexual exploitation has reportedly continued to grow, although this may be attributed to increased monitoring and an increase in victim identification. The Ministry of Labor and Social Issues disagrees with these findings, noting the GoS needs to improve data collection in this area and streamline responsibilities, which are currently spread out among several ministries. (Note: Information gathered from public documents and statements from child protection NGOs and the GoS Ministry of Labor). 2B. Changes to Child Labor Laws and Regulations in 2009 -------------- -------------- -------------- ¶1. In 2009, Serbia passed expanded legal protections including punishment for showing, obtaining, and possession of pornographic materials portraying minors, and use of computer networks for committing sex based crimes against minors. The Registry Law, which sets forth requirements for recording births to unknown parents, was amended in 2009, as was the Law on Foreigners, which provides for a temporary residence permit for foreigners that are victims of human trafficking. ¶2. The Labor Ministry is reviewing laws that impact child labor, but does not have a timetable for when a draft would be available for review. 2C, Section I: Hazardous Child Labor: -------------- -------------- --- ¶1. Responsible Agencies: Responsibility for child labor issues is shared by the Ministries of Labor and Social Issues, Internal Affairs, Justice, and Education. ¶2. Interagency information exchange: There is no formal mechanism for exchanging information. ¶3. Mechanism for Complaints; Number of Complaints: Complaints are raised through inspectors employed by the Ministry of Labor and Social Issues. No information is available concerning the number of child labor complaints. ¶4. Funding: Funding is inadequate. Inspectors lack adequate facilities and equipment to perform their duties. For example, many inspectors have poor office space, and no Internet access or computers. ¶5. Number and Adequacy of Inspectors: The GoS employs approximately 300 inspectors who cover all labor issues within assigned geographic areas. No inspectors are solely dedicated to child labor matters. The inspectors do not have specialized training in children's issues, forced labor, or trafficking. ¶6. Number of Inspections: Official data is not available. ¶7. Number of children removed/assisted: Official data is not available. ¶8. Number of "prosecutions" opened: 15 investigations, which may or may not turn into prosecutions, were opened from January - September, 2009. ¶9. Number of cases closed or resolved: Official data is not available. ¶10. Number of violations/convictions: Official data is not available. ¶11. Average length of time per case: Official data is not available. 12: Penalties applied: Penalties are assessed by the courts and this information is not available. Officials at the Labor and Social Issues Ministry would like to see the law amended to permit inspectors to issue fines rather than allowing cases to linger in an inefficient court system. ¶13. Do the statistics reflect a commitment to combat exploitative child labor? The statistics available are insufficient to demonstrate a commitment to combat child labor. ¶14. Did the government offer training to investigators or other responsible for enforcement? No. 2C, Section I: Forced Child Labor: -------------- -------------- ¶1. Responsible Agencies: Responsibility for all child labor issues is shared by the Ministries of Labor and Social Issues, Internal Affairs, Justice, and Education. ¶2. Interagency information exchange: There is no formal mechanism for exchanging information. ¶3. Mechanism for Complaints; Number of Complaints: Complaints are raised through inspectors employed by the Ministry of Labor. Child labor complaints are not tracked separately from overall labor complaints. ¶4. Funding: Funding is inadequate. Inspectors lack adequate facilities and equipment to perform their duties. For example, many inspectors have poor office space, and no internet access or computers. ¶5. Number and Adequacy of Inspectors: The GoS employs approximately 300 inspectors who cover all labor issues within assigned geographic areas. No inspectors are solely dedicated to child labor matters. The inspectors have no specialized training in children's issues, forced labor, or trafficking. ¶6. Number of Inspections: Official data is not available. ¶7. Number of children removed/assisted: Two children trafficked for labor exploitation were identified and assisted. Official data for non-trafficking cases of forced child labor is not available. ¶8. Number of "prosecutions" opened: The Ministry of Labor and Social Issues officially investigated 15 cases of illegal or forced child labor between October, 2008 and September, 2009. All involved the catering and construction industries. 5 of the children had written parental permission to work; charges have been filed against the remaining 10 employers. Three cases involved youths working night shifts. One underage worker from Pancevo was injured on the job and later died from his injuries. ¶9. Number of cases closed or resolved: Official data is not available. ¶10. Number of violations/convictions: Official data is not available. ¶11. Average length of time per case: Official data is not available. 12: Penalties applied: Penalties are assessed by the courts and this information is not available. Officials at the Labor Ministry would like to see the law amended to permit inspectors to issue fines rather than allowing cases to linger in an inefficient court system. ¶13. Do the statistics reflect a commitment to combat exploitative child labor? The statistics available are insufficient to demonstrate a commitment to combat child labor. ¶14. Did the government offer training to investigators or other responsible for enforcement? No. 2D. Section I. Child Trafficking: ¶1. Agencies and Resources: The following agencies are tasked with working on different aspects of combating trafficking in persons in general, including trafficking in children: Agency for Coordination of Protection of Trafficking Victims, Office of the National Coordinator to Combat Trafficking, Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health, and Ministry of Education. ¶2. Funding: Official data is not available. ¶3. Hotlines: There are two hotlines dedicated to trafficking in persons in general. They are operated by the Ministry of Interior and the NGO ASTRA. ¶4. Number of Investigators/Investigations: Official data is not available. ¶5. Number of Children Rescued: 59 children were identified and rescued as trafficking victims from various forms of exploitation. ¶6. Number of arrests or other prosecutions: Official data is not available. ¶7. Number of cases closed or resolved: Official data is not available. ¶8. Number of convictions: Official data is not available ¶9. Did sentences imposed meet legal standards? Official data is not available. ¶10. Were sentences imposed actually served: Official data is not available. ¶11. Average length of time to resolve a case: Official data is not available. ¶12. Training offered: Trafficking in persons training, including trafficking in children, was provided to employees of Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health and Ministry of Education on victim identification, referral, assistance and prevention of trafficking in general, including trafficking in children. ¶13. Use of child soldiers: There were no child soldiers in Serbia. 2D. Section II. Commercial Sexual Exploitation of Children (CSEC): ¶1. Agencies and Resources: The following agencies are tasked with working on different aspects of combating trafficking in persons in general, including trafficking in children: Agency for Coordination of Protection of Trafficking Victims, Office of the National Coordinator to Combat Trafficking, Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health, and Ministry of Education. ¶2. Funding: Official data is not available. ¶3. Hotlines: There are two hotlines dedicated to trafficking in persons in general. They are operated by the Ministry of Interior and NGO ASTRA. ¶4. Number of Investigators/Investigations: Official data is not available ¶5. Number of Children Rescued: 29 children were identified and rescued as trafficking victims for the purpose of sexual exploitation. ¶6. Number of arrests or other prosecutions: Official data is not available ¶7. Number of cases closed or resolved: Official data is not available ¶8. Number of convictions: Official data is not available ¶9. Did sentences imposed meet legal standards? Official data is not available. ¶10. Were sentences imposed actually served? Official data is not available. ¶11. Average length of time to resolve a case: Official data is not available. ¶12. Training offered: Trafficking in persons training in general, including trafficking in children, was provided to employees of the Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health and Ministry of Education on victim identification, referral, assistance and prevention of trafficking in general, including trafficking in children. ¶13. Use of child soldiers: There were no child soldiers in Serbia. 2D. Section III. Use of Children in Illicit Activies. ¶1. Agencies and Resources: The following agencies are tasked with working on different aspects of combating trafficking in persons in general, including trafficking in children: Agency for Coordination of Protection of Trafficking Victims, Office of the National Coordinator to Combat Trafficking, Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health, and Ministry of Education. ¶2. Funding: Official data is not available. ¶3. Hotlines: There are two hotlines dedicated to trafficking in persons in general. They are operated by the Ministry of Interior and the NGO ASTRA. ¶4. Number of Investigators/Investigations: Official data is not available. ¶5. Number of Children Rescued: Seven children were identified and rescued from trafficking for the purpose of exploitation in illicit activities. ¶6. Number of arrests or other prosecutions: Official data is not available. ¶7. Number of cases closed or resolved: Official data is not available. ¶8. Number of convictions: Official data is not available. ¶9. Did sentences imposed meet legal standards? Official data is not available. ¶10. Were sentences imposed actually served? Official data is not available. ¶11. Average length of time to resolve a case: Official data is not available. ¶12. Training offered: Trafficking in persons training, including trafficking in children, was provided to employees of Ministry of Interior, Ministry of Labor and Social Issues, Ministry of Justice, Ministry of Health and Ministry of Education on victim identification, referral, assistance and prevention of trafficking, including trafficking in children. ¶13. Use of child soldiers: (U) There were no child soldiers in Serbia. 2E. GOVERNMENT POLICIES ON CHILD LABOR: 1-6. The Ministry of Labor and Social Issues includes child labor prevention in its standard protection programs for children and families. There are a number of programs relating to the Roma population, within the Ministry for Human and Minority Rights; however, these do not specifically address child labor. The Ministry of Labor is working on an action plan for child protection. ¶7. The Serbian government did not sign any bilateral or international agreements in 2009 relating to anti-trafficking measures. 2 F. SOCIAL PROGRAMS TO ELIMINATE OR PREVENT CHILD LABOR 1-5. The Serbian government did not incorporate programs specifically designed to combat exploitive child labor, although labor issues are included in other social policies such as poverty reduction. ¶6. The Serbian government did not sign any bilateral or international agreements in 2009 relating to anti-trafficking measures. 2G. CONTINUAL PROGRESS: ¶1. As previously reported, Serbia has adequate laws that meet international standards to discourage child labor; however, resources to enforce these laws remain an issue. In particular, the government needs to be more active and effective in helping the Roma and impoverished children who are most susceptible to exploitation. Serbia continues to work with its neighbors to combat trafficking in persons. WARLICK