Identifier
Created
Classification
Origin
10BELGRADE204
2010-02-09 17:26:00
UNCLASSIFIED
Embassy Belgrade
Cable title:  

SERBIA: INFORMATION ON CHILD LABOR AND FORCED LABOR FOR DOL

Tags:  ELAB EIND ETRD KTIP PHUM AID SOCI 
pdf how-to read a cable
VZCZCXYZ0014
RR RUEHWEB

DE RUEHBW #0204/01 0401728
ZNR UUUUU ZZH
R 091726Z FEB 10
FM AMEMBASSY BELGRADE
TO RUEHC/DEPT OF LABOR WASHINGTON DC
RUEHC/SECSTATE WASHDC 0723
INFO RUEHBW/AMEMBASSY BELGRADE
RUEHGV/USMISSION GENEVA
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

--------------------------------------------- ----------------------
----------------------------------------



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