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

Forced Labour Convention, 1930 (No. 29) - Bosnia and Herzegovina (Ratification: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 - Bosnia and Herzegovina (Ratification: 2018)

The Committee notes with regret that the Government has not provided its first detailed report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee once again requests the Government to provide detailed information on the application of the Protocol, in accordance with the report form adopted by the Governing Body, alongside the report on the Convention.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Strategy and Action Plans. The Committee notes, from the Report on the Evaluation of the Implementation of the Strategy to Suppress Trafficking in Human Beings in Bosnia and Herzegovina 2020–23 (Evaluation Report), that although significant progress has been made with regard to the establishment and functioning of the anti-trafficking system, the overall objective and specific objectives defined in the strategy still remain relevant for future planning. However, the sustainability of the results of the activities carried out could be improved through continuous engagement, coordination and institutional support, stronger institutionalization and clearer regulation of the processes in the anti-trafficking system (including intensified efforts to secure sustainable sources of public funding and full monitoring at all levels of the implementation of the strategy). In this regard, the Committee observes that the new Strategy for 2024–27, which aims to ensure a continuous, comprehensive and sustainable social response to trafficking in persons, sets out strategic measures focusing on four specific goals: prevention, prosecution, protection and partnerships. To facilitate the implementation of the Strategy and achieve its general and specific goals, all levels of government within the Federation of Bosnia and Herzegovina, Republika Srpska and the Brcko District must define anti-trafficking proactive policies and action plans. The Committee requests the Government to provide specific and detailed information on the implementation of the Strategy 2024–27, indicating the policies and action plans adopted by the respective governments to achieve its strategic goals. The Committee also request the Government to provide information on the regular monitoring of the implementation of the Strategy and the relevant action plans undertaken by the Monitoring Team, indicating the results achieved and the difficulties encountered.

2. Identification and protection of victims. The Committee notes that the Evaluation Report highlights several gaps in victim support mechanisms, including: the absence of standardized procedures for identification, support and referral of victims; the lack of strategic programmes for the self-assessment of victims; and the lack of clear provisions relating to the legal assistance and support to victims of trafficking in exercising their right to claim compensation for non-pecuniary damages. The Committee notes that according to the statistics included in the Strategy for 2024–27, 37 potential victims of trafficking in persons were identified in 2023 with the most common forms being trafficking for forced begging (62 per cent) and sexual exploitation (17 per cent). In this respect, the Committee observes that Goal 4 of the new Strategy aims to enhance general protection and assistance measures for victims by establishing a standard operating procedures for victim identification, referral and assistance across all government levels; standardizing victim assistance services nationwide; defining a set of social measures and services that meet their reintegration needs; strengthening mechanisms for legal aid and support; and establishing mechanisms that ensure access to compensation. The Committee requests the Government to provide information on the measures taken to: (i) facilitate access to assistance and reintegration services for victims of trafficking in persons, including through the establishment of standard operating procedures for victim identification and referral; and (ii) ensure that victims receive appropriate compensation. It also requests the Government to provide information on the victims identified, those who have been granted protection and assistance services, and on the type of assistance provided.

3. Prosecution and application of penal sanctions. The Committee notes that the Evaluation Report acknowledges only moderate improvements in the detection and prosecution of trafficking in persons cases. According to the Report, the Trafficking Prosecution Protocol, a guideline for more effective prosecutions, adopted by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, has not yet been implemented. Additionally, there is a need to provide training and build the capacity of relevant institutions, law enforcement bodies, border police, and investigators to improve the efficiency of investigations and prosecutions of trafficking-related offences. The Committee also notes from the Strategy for 2024–2027 that although the trends indicated a reduction in the number of potential victims of trafficking identified, there was an increase in the number of investigation orders, indictments and convictions for the period 2020–2023. Fourteen convictions, eight investigations and one indictment were ordered for cases related to trafficking in persons in 2023. The Committee further notes that one of the strategic goals outlined in the 2024–2027 Strategy is to strengthen the criminal justice response to human trafficking including through conducting proactive and timely investigations of trafficking cases; ensuring systematic and continuous training of police officers, prosecutors and judges; and enhancing the capacity of the law enforcement institutions to investigate complex cases. The Committee requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, including the appropriate training provided to them, to ensure the effective investigation and prosecution of cases of trafficking in persons. The Committee also requests the Government to provide information on the investigations carried out, the prosecutions initiated and convictions and specific penalties imposed under the relevant provisions of the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Brčko District; and the Criminal Code of the Republika Srpska of 2017, which criminalize trafficking in persons.