Worst Forms of Child Labour Convention, 1999 (No. 182) - Bosnia and Herzegovina (Ratification: 2001)

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

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.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Federation of Bosnia and Herzegovina (FBiH). Following its previous comments, the Committee takes note of the statistics provided by the Government in its report regarding the number of investigations and indictments pronounced pursuant to section 219 of the Criminal Code of the FBiH, according to which any parent, adoptive parent, guardian or any other person who mistreats a child or a juvenile, forces them to excessive work, or work inadequate for their age, forces them to beg or persuades them to perform other actions harmful for their development, shall be punished with imprisonment for up to five years.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action Plan for the Prevention of Human Trafficking 2013–15. The Committee previously noted that a Strategy to Counter Trafficking in Human Beings in FBiH 2013–15 (Strategy 2013–15) and an Action Plan for Implementation of Strategy to Counter Trafficking in Human Beings in FBiH 2013–15 (Action Plan 2013–15) were adopted by the Council of Ministers in March 2013.

The Committee notes that, according to the report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina, drafted by the Group of Experts on Action against Trafficking in Human Beings and published on 17 July 2017 (GRETA 2017), 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 2013–16 period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation. The Committee notes that, according to the GRETA 2017 report, only 26 out of a total of 123 activities envisaged in the Action Plan 2013–15 did not achieve the expected results. The report stated that the new Action Plan should include activities from the previous one which can still achieve the expected results.

The Committee notes the Government’s information according to which the Action Plan for combating human trafficking in Bosnia and Herzegovina for the period 2016–19 (Action Plan 2016–19) was adopted, which aims to improve the system of support for the fight against human trafficking in FBiH, the effective prosecution of human trafficking and related crimes, the prevention of human trafficking by risk reduction and effective protection and assistance to victims of human trafficking, and strengthening the partnership and cooperation between the parties involved in countering human trafficking. The Committee requests the Government to provide information on the implementation of the Action Plan 2016–19 and its impact on preventing and combating the trafficking of children under 18 years of age, as well as on prosecuting and punishing the perpetrators.

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 that the Council of Ministers adopted the Revised Action Plan of FBiH on the Educational Needs of Roma (RAP) which was prepared in accordance with the recommendations and proposals agreed at the 16th International Steering Committee of the Decade of Roma Inclusion, and aimed to help marginalized groups of children to have equal access to quality education and to acquire the necessary knowledge for better integration into society. The Committee noted that, following the implementation of the RAP, the enrolment rates of Roma children in primary, secondary and higher education increased and the number of children dropping out of school decreased. However, the Committee noted the Government’s statement that the country was not as economically developed as to fully implement the measures envisaged in the RAP. The Committee noted from a report entitled “Civil Society Monitoring on the Implementation of the National Roma Integration Strategy and Decade Action Plan in BiH 2012–13”, coordinated by the Decade of Roma Inclusion, that according to research conducted by the Ministry of Human Rights and Refugees (MHRR) and the Agency of Statistics of Bosnia and Herzegovina, 2013 (entitled “Research of Multiple Indicators MICS”), primary school attendance rates for Roma children were 69.3 per cent and that 40 per cent of Roma children did not complete primary education.

The Committee notes 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, which means that there has been a decrease in drop out rates. The Government attributes the decrease in the rate of enrolment of Roma children in primary and secondary education to the migration of the Roma population and the decrease of the number of Roma people in the country. However, the Committee notes that, in its concluding observations of 12 June 2015 on the ninth to 11th periodic reports of FBiH, the Committee on the Elimination of Racial Discrimination, while appreciating the efforts taken to eliminate discrimination against Roma in the field of education, expressed concern about the low school attendance of Roma children and their over representation in special schools because of alleged “social disabilities” or because such schools will often be the only ones that provide support such as free meals, books or transportation, which many Roma families depend on to send their children to school (CERD/C/BIH/CO/9-11, paragraph 8(a)). Considering that education is one of the most effective methods to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access of Roma children to free, quality basic education. It requests the Government to continue providing 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, while taking due note of the measures taken by the Government, noted that child begging in the streets in FBiH was one of the most prevalent forms of exploitation of children. According to estimates, about 75 per cent of street children were Roma children, 80 per cent of whom were forced to beg by their parents or guardians.

The Committee notes the Government’s information that there has 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 (2013–16), which have had the effect of directly and indirectly reducing the exploitation of Roma children in all forms, especially in street begging. The Committee also notes that, according to the GRETA 2017 report, in 2015, 122 children (62 boys and 60 girls), all of them involved in begging, were assisted by the six day centres (drop-in centres) for children that operate in Sarajevo, Tuzla, Zenica, Banja Luka, Mostar and Bijeljina.

The Committee notes that, according to a 2015 UNICEF study on child begging and other child street work in FBiH, children in street situations are mostly younger than 14, are primarily Roma although all communities are affected, and are very vulnerable and exposed to abuse. The study indicates that while some cases of street children occur as a result of trafficking, many cases would be better described as parental abuse or neglect. The Committee notes the Government’s statement acknowledging that despite significant results in the improvement of living conditions of the Roma in the previous eight years, they are still in a difficult economic and social situation, have a modest income, and are widely unemployed. The Government indicates that their situation should continue to improve in the future with further funding under the new Action Plan which will cover the period 2017–20. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to intensify its efforts for the removal of children from the streets and to ensure their rehabilitation and social integration, with special attention to the most vulnerable groups, such as Roma children. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. I. Republika Srpska. The Committee previously noted that according to section 195 of the Criminal Code, as amended, whoever performs sexual intercourse or any other sexual acts with a child shall be punished by imprisonment for a term of one to eight years. It requested the Government to indicate whether the term “child” as used in section 195 of the Criminal Code refers to persons under the age of 18 years.

The Committee notes with interest the Government’s indication that a “child” in accordance with the provisions of the laws of Republika Srpska means persons under the age of 18 years.

II. Brcko District. The Committee previously noted that according to section 187(3) of the Criminal Code of Bosnia and Herzegovina (BiH Criminal Code), any person who procures, entices or leads away a child or a juvenile to offer sexual services in another state, away from their place of residence shall be punished. The Committee noted that this provision does not cover children involved in prostitution within their place of residence and does not contain any prohibition on the use of young persons under 18 years of age for prostitution.

The Committee notes with interest that Chapter XIX of the Criminal Code of the Brcko District (CC BD) sets out penalties for the offences related to sexual abuse of children and child prostitution. According to section 200(5) of the CC BD, any person who compels a juvenile (defined as persons under the age of 18 years) into sexual intercourse or an act equal to sexual intercourse by use of force or threat shall be punished with imprisonment of at least three years. Section 207(4) of the CC BD further states that any person who entices, induces or persuades a child or a juvenile to engage into prostitution or in some way facilitates the prostitution of that person for the benefit of another person shall be punished with imprisonment from three to fifteen years. The Committee further notes that, according to sections 204 and 210(2) and (3) of the CC BD, a person who performs sexual intercourse with a child or a juvenile shall be punished with imprisonment of up to eight years.

2. Use, procuring or offering of a child for the production of pornography of for pornographic performances. Brcko District. The Committee previously requested the Government to provide information on the legal provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

The Committee notes with interest that according to section 208 of the CC BD, a person who abuses a child or a juvenile for taking photography, audio visual material or other material with pornographic contents, or possesses, imports, sells, distributes or presents such material or induces such persons to take part in a pornographic performance shall be sentenced to prison from one to five years.

Clause (c). Use, procuring or offering of a child for illicit activities. BiH and the Brcko District. The Committee previously noted that section 238 of the Criminal Code of the Federation of Bosnia and Herzegovina (CC FBiH) prohibits the unauthorized production and sale of narcotics and that section 195 of the BiH Criminal Code prohibits the illicit trafficking of narcotics. The Committee observed that there was no specific prohibition on the use, procuring or offering of children under 18 years for the production and trafficking of drugs.

The Committee notes the Government’s indication that the offences related to using children for any illegal activities, including the production and trafficking of drugs, is covered by section 219 of the CC FBiH on neglect and maltreatment of a child or juvenile. According to section 219, any parent, adoptive parent, guardian or any other person who mistreats a child or a juvenile, forces him/her to excessive work, or work inadequate for their age, forces them to beg or persuades him/her to perform other actions harmful for their development shall be punished with imprisonment for up to five years.

With regard to the Brcko District, the Committee notes that section 232 of the CC BD prohibits the unauthorized production and distribution of narcotics. It also notes that section 216 of the CC BD contains provisions similar to that of section 219 of the CC FBiH, which establish penalties for involving a child or a juvenile in work inadequate to their age or harmful to their development. The Committee requests the governments of the Federation of BiH and the Brcko District to provide information on any prosecutions and convictions made under section 219 of the CC FBiH and section 216 of the CC BD with regard to the use, procuring or offering of a child under 18 years for the offences related to the production and trafficking of drugs.

Article 4(1). Determination of hazardous types of work. Federation of BiH, Republika Srpska and Brcko District. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age in the Federation of BiH, the Republika Srpska and Brcko District, the Committee refers to its respective comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. Action Plan for the prevention of Human Trafficking 2013–15. The Committee notes from a report published by the Ministry of Security of BiH that a Strategy to Counter Trafficking in Human Beings in BiH 2013–15 (Strategy 2013–15) and an Action Plan for the Implementation of Strategy to Counter Trafficking in Human Beings in BiH 2013–15 (Action Plan 2013–15) was adopted by the Council of Ministers in March 2013. The Committee notes from this report that the Strategy 2013–15 has determined five broad areas of strategic objectives which include support, prevention, prosecution, protection and partnership. The Committee also notes that awareness-raising campaigns, prevention of forced child begging, harmonization of criminal legislation pertaining to trafficking in human beings, improving the efficiency in recognizing the crime of trafficking in human beings, improving the system of protection against child pornography, and developing standards for provision of support, repatriation and reintegration of victims of trafficking, are some of the specific measures to be undertaken within the frame work of the Strategy 2013–15. The Committee requests the Government to provide information on the implementation of the Strategy 2013–15 and the specific measures undertaken within the framework of the Action Plan 2013–15 and their 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. Following its previous comments, the Committee notes the Government’s information that the Council of Ministers adopted the Revised Action Plan of BiH on the Educational Needs of Roma (RAP) which was prepared in accordance with the recommendations and proposals agreed at the 16th International Steering Committee of the Decade of Roma Inclusion. The Committee notes that the RAP has defined four goals and 47 measures to help marginalized groups of children to have equal access to quality education and to acquire the necessary knowledge for better integration into the society. The Committee also notes the Government’s indication that, in 2011, a state-level monitoring team was established to monitor the effective implementation of the RAP. According to the Government’s report, following the implementation of the RAP, in 2011, there has been an increased enrolment rate of Roma children in primary, secondary and higher education and a decrease in the number of children dropping out from school. The Committee notes the Government’s information that funds were allocated by the competent educational authorities and local communities for the purchase of books and allowances of snacks for Roma children as well as the provision of scholarships to Roma students for high school and university. However, the Committee notes the Government’s statement that the country is currently not as economically developed as to fully implement the measures envisaged in the RAP. The Committee notes from a report entitled “Civil Society Monitoring on the Implementation of the National Roma Integration Strategy and Decade Action Plan in BiH 2012–13”, coordinated by the Decade of Roma Inclusion, that according to research conducted by the Ministry of Human Rights and Refugees (MHRR) and the Agency of Statistics of Bosnia and Herzegovina, 2013, (entitled “Research of Multiple Indicators MICS”) the primary school attendance rates for Roma children were 69.3 per cent and that 40 per cent of Roma children did not complete primary education.

While taking due note of the measures taken by the Government, the Committee notes with concern the low primary school attendance and completion rates of Roma children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to redouble its efforts, within the framework of the RAP, to facilitate access of Roma children to free basic education. It requests the Government to provide information on the measures taken in this regard and on the results achieved, particularly with regard to increasing their school enrolment rates and reducing their school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that, in October 2013, the MHRR adopted the Guidelines for improving the situation of Roma in BiH-Social inclusion which provide concrete strategic measures to prevent and protect street children who are exposed to begging. This document contain guidelines for the relevant ministries and local authorities to initiate activities related to birth registration, housing status of children, family economic status, education of Roma children, refugees or internally displaced children, children without parental care and children involved in begging. The Committee also notes from the Government’s report that a practicum on training of judges, prosecutors, police, social workers and other professionals on the issue of combating forced and hazardous child labour on the street was initiated by the MHRR in 2013 and is scheduled to continue in 2014. Moreover, the Revised Action Plan of BiH for Roma Issues in the Field of Employment, Housing and Health care was adopted in 2013, the implementation of which is expected to improve the overall situation of the Roma community, especially Roma children. The Committee finally notes that the day care centres in BiH provide direct assistance and support to children working on the streets, including facilities for education, hygiene, food, health and social protection. The Committee notes that, in 2012, over 950 Roma children, 85 per cent of whom were exposed to begging, were withdrawn and provided assistance in the day care centres. Among these, 110 children were enrolled at school and 230 children were provided daily support to pursue the school curriculum. The Committee notes, however, the Government’s information in its written replies to the Committee on the Rights of the Child (CRC/C/BIH/Q/2-4/Add.1, 2012, paragraph 50) that child begging in the streets in BiH is one of the highest forms of exploitation of children. According to estimates, about 75 per cent of the street children are Roma children, 80 per cent of whom were forced to beg by their parents or guardians. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts for the withdrawal of children from the streets and to ensure their rehabilitation and social reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee finally requests the Government provide information on the impact of the measures taken within the Revised Action Plan of BiH for Roma Issues in the Field of Employment, Housing and Health Care on protecting Roma children from the worst forms of child labour.

Application of the Convention in practice. The Committee notes the Government’s information that from 2013–14 the State Investigation and Protection Agency of BiH investigated three cases under section 186 of the Criminal Code of BiH on trafficking in human beings, out of which one case was related to the trafficking of a juvenile. According to the Ministry of Justice of Republika Srpska, 24 persons were prosecuted for the offences related to sexual abuse of a child (section 195 of the Criminal Code of Republika Srpska (CC RS) and penalties ranging from one to 11 years were imposed. Similarly, three persons were prosecuted for the offence related to trafficking of a juvenile (section 198 of the CC RS); one person was prosecuted for the offence related to abuse of a juvenile for pornography (section 199 CC RS); and two persons were prosecuted for the offence related to abuse of a child for the unauthorized production and trafficking of drugs. The Committee requests the Government to continue providing information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied related to the worst forms of child labour in the Federation of BiH, Republika Srpska and in the Brcko District. To the extent possible, the information provided should be disaggregated by age and sex.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Following its previous comments on the applicability of the Criminal Code of Bosnia and Herzegovina (hereinafter, BiH Criminal Code), the Committee notes the Government’s information that according to section 11 of the BiH Criminal Code its provisions are directly applicable to the Republika Srpska, the Federation of Bosnia and Herzegovina and the District of Brcko.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. I. Federation of Bosnia and Herzegovina. The Committee had previously noted that the BiH Criminal Code does not contain any provisions prohibiting the trafficking of children for labour and sexual exploitation. However, the Committee notes that the BiH Criminal Code contains provisions prohibiting trafficking in persons. According to section 186 of the BiH Criminal Code, any person who takes part in the recruitment, transfer, harbouring or receipt of persons by means of threat, coercion, abduction, of deception, of the abuse of power or of the giving or receiving of payments or benefits, for the purpose of exploitation shall be punished by imprisonment for a term between one and ten years. Subsection (2) of section 186 further states that where such offence is committed against a juvenile (person who has not reached 18 years of age, section (1)), the punishment shall be imprisonment for not less than five years. The term “exploitation” as used in this provision shall include exploiting by way of prostitution or other forms of sexual exploitation, forced labour, slavery or slavery-like practices.

II. Republika Srpska. The Committee had previously noted that section 188(4) of the Criminal Code of Republika Srpska (as per the amended version of the Criminal Code this provision is now under section 198(4)), which prohibits the trafficking of persons under 21 years for sexual services, did not cover the trafficking of persons for labour exploitation. The Committee notes, however, that this is covered by section 186 of the BiH Criminal Code.

III. District of Brcko. The Committee notes the Government’s information that the provisions of section 186 of the BiH Criminal Code, which prohibit the sale and trafficking of juveniles for labour and sexual exploitation, also apply to the District of Brcko.

2. Slavery, bondage, serfdom and forced or compulsory labour. District of Brcko. The Committee had previously requested the Government to provide information on the provisions prohibiting slavery and the forced labour of children under 18 years in the District of Brcko. The Committee notes the absence of information in the Government’s report. However, the Committee notes that section 147 and section 185 of the BiH Criminal Code contain provisions prohibiting the unlawful deprivation of freedom of another person and establishment of slavery and transport of slaves including a child or a juvenile.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee had previously requested the Government to provide the text of the relevant provisions of the Law on Defence of the Federation of Bosnia and Herzegovina and the Law on the Army of Republika Srpska, as well as any other legislation prohibiting the recruitment of children below 18 years for use in armed conflict. It had also requested the Government to provide information on the legal provisions prohibiting the recruitment of children below 18 years into the armed forces in the District of Brcko. The Committee notes the Government’s information that it has adopted the Law on Defence of Bosnia and Herzegovina in 2006 which applies to the whole territory. Section 79 thereof abolished the compulsory recruitment of the citizens of Bosnia and Herzegovina and the armed forces of Bosnia and Herzegovina now consists of professional military personnel and members of reserve personnel who are engaged in military services, civilians and cadets. The Government further states that, according to section 9 of the Law on Service in the Armed Forces of Bosnia and Herzegovina, only persons who have attained 18 years of age shall be admitted into military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. 
I. Federation of Bosnia and Herzegovina. The Committee had previously noted that section 210(4) of the BiH Criminal Code which prohibits procuring or offering of a child for prostitution does not contain a prohibition on the use of a child for prostitution. The Committee notes that according to section 213, subsections (2) and (3) of the BiH Criminal Code, whoever performs sexual intercourse or similar sexual acts with a child or a juvenile shall be punished by imprisonment for a term between one and ten years.

II. Republika Srpska. The Committee had previously noted that section 188 of the Criminal Code of the Republika Srpska (section 198(4), as per the amended version of the Criminal Code) establishes penalties for any person who procures or offers a child or a minor for prostitution. The Committee had asked the Government to indicate whether the use of persons under the age of 18 years for prostitution is prohibited under the Criminal Code of Republika Srpska. The Committee notes that according to section 195 of the Criminal Code, as amended, whoever performs sexual intercourse or any other sexual acts with a child shall be punished by imprisonment for a term of one to eight years. The Committee requests the Government to indicate whether the term “child” as used in section 195 of the Criminal Code refers to persons under the age of 18 years.

III. District of Brcko. The Committee had previously requested the Government to indicate the legal provisions in the District of Brcko, which prohibit the use, procuring or offering of children under 18 years for prostitution. The Committee notes that according to section 187(3) of the BiH Criminal Code, any person who procures, entices or leads away a child or a juvenile to offer sexual services in another state, away from their place of residence shall be punished. The Committee notes that this provision does not cover children involved in prostitution within their place of residence. It also notes that the BiH Criminal Code does not contain any prohibition on the use of young persons under 18 years of age for prostitution. The Committee requests the Government to indicate the measures taken to prohibit the use, procuring or offering of children under 18 years of age within the whole territory, including the place of residence of the children concerned. It also requests the Government to indicate the provisions which prohibit the use of children under 18 years for prostitution applicable in the District of Brcko.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. District of Brcko. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the legal provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and to supply a copy of the same.

Clause (c). Use, procuring or offering of a child for illicit activities. 
I. Federation of Bosnia and Herzegovina. The Committee had previously noted section 238 of the BiH Criminal Code which prohibits the unauthorized production and sale of narcotics. The Committee notes that although section 195 of the BiH Criminal Code prohibits the illicit trafficking of narcotic drugs, it does not contain any specific provision to prohibit the use, procuring or offering of a child for such an offence. Noting the absence of information in the Government’s report, the Committee once again requests the Government to identify and provide the text of any legislation applicable in the Federation which prohibits the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

II. Republika Srpska. The Committee notes the Government’s information that according to section 224 of the Criminal Code of the Republika Srpska, whoever, without authorization, produces, processes, sells or offers for sale, or purchase for sale, keeps or transports or acts as intermediary in a sale or purchase, or otherwise puts into circulation intoxicating drugs or substances shall be punished. Subsection (2) of section 224 further states that any person who uses a child or a minor for committing the above offence shall be punished by imprisonment for a term of between three and fifteen years. 

III. District of Brcko. Noting that section 195 of the BiH Criminal Code does not specifically prohibit the use, procuring or offering of a child for the production or trafficking of drugs, the Committee requests the Government to identify and provide the text of the legal provisions applicable to the District of Brcko which prohibit the use, procuring or offering of a child for the production or trafficking of drugs.

Article 3, clause (d), and Article 4(1). Hazardous work. I. Federation of Bosnia and Herzegovina. Following its previous comments, the Committee notes the Government’s information that no regulation, pursuant to section 51(2), which determines hazardous types of work prohibited to minors has been passed. The Government further states that it is for the physicians to assess whether a minor can obtain a certificate of ability to work in certain jobs. The Committee recalls that, according to Article 4(1) of the Convention, the types of work considered as hazardous are to be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests 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. It requests the Government to provide information on any progress made in this regard.

II. Republika Srpska. The Committee had previously noted that pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement. The Committee notes the Government’s information that in the Republika Srpska there is only a symbolic number of workers aged between 15 and 18 years, and that the establishment of jobs where juveniles cannot work is regulated by the provisions of sectoral and specific collective agreements. The Committee requests the Government to provide more detailed information on the procedure to be followed in the determination process as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

III. District of Brcko. The Committee had previously noted that, according to section 41(2) of the Labour Law of the District of Brcko, the types of work prohibited to persons aged 15–18 years are determined by collective agreement. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to provide detailed information on the procedure to be followed in the determination process as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 5. Monitoring mechanisms. Labour inspection. I. Federation of Bosnia and Herzegovina. The Committee notes the report supplied by the Government on the functioning of the labour inspection services in the Federation of Bosnia and Herzegovina for the year 2008–09. However, it notes that this report does not contain any information with regard to the employment of children and young persons. The Committee requests the Government to communicate the results of labour inspections conducted, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

II. Republika Srpska. Following its previous comments, the Committee notes the Government’s information that according to the regular annual reports of the labour inspection of the Republika Srpska, no violation of the provisions of the Convention was detected.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action Plan for Children 2002–10. The Committee had previously noted that an Action Plan for Children was initiated in 2002, with the aim of improving and strengthening the status of children in the country. It had also noted that a Council for Children was established as a body to monitor the implementation of this action plan. The Committee notes that according to a report by the Council of Europe’s Commissioner for Human Rights on his visit to Bosnia and Herzegovina in June 2007, while welcoming the measures proposed to be undertaken by this action plan, he expressed his concern that the practical impact of the action plan and the Council of Children remained limited. The Committee therefore requests the Government to take the necessary measures to effectively implement the action plan for children and to strengthen the functioning of the Council for Children. It requests the Government to provide information on any progress made in this regard.

2. Action Plan for the Prevention of Human Trafficking 2008–12. The Committee notes that according to a report published by the United Nations Office on Drugs and Crime entitled “Global Report on Trafficking in Persons” February 2009, the current action plan for the prevention of human trafficking covers the period 2008–12. The Committee requests the Government to provide information on the measures taken to effectively implement the Action Plan for the Prevention of Human Trafficking 2008–12 and on its impact on preventing and combating the trafficking of children under the age of 18 years.

Article 7(1). Penalties. I. Federation of Bosnia and Herzegovina. The Committee had previously noted that sections 179, 180, 210(4) and 211 of the BiH Criminal Code and sections 32, 36 and 51 of the Labour Law of the Federation of Bosnia and Herzegovina establish sufficiently effective and dissuasive penalties for the offences related to unlawful deprivation of freedom; restriction of freedom of movement of a child or juvenile; inducing or coercing a child or juvenile in offering sexual services; and abuse of a child or juvenile for pornography and for the violations related to overtime and night work of minors and the employment of minors in hazardous work. It also notes that section 186(2) of the BiH Criminal Code establishes penalties for the offence related to the trafficking of juveniles for sexual or labour exploitation. The Committee once again requests the Government to provide information on the application of these penalties in practice.

II. Republika Srpska. The Committee notes that sections 166, 195, 198(4), 199, 200 and 224(2) of the amended version of the Criminal Code of the Republika Srpska provide for penalties for the offences related to unlawful deprivation of freedom; sexual abuse of a child; compelling or offering a child or a minor into prostitution; abusing a child for pornographic purposes; production and screening of child pornography; and using a child or a minor for trafficking of drugs. It also notes that section 186(2) of the BiH Criminal Code establishes penalties for the offence related to the trafficking of juveniles for sexual or labour exploitation. The Committee requests the Government to provide information on the application of these penalties in practice.

III. District of Brcko. The Committee requests the Government to provide information on legislative provisions that provide for penalties for the violation of the worst forms of child labour as laid down in Articles 3(a)–(d) of the Convention and on their application in practice.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basis education. The Committee had previously noted that, in Bosnia and Herzegovina, elementary education which lasts up to eight years is free and compulsory for all children. It had also noted that secondary education forms part of the overall education system and is available under the same conditions to all pupils who have completed elementary education. However, the Committee had noted that the Committee on the Rights of the Child (CRC/C/15/Add.260, concluding observations of 21 September 2005, paragraphs 56 and 57) had expressed concern at the high number of children who were not enrolled or who dropped out of school, the lack of access to pre-school education for children in rural areas, discrimination regarding access to education by ethnic and/or national minorities, especially Roma children (only 33 per cent of whom attend primary school), and the fact that other marginalized groups of children, including refugees and returnees face difficulties of access to schooling.

The Committee notes the Government’s information that according to the Education Statistics Bulletin available on the website of the Republic Statistics Institute, during the period from 2004 to 2008, the rate of elementary school drop‑outs ranged from 0.53 per cent to 0.70 per cent. The Committee notes that according to the information available in a report entitled 2008 Findings on the Worst Forms of Child Labour – Bosnia and Herzegovina (available at the website of the Office of the High Commissioner for Refugees: www.unhcr.org) the gross primary school enrolment rate, in 2007, was 97.8 per cent. The Committee further notes the statistical information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), according to which an estimated 95 per cent to 97 per cent of children continue secondary education after completing primary education. However, according to a report by the Council of Europe’s Commissioner for Human Rights, on his visit to Bosnia and Herzegovina in June 2007, children in rural areas face several difficulties in accessing quality education and it is estimated that, in the poorest segments of the society, one in four children do not attend school at all. The report further states that the education level of Roma children is generally low and that two in five Roma have never been to school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern that children from several vulnerable groups are less likely to attend and complete school. The Committee requests the Government to take the necessary measures to facilitate access to free basic education, particularly for Roma children, children from national minorities and children living in rural areas. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment rates and reducing the school drop out rates of these vulnerable groups of children.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that the exploitation of children, in particular Roma children who engage in begging and forced labour is widespread throughout Bosnia and Herzegovina (Initial Report on Violence against Children, page 50). It had also noted that the Committee on the Rights of the Child (CRC/C/15/Add.260, concluding observations, 2005, paragraph 65) expressed concern at the significant number of children, especially Roma living or working on the streets, and very often performing harmful and exploitative work. The Committee had noted the Government’s information that it had developed an Action Plan and Strategy for Addressing the Roma Problem. It notes, however, the Government’s statement that some occurrences of abuse of children for the purpose of begging still exist among the Roma population. It further notes the information in a report entitled 2008 Findings on the Worst Forms of Child Labour – Bosnia and Herzegovina (available on the website of the Office of High Commissioner for Refugees – www.unhcr.org) that there were reports of ethnic Roma children being trafficked to serve in begging rings. The majority of Roma children who live or work in the streets are under 14 years and do not attend any school. Noting that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take immediate and effective measures, within the framework of the Action Plan and Strategy for Addressing the Roma Problem, to ensure that Roma children are protected from these worst forms, taking account of the special situation of girls. It requests the Government to provide information on the results achieved.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first and second reports. It notes that, in addition to the Criminal Code of Bosnia and Herzegovina (Official Gazette of BiH No. 37/03, hereinafter the State Criminal Code), all the three entities of the country have separate Criminal Codes, namely; the Federation of Bosnia and Herzegovina (Official Gazette of the FBiH No. 35/03), the Republika Srpska (Official Gazette of the RS No. 49/03) and the District of Brcko (Official Gazette of the BD No. 10/03). The Committee notes that the State Criminal Code of Bosnia and Herzegovina contains provisions prohibiting a wide range of offences including slavery and the transport of slaves, sale and trafficking of children under 18 for labour and sexual exploitation, and the procuring of children for prostitution. The Committee requests the Government to provide information on the application of the State Criminal Code and to indicate whether it also applies to the three entities.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. I. Federation of Bosnia and Herzegovina. The Committee notes that the Criminal Code of the Federation of Bosnia and Herzegovina does not contain any provisions prohibiting the trafficking of children for labour and sexual exploitation. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purpose of labour and sexual exploitation in the Federation of Bosnia and Herzegovina.

II. Republika Srpska. The Committee notes that section 188(4) of the Criminal Code of Republika Srpska penalizes any person who enables the trafficking of a person under 21 years of age to another for the purpose of offering sexual services. The Committee observes that the above section covers only the trafficking of young persons for the purposes of sexual exploitation. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years for labour exploitation.

III. District of Brcko. The Committee requests the Government to indicate which of the provisions of the Criminal Code of the District of Brcko prohibits the sale and trafficking of children under 18 years for labour and sexual exploitation.

2. Slavery, bondage, serfdom and forced or compulsory labour. I. Federation of Bosnia and Herzegovina. The Committee notes that section 179 of the Criminal Code of the Federation of Bosnia and Herzegovina prohibits unlawful deprivation of liberty and section 180 penalizes any person who restricts the freedom of movement of a child or a juvenile in order to force him to do or not to do or to bear something. A “child” according to section 2 refers to a person who has not reached 14 years of age, and a “juvenile” is a person who has not reached 18 years of age.

II. Republika Srpska. The Committee notes that article 39 of the Constitution of the Republika Srpska prohibits forced labour and article 40 provides for special protection at work for young people. It also notes that section 145 of the Criminal Code prohibits unlawful deprivation of liberty.

III. District of Brcko. The Committee requests the Government to provide information on the provisions prohibiting slavery and the forced labour of children under 18 years of age in the District of Brcko.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that at the time of ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Government declared that, according to the provision of the Law on Defence of the Federation of Bosnia and Herzegovina and the Law on the Army of Republika Srpska, persons under the age of 18 years shall not be recruited into its national armed forces. The Committee requests the Government to provide the text of the relevant provisions of the Law on Defence of the Federation of Bosnia and Herzegovina and the Law on the Army of Republika Srpska, as well as any other legislation prohibiting the recruitment of children below 18 years for use in armed conflict. It also requests the Government to provide information on the legal provisions prohibiting the recruitment of children below 18 years into the armed forces in the District of Brcko.

Clause (b). 1. Use, procuring or offering of a child for prostitution. I. Federation of Bosnia and Herzegovina. The Committee notes that according to section 210(4) of the Criminal Code of the Federation of Bosnia and Herzegovina, whoever, for gain, induces, incites, lures or coerces a child or a juvenile in offering sexual services shall be punished. The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use of persons under 18 years of age for prostitution.

II. Republika Srpska. The Committee notes that according to section 188 of the Criminal Code of the Republika Srpska, whoever, for profit, induces, incites or lures or compels another person under 21 years of age offer sexual services shall be punished with imprisonment. The Committee asks the Government to indicate whether the use of persons under the age of 18 years for prostitution is prohibited under the Criminal Code of Republika Srpska.

III. District of Brcko. The Committee requests the Government to indicate the legal provisions in the District of Brcko, which prohibit the use, procuring or offering of children under 18 years for prostitution. It also requests the Government to supply a copy of the same.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. I. Federation of Bosnia and Herzegovina. The Committee notes that section 211 of the Criminal Code of the Federation of Bosnia and Herzegovina punishes anyone who uses a child or juvenile for pornographic production or induces such person to play in pornographic shows.

II. Republika Srpska. The Committee notes that, according to section 189 of the Criminal Code of Republika Srpska, whoever abuses a child or a juvenile for the purpose of making pictures, audio-visual material or other pornographic material, or abuses such person for pornographic shows shall be punished.

III. District of Brcko. The Committee requests the Government to provide information on the legal provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and to supply a copy of the same.

Clause (c). Use, procuring or offering of a child for illicit activities. I. Federation of Bosnia and Herzegovina. The Committee notes that section 238 of the Criminal Code of the Federation of Bosnia and Herzegovina prohibits the unauthorized production and sale of narcotics. However, this provision does not seem to specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee requests the Government to identify and provide the text of any legislation applicable in the Federation which prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

II. Republika Srpska and the District of Brcko. The Committee requests the Government to identify and provide the text of the legal provisions of the Republika Srpska and the District of Brcko, which prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. I. Federation of Bosnia and Herzegovina. The Committee notes that under section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, the employment of persons between the age of 15 and 18 “minors” shall be conditional upon such persons providing a certificate from a recognized medical practitioner or institution attesting that they are sufficiently healthy to perform the job. Section 51 of the Labour Law further states that minors may not work on particularly hard manual works, work underground or underwater, nor on other jobs which could have a harmful effect or increased risk to their life or health, development or morals given their psycho-physical qualities. It also notes that section 32 of the Labour Law prohibit minors from performing overtime work and section 36 restricts night work of minor employees. The Committee further notes that pursuant to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine hazardous types of work prohibited to minors. The Committee requests the Government to indicate whether the Federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

II. Republika Srpska. The Committee notes that section 14 of the Labour Law of the Republika Srpska stipulates that a person under 18 years of age may not conclude an employment contract for work on jobs entailing increased danger of injuries or increased harm to health. Section 69 of the Labour Law further provides that, “a worker under 18 years of age may not be assigned to work on particularly hard manual works, works underground or underwater, nor in other jobs which might have a harmful effect or increased risk to his or her life or health or psycho-physical development”. Sections 42 and 46 of the Labour Law prohibit persons under the age of 18 years from performing overtime and night work. The Committee notes that pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement. The Committee requests the Government to indicate whether a list of hazardous activities and occupations prohibited to persons below 18 years of age has been determined by a collective agreement, and if so, to supply a copy of it.

III. District of Brcko. The Committee notes that section 41(1) of the Labour Law of the District of Brcko provides that persons aged between 15 and 18 years may not perform dangerous work such as heavy physical work, work underground or under water, or any other work that is detrimental to their life, health, physical development or morals. Section 28 of the Labour Law prohibits night work for persons aged between 15 to 18 years. The Committee further notes that according to section 41(2), the types of work prohibited to persons between 15 and 18 years of age are determined by collective agreement. The Committee requests the Government to provide information on the types of hazardous work prohibited to persons between 15 and 18 years of age that have been determined by collective agreement, and to supply a copy of it.

Article 5. Monitoring mechanisms. 1. Labour inspection. I. Federation of Bosnia and Herzegovina. The Committee notes that, under section 131 of the Labour Law of the Federation of Bosnia and Herzegovina, the Federal Labour Inspector shall perform supervision over the implementation of this law and the regulations passed on the basis of this law. The Committee asks the Government to provide information on the functioning and activities of the Federal Labour Inspectorate.

II. Republika Srpska. The Committee notes that, as per section 149 of the Labour Law of the Republika Srpska, the labour inspection shall supervise the implementation of the provisions of this law and regulations passed in accordance with this law. According to the Law on Inspection of Labour, the activities of labour inspection are carried out by municipal labour inspectors and the labour inspectors of the Republic. According to section 9 of the Law on Inspection of Labour, the activities of labour inspection are carried out by a municipal labour inspectorate, while the labour inspectorate at the level of the Republic supervises the implementation of regulations in the field of employment and protection at work, especially in enterprises where there is a high risk of mass injuries to employees. The Committee requests the Government to provide information on the findings of the municipal labour inspectors and the labour inspectors of the Republic regarding the extent and nature of violations detected concerning children working in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action Plan for Children 2002–10. The Committee notes that an Action Plan for Children was initiated in 2002, with the aim of improving and strengthening the status of children in the country. The Council for Children of Bosnia and Herzegovina established by the Ministry of Human Rights and Refugees has the following responsibilities: monitoring the implementation of the Action Plan, reporting annually to the Council of Ministers; coordinating with the relevant ministries in the entities and non-governmental organizations; proposing measures to upgrade the implementation of the Action Plan; and preparing operational plans for each year (Initial Report on Violence against Children, page 27). The Committee requests the Government to provide information on the impact of this Action Plan on the elimination of the worst forms of child labour.

2. Action Plan for the Prevention of Human Trafficking, 2002. The Committee notes that in 2002, the Council of Ministers adopted the Action Plan for the Prevention of Trafficking in Human Beings initiated by the Ministry of Human Rights and Refugees. This Action Plan aims to punish perpetrators of trafficking in human beings, prevent and protect the victims of trafficking and improve regional and international cooperation to combat trafficking. Within the framework of this Action Plan, members of the State Border Service were trained to combat, in particular, trafficking in women and children. An institutional mechanism was developed for training judges, prosecutors and other state officials with regard to the implementation of best practices for the prevention of trafficking in human beings and for the protection of victims of trafficking (Initial Report on Violence against Children, page 18). The Committee further notes that this Action Plan was revised in 2004 with new objectives for combating trafficking in human beings for the next three years, including improving the legal framework and institutional mechanisms regarding trafficking in human beings. The Committee requests the Government to provide information on the measures taken to effectively implement this Action Plan and on its impact on preventing and combating the trafficking of children under the age of 18 years.

Article 7, paragraph 1. Penalties. I. Federation of Bosnia and Herzegovina. The Committee notes that sections 179, 180, 210(4) and 211 of the Criminal Code of the Federation of Bosnia and Herzegovina establish sufficiently effective and dissuasive penalties of imprisonment for the offences related to: unlawful deprivation of freedom; restriction of freedom of movement of a child or juvenile; inducing or coercing a child or juvenile in offering sexual services; and abuse of a child or juvenile for pornography. It also notes that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina provides for penalties of fines ranging from 1,000 marka (BAM) to BAM10,000 for the violations of sections 32, 36 and 51 relating to overtime and night work of minors and the employment of minors in hazardous work. The Committee requests the Government to provide information on the application of these penalties in practice.

II. Republika Srpska. The Committee notes that sections 143, 145, 188(4) and 189 of the Criminal Code of Republika Srpska provide for penalties for the offences related to: coercion; unlawful deprivation of liberty; compelling or inducing persons under the age of 21 years into offering sexual services; and abusing children and juveniles for pornographic purposes. It also notes that section 150 of the Labour Law of the Republika Srpska provides for penalties for the violation of the provisions prohibiting overtime work by minors and for employing persons under the age of 18 years in hazardous jobs prohibited to them according to section 69 of the Labour Law. The Committee requests the Government to provide information on the application of these penalties in practice.

III. District of Brcko. The Committee requests the Government to provide information on legislative provisions that provide for penalties for the violation of the worst forms of child labour as laid down in Articles 3(a)–(d) of the Convention and on their application in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s reports on the existence of time-bound and effective measures: (b) to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) to ensure access to free basic education; and (e) to take account of the special situation of girls. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, both in the federation as well as the two entities as required under Article 7(2)(b), (c) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that, according to the Government’s Initial Report to the Committee on the Rights of the Child (CRC/C/11/Add.28 of 14 October 2004, paragraphs 38 and 256–267) all children are obliged to attend elementary school for eight years. Elementary education is compulsory, free and available under the same conditions to all children. Secondary education forms part of the overall educational system and is available under the same conditions to all pupils who have completed elementary school. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.260, concluding observations of 21 September 2005, paragraphs 56 and 57) expressed concern at the high number of children who are not enrolled or who drop out of school, lack of access to pre-school education for children in rural areas, discrimination regarding access to education by ethnic and/or national minorities, especially Roma children (only 33 per cent of whom attend primary school), and the fact that other marginalized groups of children, including refugees and returnees face difficulties of access to schooling. The Committee asks the Government to indicate the measures taken or envisaged to increase school enrolment rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to provide updated statistical information on the primary school attendance and drop-out rates. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure access to education for all children, including Roma children, national minorities and children living in rural areas.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that the exploitation of children, in particular Roma children who engage in begging and forced labour is widespread throughout Bosnia and Herzegovina (Initial Report on Violence against Children, page 50). It also notes that the Committee on the Rights of the Child (CRC/C/15/Add.260, concluding observations, 2005, paragraph 65) expressed concern at the significant number of children, especially Roma living or working on the streets, and very often performing harmful and exploitative work. The Committee notes the Government’s statement that a strategy for addressing the Roma problems in BiH has been passed and an action plan envisaging measures to increase employment opportunities of the Roma population has been developed. It further notes the Government’s statement that the Ministry of Human Rights and Refugees of BiH has submitted action plans for employment, health care and housing management for the Roma to the entity governments for review prior to their adoption by the Council of Ministers of BiH. The Government further states that the implementation of the above action plans would increase the financial security of the Roma population, which would also entail eradication of child abuse, such as begging. The Committee requests the Government to pursue its efforts to specifically address the situation of Roma children. It also requests the Government to provide information on any relevant impact made by the abovementioned measures on protecting Roma children from being engaged in the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes that Bosnia and Herzegovina ratified the Convention on the Rights of the Child in 1993, and ratified in 2002 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The Committee also notes that the Government is seeking assistance and cooperation from ILO/IPEC in order to prevent the worst forms of child labour in the country. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received in giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report. Application of the Convention in practice. The Committee notes the information provided by the Government on the practical difficulties in Bosnia and Herzegovina related to the implementation of this Convention. It notes that the country, being a transition area between the East and West where most of the trafficking routes are located, the low economic and social situation of the country as well as its neighbouring countries, and the high poverty rate has led to the abuse of children, especially Roma children, in the form of prostitution, narcotics-related offences, begging and forced labour. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.