Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously noted that in 2015, the criminal offences of transnational trafficking (section 186), organized transnational trafficking (section 186(a)), and international procuring in prostitution (section 187) were introduced into the Criminal Code of Bosnia and Herzegovina of 27 June 2003. In 2016, section 210(a) on trafficking in persons and section 210(b) on organized trafficking in persons were introduced into the Criminal Code of the Federation of Bosnia and Herzegovina of 9 July 2003. Under section 207(a) of the Criminal Code of the Brčko District of 2003 and section 145 of the Criminal Code of the Republika Srpska of 2017, trafficking in persons is a criminal offence.

The Committee notes the information provided by the Government in its report indicating that in 2017, under sections 186 and 187 of the Criminal Code of Bosnia and Herzegovina, the State Investigation and Protection Agency (SIPA) investigated four cases against six persons, which resulted in four convictions, whereas in 2018, there were no investigations. In 2017, in the Brčko District, one person was convicted under section 207(a) of the Criminal Code of the Brčko District. In 2017–20, in the Republika Srpska, three cases of trafficking in persons were investigated, which resulted in two convictions against three persons. The Committee notes the information provided by the Government in its 2020 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings indicating that a significant number of verdicts showed that there is still a misunderstanding of the essence of trafficking in persons and that there is a mismatch of views among court panels in its interpretation. In this respect, the Committee observes that one of the five strategic goals of the Strategy of combating trafficking in persons in Bosnia and Herzegovina and the Action Plan for 2020–2023 (SAP 2020–2023) aim at the improvement of detection and prosecution of perpetrators of trafficking in persons and related crimes, including by training of police officers, prosecutors, and judges. The Committee requests the Government to strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. The Committee further requests the Government to provide information on the measures taken within the framework of the SAP 2020-2023 in this regard and the results achieved. It also requests the Government to continue to provide information on the application of the abovementioned provisions of the Criminal Codes in practice, including the number of prosecutions, convictions and the specific penalties applied.

2. Programme of action. The Committee previously noted that according to the evaluation of the implementation of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and the Action Plan for 2013–15 (SAP 2013–15), about 80 per cent of activities envisaged in the Action Plan had achieved the expected results. The main factors influencing the failure to achieve the objectives included lack of political will, financial resources or capacity, complex internal structure, unclear and conflicting jurisdiction, unstable political situation and difficult economic situation. The Committee further noted that the SAP for 2016–19 was adopted and that the coordination and assessment of its implementation was entrusted to the monitoring team set up for this purpose.

The Committee takes note of the information provided by the Government indicating that according to the annual reports of the monitoring team on the implementation of the SAP 2016-2019, out of 80 activities, 63 activities were fully implemented, 12 activities were partially implemented and 5 activities were not implemented in 2018. Out of 77 activities, which were planned to be implemented in 2019, 62 activities were fully implemented, 11 activities were partially implemented and 4 activities were not implemented. The Committee requests the Government to provide information on the implementation of the SAP 2020–23 and the results achieved in this regard.

3. Protection of victims. In its previous comments, the Committee noted that, 16 presumed victims of trafficking were identified in 2013, 49 in 2014, 35 in 2015 and 45 in 2016. The prevailing form of exploitation over that period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation (92 victims), followed by sexual exploitation (34 victims) and forced labour (15 victims). The Committee further noted that although by law the prosecutor should inform the victim about the possibility to file a claim for compensation in criminal proceedings, in practice victims are discouraged to do so because it would prolong the proceedings. As a result, there was no information about any victim who actually received compensation from the perpetrator. Moreover, the State compensation scheme for victims was not established due to political and financial difficulties.

The Committee notes the indication by the Government that in 2017, there were 83 presumed victims of trafficking in persons, including for the purpose of sexual exploitation (10 victims), labour exploitation (7 victims), and beggary (52 victims). In 2018, 36 presumed victims of trafficking in persons were identified, including 21 women and 15 men; in 2019, there were 21 presumed victims of trafficking in persons, including 17 women and 4 men. The Government also indicates that safe accommodation was provided to 26 victims of trafficking in persons in 2017 and to 9 victims in 2019. The Committee observes from the 2018 Government’s report on the measures taken to comply with the Committee of the Parties Recommendation CP(2017) 27 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, that Bosnia and Herzegovina did not make any progress in setting up the State compensation scheme for victims of trafficking in persons. The Committee further observes the information provided by the Government in its 2020 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that according to current practice, victims of trafficking in persons cannot receive the awarded monetary claims because the convicted persons have no property or other income, and therefore the decision on execution has no legal effect.

The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, expressed concern about the lack of specialized shelters to accommodate women and girls who are victims of trafficking in persons and exploitation of prostitution, and the severe understaffing and lack of technical and financial resources of the centres for social welfare (CEDAW/C/BIH/CO/6, paragraph 27). In this respect, the Committee observes that the SAP 2020–2023 addresses the issue of protection of victims through the allocation of sufficient funds for safe accommodation, including specialized shelters for women and girls, and ensuring access to assistance and services (strategic goal No. 4). Furthermore, the SAP 2020-2023 provides for the establishment of special funds for the purpose of compensation of victims of trafficking in persons and ensuring easier access to compensation in criminal and civil proceedings (strategic goals Nos. 3 and 4). The Committee requests the Government to continue to take measures to facilitate access for victims of trafficking in persons to assistance and services, including specialized shelters for women and girls. It also requests the Government to continue to provide statistical data on the number of victims of trafficking in persons identified and who have been granted protection and assistance. The Committee once again requests the Government to provide information on the measures taken to ensure that victims of trafficking in persons receive appropriate compensation within a reasonable time limit.

Noting 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 requests the Government to provide it with its next report on the application of the Convention due in 2024.

Article 1(1) and (2) of the Convention. Definition of “industrial undertaking”. Federation of Bosnia and Herzegovina (FBiH). The Committee previously noted that the Labour Law of the FBiH No. 62 of 2015 (Labour Law of the FBiH, 2015) prohibits minors from performing particularly hard manual labour, underground or underwater works, or other jobs, which could have a harmful effect or pose increased risks to their life and health, development or morality, given their psychological and physical capacities (section 57(1)). In addition, section 42(1) of the Labour Law of the FBiH, 2015 prohibits night work of minors, and section 42(2) states that for minors employed in industry, “night work” includes work between 7 p.m. and 7 a.m. According to section 42(5), the Federal Minister of Labour and Social Policy shall prescribe the activities considered to be industrial in terms of night work for minors by virtue of a Rulebook.

The Committee notes with regret the Government’s reply in its report that the Rulebook, pursuant to section 42(5) of the Labour Law of the FBiH, 2015, has not been adopted yet. The Committee also takes note of the Government’s intention to harmonize the national legislation with the Convention on this point. The Committee therefore once again expresses the firm hope that a Rulebook, prescribing the activities considered as industrial for night work for minors and which will take into account the compliance with Article 1(1) and (2) of the Convention will be adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard.

Brčko District. The Committee previously noted the Government’s statement that in the Brčko District, activities that fall under the term “industrial undertakings” are regulated by collective agreements based on the laws regulating agricultural, commercial and other activities and which determine the boundary that separates industry from other activities. The Committee requested the Government to clarify whether the classification by collective agreement in the Brčko District includes all the activities mentioned under Article 1(1) of the Convention, in particular activities related to mining and quarrying.

The Committee notes an absence of information in the Government’s report in this respect. The Committee observes, however, that section 2(a) of the new Labour Law of the Brčko District No. 34/19 of 2019 (the Labour Law of the Brčko District, 2019) defines the term “employer” as a domestic or foreign legal entity or entrepreneur who employs persons in accordance with the Labour Law. The Committee observes therefore that an employer is determined regardless of the business performed and that the prohibition on night work of young persons under the age of 18 years set out by section 57(1) of the Labour Law of the Brčko District, 2019 is applied in industry and in other branches of business activities. The Committee further observes that the Classification of Activities in Bosnia and Herzegovina of 8 June, 2010 (KD BIH 2010) includes the activities established by Article 1(1) of the Convention.

Articles 2(1) and 3(1) of the Convention. Period during which night work is prohibited for persons under 18 years. Republika Srpska. The Committee previously noted that section 72(1) of the Labour Law of the Republika Srpska, 2015, read in conjunction with section 70(2), prohibits the night work of young persons under the age of 18 years between 7 p.m. and 6 a.m., that is for a period of 11 consecutive hours, which is inconsistent with Article 2(1) of the Convention. The Committee recalled that Article 2(1) of the Convention, read in conjunction with Article 3(1), stipulates that the prohibition on night work of young persons under the age of 18 years shall constitute a period of at least 12 consecutive hours.

The Committee notes with regret the indication by the Government, according to which there were no changes during the reporting period in this respect. The Committee once again requests the Government to take the necessary measures to bring the Labour Law of the Republika Srpska, 2015 into line with Articles 2(1) and 3(1) of the Convention thereby prohibiting night work of a period of at least 12 consecutive hours for young persons under the age of 18 years.

Articles 4(2) and 5. Exemptions from the prohibition of night work of persons of 16–18 years of age in case of emergencies. FBiH, Republika Srpska and Brčko District. The Committee previously noted with regret that the Labour Law of the FBiH, 2015 and the Labour Law of the Republika Srpska, 2015 had not taken into account the Committee’s comments related to the age of young persons for whom temporary exceptions from the prohibition of night work in case of emergencies may be granted, according to Articles 4(2) and 5 of the Convention. In particular, the Committee observed that the exceptions from the prohibition of night work under section 42(4) of the Labour Law of the FBiH, 2015 refer to minor employees (between 15 and 18 years of age), and under section 72(2) of the Labour Law of the Republika Srpska, 2015, apply to workers younger than 18 years of age. In addition, the Committee noted that section 28(3) of the Labour Law of the Brčko District No. 19/06 of 2006 exempted temporarily minor employees (between 15 and 18 years of age) from night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. The Committee recalled that pursuant to Articles 4(2) and 5 of the Convention, the prohibition of night work shall not apply or may be suspended only with regard to young persons between the ages of 16 and 18 years in case of emergencies.

The Committee notes with regret that the new Labour Law of the Brčko District, 2019 did not take into account the Committee’s comments on this matter. In particular, section 57(2) of the Labour Law of the Brčko District, 2019 allows minor employees under the age of 18 years to be temporarily exempted from the prohibition of night work in the event of elimination of the consequences of force majeure and accidents or for the purpose of protection of general interests, based on the approval of the labor inspector. The Committee further notes the indication by the Government that the Committee’s comments will be taken into consideration during the next review of the Labour Law of the FBiH, 2015. The Government also indicates that in the Republika Srpska and the Brčko District, there were no cases of the work carried out at night by young persons under 18 years of age in case of emergencies. The Committee once again requests the Governments of the FBiH, the Republika Srpska and the Brčko District to take the necessary measures to ensure that the exemption on the prohibition of night work shall be applicable only to children between the ages of 16 and 18 years in accordance with Article 4(2) in case of emergencies which could not have been controlled or foreseen or suspended in accordance with Article 5 when in case of serious emergency, the public interest demands it. The Committee requests the Government to provide information on any measures taken in this regard.

Impact of compulsory prison labour on the application of the Convention. Brčko District. With respect to its previous request concerning the voluntary character of the work performed by convicts, the Committee notes that by virtue of section 112(1) of the Criminal Code of the Brčko District of 2003, convicted persons sentenced to imprisonment may work only with their consent. The Committee further observes that the violation of the legislation governing political parties, assemblies, meetings and demonstrations in the Brčko District, in particular the Law on Peaceful Gathering of 29 July 2020, the Law on Political Organizations of 29 August 2002, the Law on Public Assembly of 25 July 2012, and the Law on Public Order and Peace of 14 October 2009, is punishable by a fine.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the International Trade Union Confederation (ITUC) received on 1 September 2017. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In their observations, the workers’ organizations allege that the Government has failed to declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment. They stress that the employment situation in both Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) is dire, with extremely high rates of unemployment, citing a 28 per cent general unemployment rate and youth unemployment rates exceeding 60 per cent. The Committee notes the Government’s indication that, pursuant to the Law on Employment Intermediation and Social Security of Unemployed Persons of the FBiH, the relevant authorities of the FBiH or Cantons are responsible for establishing measures to increase employment rates and improve the situation of employed persons. The FBiH adds that the work plan of the FBiH Employment Institute provides for the various forms of support for the promotion of employment, self-employment, preparation for entering the labour market; and professional development and training. These measures seek to integrate unemployed persons into the labour market, particularly in relation to persons belonging to hard-to-employ categories of unemployed persons. The Committee notes that section 23 of the Law gives priority to persons with disabilities in employment. With respect to the Brčko District of BiH, the Committee notes that the Law on Employment and Rights during Unemployment and the Labour Law of the Brčko District provide for professional training, preparation for employment and special protections for women, minors and persons who are not fit for work. In relation to the RS, the Committee notes that the RS Employment Strategy 2011–15 established a system for the registration of unemployed persons with the RS Employment Bureau (RSEB). The Committee notes the Government’s indication that the RSEB implemented three projects providing support for employment in the RS from 2013 to 2015, through which a total of 4,522 persons were employed. In October 2016, the RS National Assembly adopted the RS Employment Strategy 2016–20, which seeks to increase employment and stimulate economic activity in RS through the implementation of thirteen operational goals and fifty specific measures. The Committee notes the Government’s indication that, according to the records of the RSEB, implementation of these measures led to the employment of 34,593 persons in 2015. The Government adds that the measures set out in the RS Employment Action Plan for 2017 seek, inter alia, to structurally reform the role of the RSEB and focus its activity on employment intermediation. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex, age and administrative entity, on the impact of the policies and measures implemented to promote full, productive and freely chosen employment, including the employment promotion activities carried out under the Employment Strategy of Republika Srpska 2016–20.

Employment trends. The FBiH reports that there were a number of positive changes in the labour market in 2016. The RS indicates that a gradual stabilization of the labour market began in 2013, adding that numerous measures taken by the RS and other stakeholders addressed the increasing unemployment rate. The Committee notes that, according to data from the FBiH Statistics Institute, 457,974 workers were employed in the FBiH in 2016. It further notes that data from the Labour Force Survey indicates that the employment rate in the FBiH stood at 30.5 per cent in 2016, while the average unemployment rate was 25.6 per cent, a reduction of 3.31 per cent in comparison with the 2015 average. The Committee notes the high unemployment rate among young persons 15–24 years of age, which decreased from 64.9 per cent in 2015 to 55.1 per cent in 2016. The Committee further notes that, according to the ILOSTAT database, the general unemployment rate for young persons was 45.8 per cent in 2017. At the end of 2016, the largest percentage of those registered as unemployed in the FBiH (44.24 per cent) were in the 30–49 age group, followed by persons under the age of 30 (32.5 per cent) and persons over the age of 50 (25.26 per cent). In 2016, 133,037 persons were removed from the records of the Cantonal employment services, 115,379 persons were registered as unemployed and 92,263 persons were placed in employment. This represents an increase of 15,671 in comparison with 2015. According to the ILOSTAT database, in 2017, the general unemployment rate was 20.5 per cent, whereas the unemployment rate for men and for women was 18.9 per cent and 23.1 per cent, respectively. The Committee requests the Government to continue to provide statistical data disaggregated by sex and age concerning the size and distribution of the labour force, including the size of the informal economy and employment trends in relation to employment, unemployment, and visible underemployment.

Undeclared work. In their observations, the workers’ organizations indicate that the informal economy is widespread, maintaining that the Government has not made serious efforts to tackle this issue effectively. They emphasize that nearly one-third of all persons who are employed are working in the informal economy, trapped there primarily due to poor access to the labour market, slow job creation in the formal economy and the lack of skills matching labour market demands. They add that workers in rural areas face a higher probability of remaining in informal employment in comparison with workers in other sectors. The Committee notes that, according to the RS Employment Strategy 2016–20, informality is predominately present in agriculture, making up about two-thirds of informal employment, with informal employment concentrated among the rural population. The Committee therefore once again requests the Government to provide detailed updated information on the measures taken or envisaged to facilitate the transition of undeclared workers in the informal economy to employment in the formal economy, with special attention to the agricultural sector and rural communities.

Workers vulnerable to decent work deficits. The FBiH indicates that a number of gender-sensitive programmes implemented by the FBiH Employment Institute focus on specific groups of workers vulnerable to decent work deficits: women; young persons; persons with disabilities; persons belonging to the Roma community; persons over the age of 40; and the long-term unemployed. The RS reports that 2,859 persons were employed through Social Safety Nets and the Employment Support Project. In addition, 543 persons were employed in 2015 through a project to support the employment of persons over the age of 45 and 135 persons were employed through an employment support project targeting the Roma minority from 2011 to 2015. It adds that the RS Employment Action Plan for 2017 sets out a number of measures aimed at increasing the employability of persons under the age of 30, persons over the age of 50 and persons belonging to the Roma community. In their observations, the workers’ organizations allege that the 2015–18 Reform Agenda fails to address the interests of women, workers in the informal economy and workers with disabilities. In addition, the workers’ organizations observe that women have low participation levels in political and public affairs, noting that the gender pay gap in BiH is larger than the EU average. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by age and sex in the three administrative entities, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, informal workers, the long-term unemployed, persons with disabilities and members of the Roma community. Noting, moreover, the gender pay gap and the higher rates of unemployment for women, the Committee requests the Government to provide information on specific measures taken to promote employment for women at all levels and across all sectors, including in decision-making positions.

Employment of young persons. The Committee notes that, according to the ILOSTAT database, the youth unemployment rate in the country stood at 45.8 per cent in 2017. The Committee notes that both FBiH and the RS took measures to promote the employment of young persons. In this regard, the RSEB implemented five projects from 2011 to 2014 to support young persons in gaining work experience, through which 3,650 persons were employed as trainees. Furthermore, the RS Employment Action Plan for 2017 contemplates the promotion of socially useful employment for youth, for which 50,000 Bosnian convertible marka (BAM) are allocated. In their observations, the workers’ organizations express concerns in relation to the high rate of youth unemployment and the likelihood that they will remain in long-term unemployment and the mass exodus of young educated persons from the country seeking work elsewhere. The Committee requests the Government to provide updated detailed information, including disaggregated statistical data on the impact of the measures taken by the three administrative entities of the country to promote full, productive, freely chosen and lasting employment for young workers.

Vocational education and training. The Committee notes that the FBiH Employment Institute and the Cantonal employment services are responsible for implementing the Job Preparation Programme: from Training to Employment, which provides co-financing for the training of unemployed persons to enable them to acquire professional skills tailored to the needs of employers. In respect of the RS, the Committee notes the establishment of 11 job clubs and 6 Information, Counselling and Training Centres which provided job search assistance to more than 34,376 beneficiaries from 2011 to 2015, leading to the employment of 9,172 persons. Furthermore, the RS Employment Action Plan for 2017 contemplates the development, financing and delivery of training aimed at enhancing the employability of active jobseekers, for which BAM500,000 are allocated. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to improve vocational education and training and on their impact on the employability and competitiveness of the national labour force.

Article 3. Consultation with the social partners. The Committee notes the Government’s indication that the tripartite FBiH Economic and Social Council discusses all measures related to economic and social policy prior to their formal adoption and that the RS Employment Action Plan for 2017 was adopted after consultation with the social partners. In their observations, the workers’ organizations allege that the social partners were not able to participate in the development and implementation of the 2015–18 Reform Agenda and that this lack of participation and transparency continued in relation to laws and policies adopted by regional governments in 2016. They further allege that the 2015 Labour Law undermines the strategic position of trade unions and collective agreements. The Committee requests the Government to provide detailed information on the nature and extent of the involvement of the social partners in the development, implementation, monitoring and review of employment policy measures and programmes in the different administrative entities.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina (FBiH). In its previous comments, the Committee noted that pursuant to section 57 of the Labour Law of the FBiH No. 26/16 of 2016, underage persons may not be assigned to any physically demanding work, underground or underwater work, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. The Committee further noted that a by-law that shall define the types of work referred to in section 57 of the Labour Law had not been adopted. The Committee notes with regret that according to the information provided by the Government in its report, such a by-law has not been adopted yet. Observing that it has been raising this issue since 2005, the Committee once again urges the Government to take the necessary measures to ensure, pursuant to section 57 of the Labour Law of the FBiH, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

2. Brčko District. The Committee previously noted that section 41 of the Labour Law of the Brčko District No. 19/06 of 2006 provides that underage persons may not be assigned to any dangerous or demanding work, underground or underwater work, or any other work likely to pose a hazard or jeopardize their life, health, physical development or morale, and that these types of work shall be regulated under collective agreements. The Committee requested the Government to provide information on the progress made in adopting the list of types of work prohibited to children and young persons under 18 years of age, as well as on the types of work prescribed by collective agreements.

The Committee notes with regret an absence of information in the Government’s report in this respect. The Committee further notes that pursuant to section 75(1) of the new Labour Law of the Brčko District No. 34/19 of 2019, employees under the age of 18 may not be assigned to any physically demanding work, underground or underwater work, work carried out at a height, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. Observing that it has been raising this issue since 2005, the Committee urges the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

The Committee reminds the Government that it may avail itself of ILO technical assistance in order to facilitate the application of the Convention.

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

[The Government is asked to reply in full to the present comments in 2022.]

Article 9(1) of the Convention. Penalties. 1. Federation of Bosnia and Herzegovina (FBiH). In its previous comments, the Committee noted that section 171(1)(3) of the Labour Law of the FBiH No. 26/16 of 2016 provides that a fine in the amount of 1,000 to 3,000 Convertible Marka (BAM), or of BAM5,000 to 10,000 in case of a recurring violation, shall be imposed on employers (legal persons) if they have concluded an employment agreement or if they have employed an underage person for any type of work, in breach of section 20 of the Labour Law. The fine is of BAM2,000 to 5,000 on employers (natural persons) for the same offence.

The Committee notes the indication by the Government in its report that no penalties were imposed by the labour inspectors of the Federal Administration for Inspection Issues (FAII) for violation of section 20 of the Labour Law of the FBiH during the reporting period. The Committee requests the Government to continue to provide information on the application of section 171(1)(3) of the Labour Law of the FBiH, in conjunction with its section 20, in practice, in particular the number of violations detected and the penalties imposed.

2. Brčko District. The Committee previously noted the Government’s indication that section 110 of the Labour Law of the Brčko District No. 19/06 of 2006 shall be amended to provide that a fine between BAM1,000 and 10,000 shall be imposed on employers (legal persons) if they have concluded an employment agreement with a person under the age of 15 years, in violation of section 10(1) of the Labour Law, or if they have employed an underage person without fulfilling the requirements referred to in section 10(2) of the Labour Law.

The Committee notes with interest that the new Labour Law of the Brčko District No. 34/19 of 2019, in its section 173(1)(j) and (7), imposes a fine of BAM3,000 on employers (legal persons) for the conclusion of an employment agreement with underage persons, in violation of its section 20(1) which provides for a minimum age of 15 years for employment, and of section 20(2)(a) and (b) which sets out the requirements for the employment of persons between the ages of 15 and 18. The fine is of BAM1,500 on employers (natural persons) for the same offence (section 173(1)(j) and (9)). In addition, section 173(1)(hhh) and (7) of the Labour Law No. 34/19 of 2019 imposes a fine of the same amount for violation of its section 75 that sets out provisions on employment protection of underage persons, including the prohibition of performance of hazardous work. The Committee requests the Government to provide information on the application of section 173(1)(j) and (hhh) of the Labour Law of the Brčko District No. 34/19 of 2019 in practice, in particular the number and nature of violations detected and the penalties imposed.

Article 9(3). Registers of employment. Brčko District. Further to its previous request on the specific legal provisions that prescribe the keeping of registers of employees in the Brčko District, the Committee observes that by virtue of sections 165-167 of the Labour Law of the Brčko District No. 34/19 of 2019, employees must have working record books which shall be kept by their employers during the period of employment of employees. The Committee further observes that the Rulebook on Working Record Books of the Brčko District No. 7 of 2011 regulates the entry of data into the working record book, including the names and dates of birth of employees (section 3(2)).

Application of the Convention in practice. The Committee previously noted the Government’s information according to which, in the Republika Srpska, 97 young persons (62 boys and 35 girls) between the ages of 15 and 18 were recorded as employees in 2015 and 194 (125 boys and 69 girls) were recorded in 2016; in the FBiH, 338 employees under 18 years were recorded in 2014 and 197 in 2015; and in the Brčko District, no cases of employment of persons under the age of 18 had been registered by the labour inspectors.

The Committee notes the statistical data provided by the Government indicating that in the Republika Srpska, 75 employees (51 boys and 24 girls) between the ages of 15 and 18 were recorded in 2017; 69 employees (57 boys and 12 girls) were recorded in 2018; and 100 employees (81 boys and 19 girls) were recorded in 2019. The Government further indicates that according to the data of the labour inspectorate, in the Republika Srpska, there were no cases of work carried out by children under the age of 15. The Committee requests the Government to continue to provide statistical data, including on the number of children below the minimum age engaged in economic activities and the number of young persons engaged in hazardous work in the FBiH, the Republika Srpska and the Brčko District.

[The Government is asked to reply in full to the present comments in 2022.]

Articles 3(a) and 7(1) of the Convention. Trafficking of children and penalties. The Committee observes that pursuant to the Criminal Code of Bosnia and Herzegovina of 27 June 2003, transnational trafficking (section 185(2)) and organized transnational trafficking of persons under 18 years of age (section 186(2)) are criminal offences. Furthermore, section 210(a)(2) of the Criminal Code of the Federation of Bosnia and Herzegovina of 9 July 2003, section 146 of the Criminal Code of the Republika Srpska of 2017, and section 207(a)(2) of the Criminal Code of the Brčko District of 2003 penalize trafficking of children. The Committee observes from the 2018–20 Reports of the State Coordinator for Combating Trafficking in Human Beings that there were two persons convicted under section 207(a)(2) of the Criminal Code of the Brčko District in 2017 and two persons convicted under section 146 of the Criminal Code of the Republika Srpska in 2018. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern about the low rate of prosecutions and convictions of the trafficking and exploitation of children and urged the Government to strengthen training for law enforcement officers at all levels to investigate all cases of child trafficking and to ensure that the perpetrators of those criminal offences are prosecuted and adequately punished at all levels of jurisdiction (CRC/C/BIH/CO/5-6, paragraph 46). The Committee recalls that, under Article 7(1) of the Convention, the Government is obliged to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to ensure that persons involved in the trafficking of children are investigated and prosecuted and that sufficiently effective and dissuasive sanctions are imposed upon them. The Committee requests the Government to provide information on training sessions for law enforcement officers addressed to investigating child trafficking and apprehending perpetrators, including the number, nature, and duration of sessions and the number of officers attending. It also requests the Government to provide statistical data on the abovementioned sections of the Criminal Codes concerning the trafficking of children, including statistics on the number of investigations, prosecutions, convictions and penalties imposed.

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2020–2023. In its previous comments, the Committee noted that, 16 presumed victims of trafficking were identified in 2013, 49 in 2014, 35 in 2015 and 45 in 2016, the majority of whom were children. The prevailing form of exploitation over the 2013–2016 period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation. The Committee further noted the adoption of the Action Plan to Counter Trafficking in Human Beings in Bosnia and Herzegovina for the period 2016–2019 (Action Plan for 2016-2019), which aimed to improve the system of support for the fight against trafficking in persons, the effective prosecution of trafficking in persons and related crimes, the prevention of trafficking in persons by risk reduction and effective protection and assistance to victims of trafficking, and strengthening the partnership and cooperation between the parties involved in countering trafficking in persons.

The Committee notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29) that 47 presumed child victims were identified in 2017, 24 in 2018, and 5 in January-June 2019. The Government further indicates that 15 out of a total of 77 activities envisaged in the Action Plan for 2016-2019 were not fully implemented in 2019. In this respect, the Committee observes from the 2020 Report of the State Coordinator for Combating Trafficking in Human Beings that most of the activities on preventing and combatting trafficking of children contained in the Action Plan for 2016-2019 achieved the expected results. In particular, a number of trainings for workers of social centers and educational activities for school students were carried out under strategic measure C.3 of the Action Plan for 2016-2019 on the prevention of trafficking of children. In addition, support services were provided to child victims of trafficking which included the provision of shelter, food, clothing, footwear, hygiene supplies, and healthcare (strategic measure D.6 on protection and assistance services). The Committee also notes the adoption of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina for 2020-2023 on 23 January 2020 and its Action Plan (SAP 2020-2023). The SAP 2020-2023 focuses notably on the prevention of trafficking of children (strategic measure No. 2.5), the protection of child victims of trafficking during criminal proceedings (strategic measure No. 3.7), better identification of child victims of trafficking, and the provision of support services tailored to the needs of child victims (strategic measure No. 4.4). The Committee requests the Government to provide information on the implementation of the SAP 2020-2023, particularly the abovementioned strategic measures, and its impact on preventing and combating the trafficking of children under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that, as a result of various stimulus measures – including training of teachers and parents, the provision of free textbooks, transportation and school meals to Roma children, increased cooperation with the Centre for Social Welfare and helping families in need – an increased number of Roma children completed primary and secondary education in 2015 and 2016. The Committee noted, however, the concern expressed by the Committee on the Elimination of Racial Discrimination about the low school attendance of Roma children and their over representation in special schools because of alleged “social disabilities” or because such schools were often the only ones that provided support such as free meals, books or transportation, which many Roma families depended on to send their children to school.

The Committee notes an absence of information in the Government’s report on this point. However, it observes from the 2018-2020 Reports of the State Coordinator for Combating Trafficking in Human Being, that various projects were implemented which aimed at the provision of access to pre-school and primary education for Roma and other vulnerable groups of children, including the conduct of a 12-month literacy course for Roma girls for their further integration into the regular education system in 2018. The Committee also notes the adoption of the Framework Action Plan on the Educational Needs of Roma in Bosnia and Herzegovina (2018–2022). In addition, the Committee observes from the 2019 Report on the implementation of the Action Plan for Children of Bosnia and Herzegovina for 2015–2018 that in the period 2016-2018, 1500 Roma children, more than 3000 parents, and over 1000 teachers participated in the project “Affordable and quality education for Roma girls and boys” which aimed to prevent Roma children from dropping-out of school. The Committee notes, however, from the same report that only 10 per cent of Roma children complete high school. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern about the high rates of school dropout owing to poverty and economic hardship (CRC/C/BIH/CO/5-6, paragraph 39). While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to facilitate access of Roma children to free, quality basic education. It further requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, particularly with regard to improving the functioning of the education system, increasing the school enrolment rates and reducing the school drop-out rates of Roma children. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee noted the Government’s information that there had been considerable progress following the implementation of measures under the Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing and Health Care (2013–2016), which had had the effect of directly and indirectly reducing the exploitation of Roma children in all forms, especially in street begging. The Committee also noted that in 2015, 122 children (62 boys and 60 girls), all of them involved in begging, were assisted by the day centers (drop-in centers) for children. The Committee further noted that, according to a 2015 UNICEF study on child begging and other child street work, children working on the streets were mostly younger than 14, were primarily Roma although all communities were affected, and were very vulnerable and exposed to abuse.

While noting an absence of information in the Government’s report, the Committee observes from the 2019 Report on the implementation of the Action Plan for Children of Bosnia and Herzegovina for 2015 – 2018 that a series of measures were taken under specific objective H.3 of the Action Plan concerning the economic exploitation of children working on the streets. In particular, the 2019 Report indicates the conduct of awareness-raising activities and the establishment of day centers for children working on the streets, such as a shelter in Tuzla Canton for children from the age of 3-18 years who are victims of different forms of exploitation, including begging. The 2019 Report, however, indicates the lack of sufficient funding of such day centers. The Committee further notes that the CRC, in its concluding observations, recommended to provide alternative opportunities for children in street situations, including vocational training and employment opportunities, as well as to provide adequate financial support to the day centers for children working in the street (CRC/C/BIH/CO/5-6, paragraph 45). The Committee encourages the Government to strengthen its efforts for the removal of children working on the streets and to ensure their rehabilitation and social integration, with special attention to the most vulnerable groups. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

Comments adopted by the CEACR: Bosnia and Herzegovina

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C090 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)