Alternative Report
Following the Initial Report from
the REPUBLIC OF BELARUS on the
Implementation of the Optional Protocol to the
Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography
56th Session - January/February 2011
ECPAT International
328/1 Phayathai Road, Ratchatewi
Bangkok, 10400
Thailand
Contents
I.FACTS AND FIGURES
Child Prostitution
Sale of Children and Child Trafficking
Child Pornography...... 4
II.GENERAL MEASURES OF IMPLEMENTATION...... 5
Independent Children Institution...... 5
National Plan of Action...... 6
Prevention...... 6
Child Help Line...... 7
III.PROHIBITION AND RELATED MATTERS...... 7
International and Regional Children’s Rights Legal Standards...... 7
National Legislation Related to CSEC...... 7
Prostitution of Children...... 7
Sale of Children and Trafficking in Children for Sexual Purposes...... 7
Child Pornography...... 8
IV.PROTECTION OF THE RIGHTS OF VICTIMS...... 8
Child Protection Units...... 8
Support Services for Children...... 8
V.RECCOMMENDATIONS...... 9
I.FACTS AND FIGURES
The escalating socio-economic crisis, which has slowed and limited the chances for advancement and effected the wellbeing of many families and communities of in Belarus and other countries of the region, is the backdrop against which peoples of all ages pursue their social and material aspirations. The discrepancy between the reality and their anticipation of finding better prospects have created pressures among the population and increased the vulnerability of children and young people to the harms covered under the Optional Protocol on Sale the children, Child prostitution and Child Pornography (OPSC).Many families experience widespread parental alcohol abuse which, for example, has led children to escape to the streets where they enter begging, leading them into situations of increased vulnerability to commercial sexual exploitation.[1]
During the international conference “Safe Belarus for Children” held in Minsk on April 2010, government representatives and international experts highlighted the problem of child abuse as a “burning issue” in Belarus. The conference’s participants expressed their anxiety over the prevalence of sexual abuse in Belarus and the increase of sex offences in 2009 as compared to the previous year. Crimes related to child trafficking for sexual exploitation and child pornography were identified as of particular concern.[2]In general, the provisions under the OPSC remain largely uncovered in Belarus. Government reports that children account for less than 6 percent of the overall number of victims of human trafficking, prostitution and pornography.[3] However, because there are no independent sources of informationaside from official reports, present data does not give a comprehensive picture of types, forms and prevalence of child sexual exploitation in Belarus.
Child Prostitution
Authorities officially report that child prostitution is not a significant problem in Belarus.[4]In four years, between 2007 and 2010, there have been only 138 officially reported cases of child prostitution in Belarus.[5]Aside from government’s sources there are no data available on the extent of child prostitution in the country.Anecdotal evidence, however, indicates the existence of child prostitution on the streets, especially in the capital Minsk. It also indicates thathomeless children and children from broken families are involved in prostitution, usually paid between one and three US dollars. In addition, there are reports that women and girls from low-income families from the different regions of Belarus are subjected to prostitution in Minsk. As the economy deteriorates, there is a risk that child prostitution may grow in Belarus.
Sale of Children and Child Trafficking
Belarus is a source and transit country for women and children victims of trafficking, specifically for sexual exploitation. The majority of victims are females entrapped into prostitution abroad, including in: Russia, Germany, Poland, other European countries, Turkey, Israel, Lebanon, and the UAE.[6] According to the Ministry of Internal Affairs (MIA), Belarusian single, unemployed females between the ages of 16 and 30 are most at risk of being trafficked.[7]
Data on child trafficking comes mostly from confirmed police cases and statistics from other different sources are not consistent. According to UNICEF, around 3,000 Belarusian citizens have become victims of human trafficking since 2000; more than 400 of them were children that were victims of sexual abuse.[8] According to the International Organization for Migration (IOM) data of 2009, the official number of trafficked children for sexual exploitation registered by the MIA was 22 in 2007and 103 in 2008.[9]The 2010 U.S. Department of State’s Trafficking in Persons Reportindicates that in 2009, authorities identified 35 children victims of trafficking .[10] Data from the MIA show that minors make up approximately 10 per cent of the total number of victims. The government considers that the number of children victims of human trafficking fell to 26 in the first half of 2009 as a result of the measures taken by the law enforcement agencies.[11] However, government actions demonstrate minimal progress in protecting victims of trafficking, and the decrease in the number of victims identified may be more an indicator of reduced government response. The factors involved and overall situation are difficult to judge due to the closed nature of the government, sparse independent reporting, and general fear of government retaliation for criticism.[12]
Reports by the MIA indicate that traffickers in Belarus are usually members of loosely organized criminal networks with connections to larger international organized crime rings, brothels, clubs, or bars in destination countries.[13]Traffickers often use informal social networks to approach potential victims.[14]They also lure victims through advertisements and more personal approaches,including through friends and relatives to offer jobs abroad or solicit marriage partners. Due to its location, Belarus is also a transit route for human trafficking moving westward. Trafficking to Russia (or through Russia to other countries) poses a particular problem. This is both because of the existence of an open border between the countries and also because authorities in Belarus tend to turn a blind eye on problemsinvolving Russia due to political considerations.
Child Pornography
The government acknowledges that the worldwide increase in the problem of child pornography has not left Belarus unaffected, but asserts that child pornography is not a large-scale phenomenon in the country.[15]Based on analysis of search volume patters from 2004 to present, the search on the internet for terms such as “teen porn” has experience a “breakout” of high volume in Belarus – a change in growth greater than 5,000 per cent.[16] Cases were reported in Belarus of boys and girls as young as ten trafficked for the production of child abuse images.[17] These studies in Belarus revealed different modalities and forms of exploitation related to child abuse images. The predominant form featured organised criminal networks using children in the production of abuse materials for immediate distribution and financial profit.[18] There have been also a number of cases where Belarus based web-pages have processed payment for child pornography.[19] The undeterred use of financial institutions and mechanisms to facilitate payments for child abuse materials has also been highlighted as a major concern, by a government representative from Belarus.[20]
Government’s sources report 71 minors exploited in the production of child pornography in 2008. The number was reportedly reduced in 2009 to 22 minors and only 1 case was recorded during the first six months of 2010.[21]At a press conference that took place in Kiev at the Embassy of Belarus in December 2009, the representative of the MIA reported 11 cases of child pornography in 2007; 71 cases in 2008 (61 of them also involved in child prostitution) and 17 cases in 2009. Some data is also available on cases arising from investigations related to the manufacturing and distribution of child pornography: 6 cases in 2007 and 6 cases in 2008; in 2009 there have been 12 cases of production of child pornography, 34 cases involving use of the Internet; 9 sites offering child pornography and identification of 2 studios producing child pornography that were closed.[22] There is no further information on the penalties inflicted to the criminals nor on identification and assistance to victims.
Due to the relatively low rate charged for internet connectivity in Belarus andthe absence of a monthly fee, the number of Internet users has increased considerably. In 2009 the Internet penetration rate in Belarus was 46.2 per cent leading the way in the region.[23] Children in Belarus are increasingly using the Internet to communicate, chat or play games. In the context of the situation described and an absence of child protection and prevention measures the expansion of ICT in the country brings a considerable challenge to tackle online grooming and sexual exploitation online, as young people are not properly informed of these risks in cyberspace. [24]
Photo studios in Minsk produce child pornography.In March 2008 law enforcement authorities arrested five suspects, three of whom were from Russia and were producing abuse materials with boys from 16 to 21 years old. The images were produced in apartments in Minsk. Based on information from the MIA, more than 50 people were identified, but several hundred children and youth are believed to have been engaged in the production of these abusive materials. The case was reported to the authorities by a Belarusian citizen living in Germany who discovered abusive images of one of his young relatives on the Internet. The boy victims identified in this case appear to be from boarding schools and families in difficult situations, but not exclusively.[25]
II.GENERAL MEASURES OF IMPLEMENTATION
Independent Children Institution
Presidential Decree № 675 of 2006 set upa National Commission to examine complaints of violation of children’s rights and if necessary take measures to restore their rights functioning as a kind of Ombudsperson for Children’s Rights.[26]There is, however, no information on the work of the National Commission and on cases of violations of children rights followed by the commission.
National Plan of Action
Belarus does not have a specific national plan of action against commercial sexual exploitation of children. The National Action Plan on Improving the Status of Children and Protection of Children’s Rights 2004-2010 has a dedicated chapter focusing on the protection of children from violence, trafficking and exploitation.[27]However, there is not information available on the implementation of the National Plan nor on the progress made in relation to the issues and measures covered by it. Since the National Plan ends in 2010, a new national plan will need to be developed. The new Plan should be developed to address the different forms of sexual exploitation of children. Action should be undertaken through comprehensive measures that both prevent and protect children and adolescents from sexual exploitation and provide redress for victims adopting gender and child focused strategies, that are regularly monitored and evaluated.
Prevention
Preventive efforts by the government of Belarus in matters related to provisions covered under the OPSC are primarily addressed through its focus on child trafficking. While public awareness and preventive measures are becoming a more integral part of the governmental agencies’ strategy in fighting human trafficking, in 2009 the government made modest progress in trafficking prevention activities.[28]Citizens, the media, and NGOs in Belarus are often subjected to government intimidation and strict control. This environment has limited the opportunity for open discussion about situation of sexual exploitation of children, in all its forms, in the country.
However, the NGO “Children – not for Abuse” (ECPAT affiliate group in Belarus) conducted several activities to counter child trafficking. the NGO “Children – not for Abuse” Youth group carried out in 2008-2009 an awareness raising project for 260 girls from boarding schools on the issue of child trafficking. As a follow up of the recommendations of the ECPAT Regional Overview on Child Sexual Abuse Images through the Use of Information and Communication Technologies in Belarus, Moldova, Russia and Ukraine, conducted in 2007, “Children – not for Abuse” organized in 2009-2010 2 Internet on-line conferences for journalists, government officials, NGOs, and psychologists as well as roundtables with experts from the government and from the civil society on the protection of children from sexual exploitation in the cyberspace.
In 2009-2010, “Children – not for Abuse” also delivered 10 trainings for children and teenagers on the issue of “Safe Internet for Children” in Minsk and Dzerzhinsk. 153 children and young people were trained. After the training sessions, “Children – not for Abuse” organized a drawing competition among student on the protection of children on the Internet (“My Safe Internet”). Their drawings, which are available online ( were used to produce awareness materials (stickers, postcards, calendars, diaries).
“Children – not for Abuse” also organized specific debates for teachers on the issue of “Violence against children in Cyberspace. Is it possible to resist?”. 41 teachers from Minsk have been trained in 2009-2010 and have been able to provide guidance to their students with regard to a safe use the Internet.
Other forms of sexual exploitation of children have received little focus in terms of preventive action. In this regard, it should be noted that some initiatives have been developed in Belarus to promote internet safety and prevent the risks of violence against children in cyberspace. In June 2009, ECPAT International’s project Child Abuse Training on the Safety of Children on the Internet carried out training in Belarus on measures for child protection on the Internet. Teachers from different institutions attended the training, which focused on providing building knowledge on the issues and providing guidance on measures to be taken to assure maximum benefit and safety on the Internet for children.[29]
With regard to online child pornography, it has to be highlighted that no Internet reporting hotline have been established to enable Internet users to report child sexual abuse materials.
Child Helpline
Belarus does not have a national child helpline, but the country is an associate member of the Child Helpline International: CHI has worked closely with Belarus for the establishment of a child help line.[30]La Strada and the Young Women’s Christian Association have maintained a women’s hotline to provide advice regarding offers of employment or marriage that are suspected to be trafficking-related.[31] However these mechanisms are not designed to meet the specific needs of children victims of commercial sexual exploitation.
III.PROHIBITION AND RELATED MATTERS
International and Regional Children’s Rights Legal Standards
Belarus applied for membership to the Council of Europe (CoE) in 1992, but it has not been accepted yet.The Parliamentary Assembly of the CoE considers that Belarus does not meet the conditions to be a member of the CoE in terms of pluralist democracy, compliance with the rule of law and respect for human rights and fundamental freedoms.[32] Belarus has not signed the CoE Convention on Cybercrime, the Convention on Action against Trafficking in Human Beings and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
National Legislation Related to CSEC
Main domestic legislation dealing with the protection of the OPSC related provisions are: the Criminal Codeof the Republic of Belarus amended in 2005 and the 2005 Presidential Decree No. 3 on Certain Measures Aimed to Combat Trafficking in Persons. Overall Belarusian legislation fails to meet international standards set up by the OPSC. Strategy and models of implementation require modification and development of legislative, normative and law enforcement framework.
Prostitution of Children
Belarus law criminalises the involvement of children into prostitution, but it lacks a clear definition of child prostitution as established in the OPSC. Article 173(1) of the BelarusianCriminal Code establishes liability for the “corruption of minors”, defined as the “involvement in prostitution a person less than 18 years of age.”[33] The use of vague terms such as “involvement” is not in line with the Article 3 of the OPSC. According to this article, Belarus should harmonize its domestic legislation in terms of child prostitution in order to criminalise all acts of offering, obtaining, procuring and providing a child for prostitution. Additionally, clients/exploiters of child prostitution, and those who own, lease or manage premises where prostitution of children occurs should be liable.
Sale of Children and Trafficking in Children for Sexual Purposes
National legislationis being gradually brought into conformity with the international law. However the definition of trafficking is not in line with the provision of the Trafficking Protocol and needs to the amended. Belarusian law prohibits trafficking in persons for the purposes of sexual exploitation through Article 181 of its Criminal Code “Trafficking in Human Beings”, amended in 2005.[34]After the 2005 reform, the definition of trafficking in Belarus legislation is more in line with Article 3(a) of the Trafficking Protocol definition. However, some additional changes are required. Belarus legislation should be amended to expressly establish the irrelevance of the child victim’s consent as to Article 3(b) of the Trafficking Protocol. In 2008 the President of Belarus signed Decree No. 666 to approve the plan for working out draft laws for the “Amendments and addenda to laws of the Republic of Belarus regulating counteraction of illegal migration, propagation of slave labour, prostitution and child pornography”. The laws have not been amended yet at the time of writing this report.
Child Pornography
Belarusian law includes some provisions against the production and dissemination of child pornographic materials. However, they are not in line with Article 2 and 3 of the OPSC as a comprehensive definition of child pornography is lacking. The Criminal code does not criminalise virtual child pornography nor does it covers suggestive representations of children which do not depict children engaged in explicit sexual activity (child erotica). In addition it does not punish mere possession of child pornography, knowingly accessing/viewing child pornography. Belarus legislation also fails to criminalise solicitation of children for sexual purposes (grooming) and to establish mandatory reporting of suspected sexual exploitation for person in position of responsibility, for professionals that may be exposed to child pornography because the nature of their work, for internet providers and for financial companies.