Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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)

Communication of texts. The Committee again requests the Government to supply, with its next report, a copy of the Law on Execution of Criminal and Minor Offence Sanctions in the district of Brcko.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. The Committee notes the information provided by the Government in its report, according to which no cases of refusal of civil servants’ requests for resignation under sections 50 and 51(1) of the Law on Civil Service in the Institutions of Bosnia and Herzegovina have been reported. It notes, in particular, the Government’s indication that the above provisions protect workers’ right to unilaterally withdraw from service and, therefore, no limitations on such right can be imposed by the competent authorities.

2. Freedom of career members of the armed forces to leave their service. The Committee previously requested the Government to indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request. In its report, the Government refers in this connection to Chapter XVIII of the Law on Service in the Armed Forces of Bosnia and Herzegovina, according to which career military officers might terminate their employment upon request, with a notice period of 30 days. Please indicate whether the resignation request can be refused and, if so, what could be the grounds for refusal.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes the Government’s indication in the report that compulsory military service was abolished in 2004 and the armed forces became fully contract based.

Article 2(2)(c). Prison labour. The Committee notes the detailed information supplied by the Government in its report concerning the policy on prisoner employment in the Republika Srpska under the Law on the Execution of Criminal Sanctions. It notes, in particular, the Government’s indication that under section 91 of the above Law convicts should perform labour at an economic unit either in the penal institution or outside. According to section 21, convicts shall perform work only if they have given their voluntary consent. The Committee therefore requests the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained, and whether such consent is free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise. Please also provide information regarding the conditions of work of persons serving a sentence of imprisonment in the Republika Srpska and in the Brcko district.

Article 2(2)(d). Cases of emergency. The Committee notes the provisions of the Law on Defence communicated by the Government with its report. The Committee requests the Government to provide a copy of the Law on Protection and Rescue of People and Tangible Assets against Natural and Other Catastrophes of Bosnia and Herzegovina, to which reference has been made in the Government’s report. Please state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of section 186 of the Criminal Code of Bosnia and Herzegovina punishing trafficking in persons. In the absence of information from the Government on this matter, the Committee reiterates its request to the Government to provide detailed information on the application of such provision in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please indicate whether similar provisions have been adopted in the Republika Srpska and the Brcko district. Please also provide information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, which have been taken under the Action Plan for Prevention of Human Trafficking (2001) and the Regulations on the protection of foreigners who have become victims of trafficking in persons (23 June 2004), supplying copies of the relevant documents and available statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as for example, section 147 of the Criminal Code of Bosnia and Herzegovina (unlawful deprivation of a person’s freedom) or section 185 (slavery) and corresponding sections of the Criminal Codes of the Republika Srpska (section 145) and the Brcko district (section 176), and supply information on the penalties imposed.