Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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 in 2015, the criminal offences of transnational trafficking (section 186), organized transnational trafficking (section 186(a)), and international procuring in prostitution (section 187) were introduced into the Criminal Code of Bosnia and Herzegovina of 27 June 2003. In 2016, section 210(a) on trafficking in persons and section 210(b) on organized trafficking in persons were introduced into the Criminal Code of the Federation of Bosnia and Herzegovina of 9 July 2003. Under section 207(a) of the Criminal Code of the Brčko District of 2003 and section 145 of the Criminal Code of the Republika Srpska of 2017, trafficking in persons is a criminal offence.

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

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

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

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

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

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

Noting that the Government has not provided its first detailed report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests the Government to provide it with its next report on the application of the Convention due in 2024.