Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework. 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, and on any similar provisions applicable to the Republika Srpska and Brcko District.

The Committee notes with interest that under section 198(a) of the Criminal Code of the Republika Srpska and section 207(a) of the Criminal Code of Brcko District trafficking in persons is a criminal offence, and anyone committing such an offence is liable to a term of imprisonment ranging from three to 12 years. The Committee requests the Government to provide information on the application in practice of these provisions criminalizing trafficking in persons, indicating the number of investigations conducted, the judicial proceedings initiated and the penalties imposed. In this regard, the Committee also requests the Government to indicate the measures taken to strengthen the resources and capacities of the law enforcement bodies, including police officers, prosecutors and judges.

2. Institutional framework. The Committee notes the detailed information provided by the Government on the different action plans to combat trafficking covering the period from 2001 to 2013. Within the framework of these action plans, several measures have been taken, such as the creation of the position of a national coordinator for combating trafficking in order to ensure coordination of all relevant actors at the state and entity levels with a view to achieving an effective implementation of the action plans; awareness-raising activities; training of relevant law enforcement officials; the establishment of a database on victims of trafficking, as well as a database on criminal cases. The Committee also notes that, based on the experience and the assessment of the implementation of previous action plans, the Government has adopted the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2013–15. The Strategy covers the following areas: the improvement of the system of support in combating trafficking, the elaboration of preventive actions, the reinforcement of the prosecution system, the protection of victims, and the enhancement of cooperation among institutions at all levels.

The Committee notes that all this information demonstrates the commitment of the Government to combat the complex phenomenon of trafficking in persons. The Committee encourages the Government to pursue its efforts and requests it to provide information on the implementation of the Strategy to Counter Trafficking in Human Beings and its Action Plan 2013–15. It also requests the Committee to provide information on the results of any evaluation undertaken in this regard, as well as information on any obstacles identified and the measures envisaged to overcome them.

3. Protection of victims. With regard to the measures taken to protect victims of trafficking, the Committee notes that their identification is regulated by the Rules on the protection of victims and witnesses of trafficking of 2007, as well as the Rulebook on protection of alien victims of trafficking in persons of 2004. Victims are entitled to safe accommodation (shelters), medical assistance, access to information about their rights and legal assistance during criminal proceedings. In addition, pursuant to Law No. 36/08 on the movement and stay of aliens and asylum, a victim of organized crime and/or trafficking may be granted a temporary residence permit on humanitarian grounds for the purpose of providing protection and assistance for his/her rehabilitation and repatriation into the country of his/her habitual residence, or another country which will admit him/her. Lastly, the Committee notes that the Strategy to combat trafficking and the Action Plan for 2013–15 address the issue of compensation and legal redress of victims by referring to the creation of a special fund to assist them, and to the establishment of a system of compensation. The Committee requests the Government to continue to provide information on the measures taken to strengthen the protection and assistance provided to victims of trafficking, indicating in particular whether the system for compensation of victims has been established.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that career military officers might terminate their employment upon request with a notice of 30 days and asked the Government to indicate whether a resignation request could be refused.

The Committee notes the Government’s statement, that a request for resignation may be refused if the person was placed on educational leave and upon his/her return, failed to stay in service for the period of time specifically required for that type of education. The Committee notes that according to section 143 of the Law No. 88/05 on Service in the Armed Forces in Bosnia and Herzegovina, military personnel and military scholars are required to stay in service for a period which is twice the period of education or scholarship. The Committee recalls that persons who have benefited from a training, a scholarship or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that should be proportional to the length of the studies financed by the State, or through the reimbursement of the training that they have received. The Committee accordingly requests the Government to provide further information on the application in practice of section 143 of Law No. 88/05 on Service in the Armed Forces of Bosnia and Herzegovina, indicating the number of cases in which resignations were refused. The Committee also requests the Government to indicate whether members of the armed forces who have benefited from training or a study leave may resign before the completion of the period for which they undertook to remain in service, if they reimburse part of the cost of the training received.

Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained in practice in the Republika of Srpska. The Committee notes the detailed information provided by the Government on the working conditions and entitlements of prisoners occupied in economic units of the penitentiary institutions. The Government also indicates that during the reporting period there were no working sites organized outside the institutions. The Committee requests the Government to provide information in future reports on any arrangements concluded between the penitentiary institutions and private entities aiming at providing work to persons serving a sentence of imprisonment and, where appropriate, to indicate how the free and informed consent to work is formally given.

Article 2(2)(d). Cases of emergency. Referring to its previous comments on the guarantees provided to ensure that work exacted during a state of emergency is limited to what is strictly required by the exigencies of the situation, the Committee acknowledges the information provided by the Government on Law No. 50/08 on Protection and Rescue of People and Tangible Assets against Natural and Other Catastrophes, according to which safeguards limit the power to call up citizens in cases of emergency.