Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Bosnie-Herzégovine (Ratification: 1993)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Bosnie-Herzégovine (Ratification: 2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously noted that, under section 186 of the Criminal Code of Bosnia and Herzegovina, section 198(a) of the Criminal Code of the Republika Srpska and section 207(a) of the Criminal Code of Brčko District, trafficking in persons is a criminal offence. The Committee requested the Government to provide information on the application in practice of these provisions criminalizing trafficking in persons.

The Committee notes that the information from the 2017 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina (GRETA report, GRETA(2017)15) that, in May 2015, the Law on Amendments and Supplements to the State Criminal Code was adopted, pursuant to which the criminal offences of transnational trafficking (section 186), organized transnational trafficking (section 186(a)) and international procuring in prostitution (section 187) were introduced. The Committee notes the Government’s information in its report that the Criminal Code has been again amended in June 2016, introducing section 210 on international human trafficking and section 210(a) on organized cross border trafficking.

The Committee also notes the Government’s information on the application in practice of sections 186, 186(a) and 187, as well of section 185 on the “establishment of slavery and transport of slavery” of the Criminal Code. In 2015, the State Investigation and Protection Agency (SIPA) investigated five cases and submitted four of them to the Prosecutor’s Office; in 2016, the SIPA investigated nine cases and submitted one case involving nine suspects to the Prosecutors’ Office; while by May 2017, the SIPA investigated ten cases and submitted two of them involving three suspects to the Prosecutor’s Office. In Republika Srpska, from 2014 to 2016, four cases were investigated, leading to two prosecutions and two convictions. The Committee also notes the GRETA report 2017 that, in 2015, the courts handed down ten convictions against 14 persons, while in 2016, the courts handed down five convictions against ten persons, of which five persons received penalties of imprisonment and five received conditional sentences. The length of the prison sentences varied between four months and three years (paragraph 177). The Committee therefore requests the Government to continue providing information on the abovementioned provisions, including the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

2. Programme of action. The Committee previously noted the adoption of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2013–15 (SAP 2013–15), which covered 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 the GRETA report 2017 that the implementation of the SAP 2013–15 was evaluated before drawing up the new one for 2016–19. About 80 per cent of activities envisaged in the action plan have achieved the expected results. The main factors influencing the failure to achieve the objectives include lack of political will, financial resources or capacity, complex internal structure, unclear and conflicting jurisdiction, unstable political situation and difficult economic situation, among others. Based on the recommendation of the evaluation, the new SAP for 2016–19 was adopted on 31 December 2015. The coordination and assessment of its implementation is entrusted to the monitoring team set up for this purpose (paragraphs 25 and 26). The Committee therefore requests the Government to continue providing information on the implementation of the SAP for 2016–19.

3. Protection of victims. The Committee previously noted that the identification of victims 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. The Committee also noted that the SAP 2013–15 addressed 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 notes from the GRETA report 2017 that, 16 presumed victims of trafficking were identified in 2013, 49 in 2014, 35 in 2015 and 45 in 2016. The prevailing form of exploitation over this period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation (92 victims), followed by sexual exploitation (34 victims, including one case of child pornography) and forced labour (15 victims) (paragraph 13). Moreover, a new paragraph 10 was added to section 186 of the Criminal Code, according to which victims of trafficking are not to be punished for their involvement in illegal activities to the extent that they were forced into such activities (paragraph 16). In addition, a new law on foreigners was enacted on 25 November 2015, providing that victims of trafficking who have been granted temporary residence on humanitarian grounds have access to the labour market and education. The Rulebook on protection of alien victims of trafficking in persons was also revised in 2016 (paragraph 17).

The Committee also notes that, according to the GRETA report 2017, although by law the prosecutor should inform the victim about the possibility to file a claim for compensation in criminal proceedings, in practice victims are discouraged to do so because it would prolong the proceedings. As a result, there is no information about any victim who actually received compensation from the perpetrator (paragraphs 134 and 135). Moreover, the GRETA report 2017 indicates that the State compensation scheme for victims has not been established due to political and financial difficulties. However, with the support of the Ministry of Security, a preliminary draft of law on the setting up of a compensation fund for victims of trafficking was developed and submitted to the Ministry of Justice for further processing. The Committee therefore requests the Government to provide information on measures undertaken to ensure that victims of trafficking receive appropriate compensation within a reasonable time limit. It also requests the Government to provide information on any progress made regarding the establishment of the State compensation scheme and the adoption of the draft law on the setting up of a compensation fund for victims of trafficking.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. The Committee previously noted that career military officers might terminate their employment upon request with a notice of 30 days. However, 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. Pursuant to section 143 of Law No. 88/05 on Service in the Armed Forces in Bosnia and Herzegovina, this stationary period is twice the period of education or scholarship. The Committee accordingly requested the Government to provide further information on the application in practice of section 143 of Law No. 88/05.

The Committee notes the Government’s information that, from 2011 to 2017, a total of eight cases were reported in which members of the armed forces left the service before the expiration of the mandatory service, arising from schooling, professional development or training scholarships, of which three persons were in the category of officer and five in the category of soldiers. Also, three of them abandoned the service without submitting a request, while five persons filed the request for service cessation. For the remaining period of mandatory service that they did not serve, a debt calculation was made based on the reimbursement of the financial costs incurred during their education or training, and an agreement of settlement was offered. In case of the refusal to reimburse the costs, the Ministry of Defence files a lawsuit through the Office of the Attorney General to the competent court. The Government emphasizes that no request for termination of military service is rejected and that the reimbursement of training costs is either voluntary through an agreement or ordered by a competent court.

Article 2(2)(c). Prison labour. The Committee previously requested the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained in practice in the Republika Srpska. The Government provided detailed information on the working conditions and entitlements of prisoners occupied in economic units of the penitentiary institutions, and indicated that during the reporting period there were no working sites organized outside the institutions.

The Committee notes the Government’s information in its report that, regulations providing for voluntary work activity of prisoners are still effective in Republika Srpska. In 2014, 79 prisoners worked out of the prison institutions (9.57 per cent of prisoners involved in work), while the number for 2015 and 2016 is 101 persons (12.78 per cent). The Government also indicates that there are no agreements made with private entities regarding the work of convicts serving a sentence.