2021 Findings on the Worst Forms of Child Labor: Bosnia and Herzegovina

Moderate Advancement

In 2021, Bosnia and Herzegovina made moderate advancement in efforts to eliminate the worst forms of child labor. The Republika Srpska National Assembly adopted amendments to its Criminal Code to include three new categories of exploitation—servitude, forced begging, and additional forms of sexual exploitation—and introduced higher penalties for trafficking children. Additionally, the Bosnia and Herzegovina Council of Ministers adopted a national-level action plan to facilitate implementation of the Strategy to Suppress Trafficking in Human Beings in Bosnia and Herzegovina (2020–2023). However, children in Bosnia and Herzegovina are subjected to the worst forms of child labor, including in forced begging. Social programs dedicated to assisting children involved in forced begging do not have adequate resources, and representatives from the Ministries of Labor are not included in the National Anti-Trafficking Strike Force, which limits coordination efforts. Furthermore, laws on the minimum age for work do not meet international standards because they do not apply to children who are self-employed or working outside of formal employment relationships.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Bosnia and Herzegovina (BiH) are subjected to the worst forms of child labor, including in forced begging. (1-4) Table 1 provides key indicators on children’s work and education in BiH.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

8.9 (44,017)

Attending School (%)

5 to 14

83.7

Combining Work and School (%)

7 to 14

10.6

Primary Completion Rate (%)

 

85.4%

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2022. (5)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 3 (MICS 3), 2006. (6)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Services

Street work, including vending and washing car windows (1-3)

Categorical Worst Forms of Child Labor‡

Forced begging and forced domestic work (7-9)

Commercial sexual exploitation, sometimes as a result of human trafficking (2,9)

Use in illicit activities, including for pickpocketing (2,9,10)

Use in the production of pornography (1,2,9,10)

‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Street begging is the most common form of child labor in Bosnia and Herzegovina (BiH). (2,9) Organized groups sometimes traffic children to lucrative locations, both domestically and internationally, in regional and EU countries, where they are forced to beg. (2,9,11,12)

Children in the largest minority group in BiH, the Roma, are the most vulnerable group exposed to the worst forms of child labor due to discrimination on numerous grounds, including difficulty in accessing education. The cost of school supplies and uniforms may be prohibitively expensive for some families. (7,13,14) Roma students also face discrimination from teachers, peers, and school administrators, which has resulted in a disproportionate number of Roma children being enrolled in schools for children with intellectual disabilities. (15) In addition, some Roma children lack birth registration documents, which are required to attend school in BiH. UNHCR reports indicate that approximately 69 Roma inhabitants in BiH, including some children, were designated as being at risk of statelessness in 2021, and the national government has continued to work with UNHCR to improve processes related to establishing citizenship. (16,17) Children who are classified as stateless are at higher risk for labor exploitation. (10,17,18) Additionally, migrants—particularly unaccompanied children—from Afghanistan, Pakistan, Iraq, and other countries who travel through BiH are potential targets for human traffickers. (19)

Schools in the Republika Srpska (RS) entity deny the right of some Bosniak children to receive instruction in the Bosnian language; as a result, these children sometimes travel long distances to the Federation of Bosnia and Herzegovina (FBiH) entity to receive education in their language. (2,17,20) In addition, discrimination persists under the "Two Schools Under One Roof" practice between Bosniaks and Croats in FBiH. Under this system, Bosniak and Croat children are in segregated classes following separate curricula in the same school building. (21) This creates obstacles for students who wish to attend schools other than those which match their ethnic identity and also enables ethnic discrimination in schools, which can lead to absenteeism. (2,17,20) Children with disabilities generally face barriers to access education, which may make them vulnerable to child labor. Although the number of school programs for children with disabilities is increasing, parents of children with disabilities sometimes receive insufficient support from the government, and some schools are unable to provide accommodations for the children's disabilities. (20) Sources indicated that the government has not allocated enough financial resources for adequate implementation of inclusive education initiatives, particularly for students with disabilities. (1,18-20)

II. Legal Framework for Child Labor

BiH has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

Bosnia and Herzegovina (BiH) is a democratic republic with a bicameral parliament. Governmental responsibilities lie with the state; the two entities of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS); and the self-governing Brčko District (BD). (22) The Government of Bosnia and Herzegovina has established laws and regulations related to child labor, at the state, entity, and district levels (Table 4). However, gaps exist in Bosnia and Herzegovina's legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.

Table 4. Laws and Regulations on Child Labor

Standard

Related Entity

Meets International Standards

Age

Legislation

Minimum Age for Work

Federation of Bosnia and Herzegovina (FBiH)

No

15

Article 20 of the Labor Law of the Federation of Bosnia and Herzegovina (23)

 

Republika Srpska (RS)

No

15

Articles 26 and 27 of the Labor Law of Republika Srpska (24)

 

Brčko District (BD)

No

15

Article 10 of the Labor Law of Brčko District (25)

Minimum Age for Hazardous Work

FBiH

Yes

18

Article 57 of the Labor Law of the Federation of Bosnia and Herzegovina (23)

 

RS

Yes

18

Articles 103 and 264 of the Labor Law of Republika Srpska (24)

 

BD

Yes

18

Article 41 of the Labor Law of Brčko District (25)

Identification of Hazardous Occupations or Activities Prohibited for Children

FBiH

Yes

 

Articles 42, 57, and 171 of the Labor Law of the Federation of Bosnia and Herzegovina (23)

 

RS

Yes

 

Articles 70, 72, 103, and 264 of the Labor Law of Republika Srpska (24)

 

BD

Yes

 

Articles 28, 41, and 111 of the Labor Law of Brčko District (25)

Prohibition of Forced Labor

Bosnia and Herzegovina (BiH)

Yes

 

Articles 185 and 186a of the Criminal Code of Bosnia and Herzegovina; Article II of the Constitution of Bosnia and Herzegovina (26,27)

 

FBiH

No

 

Articles 210a (2 and 3) of the Criminal Code of the Federation of Bosnia and Herzegovina (28)

 

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (29)

 

BD

No

 

Article 207 of the Criminal Code of Brčko District (30)

Prohibition of Child Trafficking

BiH

No

 

Articles 185 and 186a of the Criminal Code of Bosnia and Herzegovina (27)

 

FBiH

No

 

Articles 185–186a of the Criminal Code of Bosnia and Herzegovina (28)

 

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska; Articles 185–186a of the Criminal Code of Bosnia and Herzegovina (27,29)

 

BD

No

 

Article 207 of the Criminal Code of Brčko District (30)

Prohibition of Commercial Sexual Exploitation of Children

BiH

No

 

Articles 186 and 187 of the Criminal Code of Bosnia and Herzegovina (27)

 

FBiH

No

 

Articles 210 and 211 of the Criminal Code of the Federation of Bosnia and Herzegovina (28)

 

RS

Yes

 

Articles 198 and 198b–200 of the Criminal Code of Republika Srpska (29)

 

BD

Yes

 

Articles 186 and 207–208 of the Criminal Code of Brčko District (30)

Prohibition of Using Children in Illicit Activities

BiH

No

 

Article 195 of the Criminal Code of Bosnia and Herzegovina (27)

 

FBiH

Yes

 

Article 219 of the Criminal Code of the Federation of Bosnia and Herzegovina (28)

 

RS

Yes

 

Articles 198b and 224 of the Criminal Code of Republika Srpska (29)

 

BD

Yes

 

Article 216 of the Criminal Code of Brčko District (30)

Minimum Age for Voluntary State Military Recruitment

BiH, FBiH, RS, BD

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (31)

Prohibition of Compulsory Recruitment of Children by (State) Military

BiH, FBIH, RS, BD

N/A*

 

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (31)

Prohibition of Military Recruitment by Non-state Armed Groups

BiH, FBiH, RS, BD

No

 

Article 173€ of the Criminal Code of Bosnia and Herzegovina (27)

Compulsory Education Age

FBiH

Yes

15‡

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (32)

 

RS

Yes

15

Article 2 of the Law on Primary Education of Republika Srpska; Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (32,33)

 

BD

Yes

15

Article 55 of the Law on Education in Primary and Secondary Schools in the Brčko District; Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (32,34)

Free Public Education

FBiH, RS, BD

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (32)

* Country has no conscription (31)
‡ Age calculated based on available information (32)

During the reporting period, the Republika Srpska National Assembly (RSNA) adopted legislation to amend Article 145 of its Criminal Code to include three new categories of exploitation: servitude, forced begging, and additional forms of sexual exploitation. The new amendments introduce a minimum prison sentence of 3 years and a maximum of 20 years for offenders. (10) Additionally, the RSNA passed an amendment to Article 146 of its Criminal Code to increase the maximum sentence for trafficking of children from 8 years to 10 years. The amendment also stipulates that a sentence of 10 to 12 years should be issued to officials on duty who commit crimes related to trafficking in children, in addition to anyone who commits a related crime resulting in severe harm or the death of a victim. (10)

The labor laws of FBiH, RS, and BD do not conform to international standards that require all children to be protected by the minimum age to work because the labor laws do not apply to children who are self-employed or working outside of formal employment relationships. In addition, the FBiH, RS, and BD do not include street begging or illicit activities in their lists of hazardous occupations prohibited for children. (23-25) Although the Criminal Code of Bosnia and Herzegovina (BiH) criminalizes human trafficking for forced labor, it fails to specifically outlaw forced labor, debt bondage, and slavery separately from trafficking in persons. (28)

Laws related to illicit activities in BiH are not sufficient because using, procuring, and offering children for the production and trafficking of drugs is not criminally prohibited. The laws of BiH and FBiH do not meet international standards for prohibition of commercial sexual exploitation of children, and legislation in BiH, FBiH, RS, and BD does not meet international standards for the recruitment of minors by non-state armed groups, as their criminal codes fail to explicitly prohibit this offense. (27)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Related Entity

Role

Ministry of Labor and Social Policy Federal Inspection Agency and Cantonal-Level Labor Inspectorates

FBiH

Enforces labor laws, including those on child labor. (2)

Ministry of Labor and Veterans Labor Inspectorate

RS

Enforces labor laws, including those on child labor. (2)

Administrative Support Department

BD

Enforces labor laws, including those on child labor. (2)

Entity and Cantonal-Level Police

BD, FBiH, RS

Enforces criminal laws against human trafficking, forced labor, prostitution, and begging. (7)

Ministry of Security (MOS)

BiH

Enforces a national policy to prevent the worst forms of child labor and collects data on human trafficking. Ensures that victims are placed in government-approved shelters. (7)

State Investigative and Protection Agency (SIPA) and Border Police (SBP)

BiH

Investigates human trafficking crimes and enforces anti-trafficking laws across the entire country (SIPA). Identifies victims of human trafficking at the border (SBP). (1)

State, Entity, and FBiH Cantonal-Level Prosecutors’ Offices

BiH, BD, FBiH, RS

Prosecute human trafficking, forced labor, enticement to prostitution, and forced begging cases at their respective levels, based on applicable laws. (1)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Bosnia and Herzegovina (BiH) took actions to address child labor (Table 6). However, gaps exist within the operations of enforcement agencies that may hinder adequate labor law enforcement, including a lack of appropriate referral mechanisms.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

Related Entity

2020

2021

Labor Inspectorate Funding

FBiH/RS/BD

Unknown

Unknown

Number of Labor Inspectors

FBiH

133 (2)

133 (10)

 

RS

31 (2)

31 (10)

 

BD

12 (2)

12 (10)

Mechanism to Assess Civil Penalties

FBiH/RS/BD

Yes (23)

Yes (23)

Initial Training for New Labor Inspectors

FBiH/RS/BD

Yes (2)

Yes (10)

Training on New Laws Related to Child Labor

FBiH/RS/BD

N/A (2)

Yes (10)

Refresher Courses Provided

FBiH/RS/BD

Yes (2)

Yes (10)

Number of Labor Inspections Conducted

FBiH/RS/BD

Unknown

105,460 (10)

Number Conducted at Worksites

FBiH/RS/BD

Unknown

Unknown

Number of Child Labor Violations Found

FBiH/RS/BD

0 (2)

0 (10)

Number of Child Labor Violations for Which Penalties Were Imposed

FBiH/RS/BD

N/A (2)

N/A

Number of Child Labor Penalties Imposed that Were Collected

FBiH/RS/BD

N/A (2)

N/A

Routine Inspections Conducted

FBiH/RS/BD

Yes (2)

Yes (10)

Routine Inspections Targeted

FBiH/RS/BD

Yes (2)

Yes (10)

Unannounced Inspections Permitted

FBiH/RS/BD

Yes (23-25)

Yes (23-25)

Unannounced Inspections Conducted

FBiH/RS/BD

Yes (2)

Yes (10)

Complaint Mechanism Exists

FBiH/RS/BD

Yes (2)

Yes (10)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

FBiH/RS/BD

Yes (2)

Yes (10)

Officials indicated that there were sufficient resources provided to the Labor Inspectorates during the reporting period and that the number of labor inspectors appeared to be adequate. The Labor Inspectorate is authorized to assess administrative penalties up to approximately $627 (1,000 konvertibilna marka), and labor inspectors in both entities and BD may visit any formal sector inspection site without prior supervisory approval. (10)

No labor inspectors received training on detecting hazardous child labor in agriculture, including handling agricultural chemicals. (2) Complaint mechanisms exist in both entities and BD, including a mechanism for receiving online complaints, but research found that BiH does not have an official system for referring children identified during labor inspections to social services providers unless they are victims or potential victims of human trafficking. (10) Additionally, labor inspectors do not have a mandate to inspect informal work. (23)

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in BiH took actions to address child labor (Table 7). However, gaps exist within the operations of enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training for responsible enforcement authorities.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

Rleated Entity

2020

2021

Initial Training for New Criminal Investigators

BiH/FBiH/RS/BD

Unknown

Yes (10)

Training on New Laws Related to the Worst Forms of Child Labor

BiH/FBiH/RS/BD

Unknown

Yes (10)

Refresher Courses Provided

BiH/FBiH/RS/BD

Unknown

Yes (10)

Number of Investigations

BiH

Unknown

Unknown

 

FBiH/RS/BD

Unknown

Unknown

Number of Violations Found

BiH/FBiH/RS/BD

Unknown

Unknown

Number of Prosecutions Initiated

BiH

Unknown

Unknown

 

FBiH/RS/BD

Unknown

Unknown

Number of Convictions

BiH

Unknown

Unknown

 

FBiH/RS/BD

10 (35)

Unknown

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

BiH/FBiH/RS/BD

Yes (35)

Unknown

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

BiH/FBiH/RS/BD

Unknown

Unknown

Forced begging cases are pursued by cantonal- and entity-level police and cantonal-, entity-, and state-level prosecutors. (2,8,35) Children who are detained for begging are generally referred to social services providers, which are often run by NGOs with funding from the Ministry of Security (MOS) or the Ministry for Human Rights and Refugees. (2,8,36) However, law enforcement officials sometimes penalize child victims of forced begging by issuing fines against the children. (37,38) During the reporting period, FBiH authorities initiated investigations of 16 suspects for trafficking of children for the purpose of forced begging. In addition, FBiH authorities sentenced seven individuals to sentences ranging from 1 year and 9 months to 8 years in prison for trafficking of children. (10,39) In RS, authorities initiated investigations against a total of three persons for trafficking of children, with one indictment raised. Additionally, the Supreme Court of the RS confirmed a prior guilty verdict against an individual per Article 198 of the Criminal Code, resulting in 5 years of imprisonment for trafficking of minors. (10)

Research indicates that law enforcement officials and social workers would benefit from additional training on identifying children used for forced labor and begging, as these cases are often classified as child negligence or simply Roma custom instead. (2,3,8) The courts sometimes impose sentences under the legal minimum, decrease the severity of the sentences, or dismiss the charges against the perpetrators altogether. (2,7,8) In addition, enforcement officials are often unwilling to pursue investigations and prosecutions against parents involved in the trafficking of their children, particularly for forced labor, and the shelters subsequently return the children to the parents who were involved in the trafficking process. (2,10) The government did not publish information pertaining to criminal law enforcement efforts during the reporting period.

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including lack of inclusion of all relevant agencies.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Department of the State Coordinator for Combating Trafficking in Persons (State Coordinator) within MOS

Coordinates human trafficking victim protection efforts among relevant ministries at the entity-level and among prosecutors at the state-, entity-, and local-levels, as well as with NGOs. (7,8,10) Oversees the human trafficking database, which includes data from NGOs, the State Investigative and Protection Agency (SIPA), Border Police (SBP), and police agencies and prosecutors’ offices at all levels. (8,10,40) Publishes data from this database in its annual report on human trafficking. Oversees shelter management and monitors NGO compliance with the agreed-upon provisions on victims’ assistance. (10,40) During the reporting period, the State Coordinator prepared a report on activities related to the implementation of the Trafficking in Persons Strategy 2020–2023, which was approved by the BiH Council of Ministers in May 2021. (10)

Strike Force for Combating Trafficking in Persons and Organized Illegal Migration (Anti-Trafficking Strike Force)

Coordinates human trafficking investigations across government agencies. (10,40) Convenes monthly, with additional meetings scheduled as needed. (8,11) Chaired by the Chief State Prosecutor, includes BiH, FBiH, RS, and BD ministries and agencies. (1,7) The Strike Force continued to meet regularly in 2021. (10)

Strategy Implementation Monitoring Team

Responsible for the government's TIP-monitoring tasks previously undertaken by the Interministerial Working Group, which was dissolved in 2021. During the reporting period, the Team prepared its first report on the implementation of the National Trafficking in Persons Strategy in 2020. (10)

Regional Monitoring Teams

Facilitate anti-human trafficking coordination among state-, entity-, and cantonal-level institutions, as well as between NGOs and intergovernmental organizations. Include labor inspectors. (10) Seventeen of the Regional Monitoring Teams adopted action plans during the reporting period. (10)

Although the Anti-Trafficking Strike Force is meant to coordinate anti-trafficking efforts across agencies, representatives from FBiH and RS Ministries of Labor are not included. (2,7,39)

V. Government Policies on Child Labor

The government has established policies that are consistent with relevant international standards on child labor (Table 9).

Table 9. Key Policies Related to Child Labor

Policy

Description

Strategy to Suppress Trafficking in Human Beings in Bosnia and Herzegovina (2020–2023)

Includes activities to prevent forced labor, including child labor. (2) In October 2021, the Council of Ministers adopted a national-level Action Plan to facilitate implementation of the Strategy. Ten of the regional monitoring teams, in addition to authorities in BD and RS, drafted and approved action plans for implementation of the Strategy. (10)

Guidelines for Work of Regional Monitoring Teams

Enhance the cooperation of monitoring team members and the National Referral Mechanism. (8,41) Include a section on mixed migration flows, in which unaccompanied migrant children and victims of human trafficking are addressed. (8) The regional monitoring teams continued to operate normally during the reporting period. (10)

Protocol on Cooperation and Treatment in Cases of Unlawful Behavior tothe Detriment of Children in Sarajevo Canton

Prevents begging, exploitation of children, and abuse of children in Canton Sarajevo. (42,43) Sets rules on state cooperation on victim protection and mandates the provision of physical, psychological, health, and social protection for children. (43) The policy was formally active during the reporting period, but did not operate adequately in practice with numerous existing gaps in knowledge of professionals, particularly prosecutors, on how to properly refer victims. (39)

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (10)

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including a lack of adequate funding.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Registration Project

UNHCR-funded project, implemented by the NGO Vaša Prava, which promotes the registration of Roma people to increase their access to social benefits and schools. Has helped 1,740 individuals register for citizenship since 2009 and continues to provide legal assistance to foreign victims of trafficking. (1,11) Authorities continued to implement the registration project during the reporting period. (10)

Daily Centers†

Center for Social Welfare-supported and NGO-operated drop-in centers in seven locations across the country, designed to assist vulnerable children, especially street children. (7,8,11) Provide direct assistance for children, including educational activities, counseling, food, and hygiene. (2) Sarajevo's Center for Social Welfare Mobile Team also engages in daily outreach to children on the streets and to families in vulnerable communities throughout the capital region. (2) In 2021, the seven daily centers operated normally throughout the year. (10)

Assistance for Trafficking Victims†

Government program that allocates small grants to local NGOs for the provision of shelter and social services to victims of human trafficking, including counseling, educational assistance and job training for domestic victims, and visa and legal services for foreign victims of human trafficking. (1,2) The program formally existed during the reporting period. However, due to the lack of a state budget in 2021, the government did not disburse any funding to local NGOs that provide services to trafficking victims, thus severely endangering their operation. (39)

Prevention and Fight Against Trafficking in Human Beings in Bosnia and Herzegovina

Joint project by the EU and the Council of Europe. Debuted in October 2019 and offers $790,720 in funding over 3 years to assist BiH in its efforts to better identify victims of human trafficking and heighten public awareness of human trafficking. (38,44) Plans to achieve goals through 12 trainings for labor inspectors, police officers, healthcare providers, and education professionals. (1) During the reporting period, 105 authorities (including 30 labor inspectors) participated in trainings provided through the project. (38) Additionally, the Council of Europe's Group of Experts on Action Against Trafficking in Human Beings (GRETA) conducted a visit to Sarajevo to gauge the status of human trafficking victims' access to legal assistance and other forms of support. (44)

† Program is funded by the Government of BiH.

Because labor inspectors do not have a mandate to inspect informal work, staff from Daily Centers are often the first to identify children engaged in hazardous street work. Sarajevo's Mobile Team staff continues to lack sufficient resources for their work, especially reliable transportation. (10,45) Although most Daily Centers collaborate with local Centers for Social Welfare, Daily Centers are not institutionalized and, therefore, lack consistent financial and technical support. (10,45) This may limit the ability of Daily Centers to identify and assist children working on the streets. In addition, government support for outreach to street children in areas outside Sarajevo varies significantly. (2) Although the government provides some social services for low-income families through the Centers for Social Welfare, many families do not receive enough assistance to reduce their reliance on child labor, especially begging. (10,45,46)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in BiH (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Related Entity

Suggested Action

Year(s) Suggested

Legal Framework

BD, FBiH, RS

Ensure that the minimum age for work applies to all children, including those who are self-employed or working outside of formal employment relationships.

2015 – 2021

 

FBiH, BD

Criminalize forced labor, debt bondage, and slavery separately from human trafficking in FBiH's laws.

2018 – 2021

 

BiH

Ensure that BiH law prohibits the use of children in illicit activities including using, procuring, and offering children for the production and trafficking of drugs.

2015 – 2021

 

BiH, BD, FBiH, RS

Ensure that the laws criminally prohibit the recruitment of children under age 18 by non-state armed groups and that children are not punished for engagement in non-state armed groups.

2016 – 2021

 

BD, FBiH, RS

Ensure that the hazardous occupations and activities prohibited for children are comprehensive and include sectors in which child labor is known to occur, including forced begging and use in illicit activities.

2016 – 2021

 

BiH

Ensure that BiH law criminally prohibits using children for prostitution, production of pornography, or pornographic performances.

2019 – 2021

 

FBiH

Ensure that the laws of FBiH and BD criminally prohibit the use of children for prostitution.

2019 – 2021

Enforcement

BD, FBiH, RS

Collect and publish information on labor and criminal law enforcement efforts, including labor inspectorate funding, number of inspections conducted at worksites; and number of investigations, violations, prosecutions, and convictions.

2015 – 2021

 

BD, FBiH, RS

Ensure that labor inspectors receive training on all sectors in which child labor is known to occur, including hazardous work in agriculture.

2017 – 2021

 

BiH, BD, FBiH, RS

Create an official mechanism for referring children identified during labor inspections to social services providers.

2018 – 2021

 

BD, FBiH, RS

Ensure that children are not penalized for being victims of the worst forms of child labor.

2017 – 2021

 

BiH, BD, FBiH, RS

Ensure that law enforcement judiciary officials and social services providers are trained on government protocols in detecting cases of child trafficking—including trafficking of migrant and refugee children—and are able to properly identify victims, classify violations, use referral mechanisms, and prosecute offenders according to the law.

2014 – 2021

 

BiH

Ensure that labor inspectors are permitted to conduct inspections in the informal work sector.

2021

 

BiH

Ensure that the government publishes criminal law enforcement data, including number of imposed penalties for violations related to the worst forms of child labor.

2021

 

BiH

Ensure that a reciprocal referral mechanism exists between criminal authorities and social services.

2021

Coordination

BiH, BD, FBiH, RS

Ensure that all relevant ministries are represented in the Anti-Trafficking Strike Force.

2017 – 2021

Government Policies

 

Ensure that the government publishes information on policies to address child labor, including the Protocol on Cooperation and Treatment in Cases of Unlawful Behavior at the Detriment of Children in Canton Sarajevo.

2021

Social Programs

BiH

Ensure that inclusive education initiatives receive adequate funding.

2009 – 2021

 

BD, FBiH, RS

Ensure that all children have access to education by eliminating school-related fees, accommodating children with disabilities, and preventing discrimination against minority students.

2013 – 2021

 

BD, FBiH, RS

Ensure that all children have access to birth registration or identity documentation required to enroll in school.

2011 – 2021

 

FBiH, RS

Allow all Bosniak children in RS to access education in the Bosnian language and end the "Two Schools Under One Roof" practice to eliminate discrimination in schools based on ethnicity in FBiH.

2018 – 2021

 

BiH

Strengthen social protection measures by ensuring that programs such as Daily Centers and Centers for Social Welfare receive adequate financial and technical resources to assist vulnerable families and victims of child labor.

2014 – 2021

 

BiH, BD, FBiH, RS

Ensure sufficient resources to provide social services and education to potential and actual victims of domestic or international human trafficking, including unaccompanied minors.

2014 – 2021

 

BiH

Ensure that government support for outreach to street children extends beyond Sarajevo.

2019 – 2021

 

BiH

Publish information on social programs to address child labor, including Assistance for Trafficking Victims.

2021

References
  1. U.S. Embassy- Sarajevo. Reporting. February 24, 2020.
  2. U.S. Embassy- Sarajevo. Reporting. January 15, 2021.
  3. UNICEF. Situational Analysis of Children in Bosnia and Herzegovina. March 2020.
    https://www.unicef.org/bih/media/4971/file/Situation Analysis of Children in Bosnia and Herzegovina.pdf
  4. U.S. Department of State. Trafficking in Persons Report- 2020: Bosnia and Herzegovina. Washington, D.C., June 25, 2020.
    https://www.state.gov/reports/2020-trafficking-in-persons-report/bosnia-and-herzegovina/
  5. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed: March 3, 2022. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
    http://data.uis.unesco.org/
  6. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original Data from Multiple Indicator Cluster Survey 3 (MICS 3), 2006. Analysis received March 2022. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
  7. U.S. Embassy- Sarajevo. Reporting. January 30, 2019.
  8. U.S. Embassy- Sarajevo. Reporting. March 14, 2019.
  9. U.S. Department of State. Trafficking in Persons Report- 2021: Bosnia and Herzegovina. Washington, D.C., July 1,2021.
    https://www.state.gov/reports/2021-trafficking-in-persons-report/bosnia-and-herzegovina/
  10. U.S. Embassy- Sarajevo. Reporting. January 21, 2022.
  11. U.S. Embassy- Sarajevo. Reporting. February 9, 2018.
  12. U.S. Embassy- Sarajevo. Reporting. February 12, 2021.
  13. U.S. Embassy- Sarajevo. Reporting. January 18, 2018.
  14. Kali Sara-Roma Information Center official. Interview with USDOL official. May 17, 2017.
  15. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 22, 2017.
  16. UNHCR. The Urgent Need to End Childhood Statelessness. 2022.
    https://www.unhcr.org/ibelong/the-urgent-need-to-end-childhood-statelessness/
  17. UNHCR. Bosnia and Herzegovina - Operational Context. 2022.
    https://www.unhcr.org/ibelong/bosnia-and-herzegovina-joint-strategy/
  18. Human Rights Watch. World Report: Bosnia and Herzegovina, Events of 2020. 2021.
    https://www.hrw.org/world-report/2021/country-chapters/bosnia-and-herzegovina
  19. U.S. Embassy- Sarajevo. Reporting. February 7, 2022.
  20. Oslobodenje. Another deadline to begin working with more than one hundred children with disabilities. March 9, 2018.
    http://www.oslobodjenje.ba/vijesti/sarajevo/probijen-jos-jedan-rok-za-pocetak-rada-sa-vise-od-stotinu-djece-sa-poteskocama
  21. OSCE. "Two Schools Under One Roof" The Most Visible Example of Discrimination in Education in Bosnia and Herzegovina. OSCE, November 2018.
    https://www.osce.org/mission-to-bosnia-and-herzegovina/404990?download=true.
  22. U.S. Department of State. Country Reports on Human Rights Practices- 2019: Bosnia and Herzegovina. Washington, D.C., March 11, 2020.
    https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/bosnia-and-herzegovina/
  23. Government of Bosnia and Herzegovina. Labor Law of the Federation of Bosnia and Herzegovina. Enacted: 2003.
    http://ilo.org/dyn/natlex/docs/ELECTRONIC/104623/127699/F1877709948/BIH-2016-L-104623.pdf
  24. Government of Bosnia and Herzegovina. Labor Law of Republika Srpska. Enacted: 2003.
    http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/102220/123487/F-1030013146/BIH-2015-L-102220.pdf
  25. Government of Bosnia and Herzegovina. Labor Law of Brčko District. Enacted: 2005.
    http://ilo.org/dyn/natlex/docs/ELECTRONIC/99959/119633/F1307714070/BIH99959 Bsn.pdf
  26. Government of Bosnia and Herzegovina. Constitution of Bosnia and Herzegovina. Enacted: 1995.
    https://www.refworld.org/docid/3ae6b56e4.html
  27. Government of Bosnia and Herzegovina. Criminal Code of Bosnia and Herzegovina. Enacted: 2003.
    https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_BiH.pdf
  28. Government of Bosnia and Herzegovina. Criminal Code of the Federation of Bosnia and Herzegovina, amendments in Official Gazette Number 46. Enacted: June 15, 2016.
    http://www.tuzilastvobih.gov.ba/files/docs/Krivicni_zakon_F_BiH_izmjene_i_dopune_46_16__bos.pdf
  29. Government of Bosnia and Herzegovina. Criminal Code of Republika Srpska. Enacted: July 1, 2003.
    https://www.unodc.org/cld/document/bih/2003/criminal_code_of_republika_srpska_as_of_2013.html
  30. Government of Bosnia and Herzegovina. Criminal Code of the Brčko District of Bosnia and Herzegovina. Enacted: May 28, 2003.
    http://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/005 - Criminal Code, Criminal Procedure Codes and Criminal Sanctions/Criminal Codes/BDBH/BD Criminal Code 10-03.pdf
  31. Government of Bosnia and Herzegovina. Law on Service in the Armed Forces in Bosnia and Herzegovina. Enacted: 2005. Source on file.
  32. Government of Bosnia and Herzegovina. Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, No. 18/03. Enacted: 2003.
    http://fmon.gov.ba/Upload/Dokumenti/7e1e8c33-c594-4784-817a-e46de79149fa_Okvirni zakon o osnovnom i srednjem obrazovanju u Bosni i Hercegovini.pdf
  33. Government of Bosnia and Herzegovina. Law on Primary Education of Republika Srpska. Enacted: 2007.
    https://advokat-prnjavorac.com/zakoni/Zakon-o-osnovnom-vaspitanju-i-obrazovanju-RS.pdf
  34. Government of Bosnia and Herzegovina. Law on Education in Primary and Secondary Schools in Brčko District. Enacted: March 27, 2008.
    http://skupstinabd.ba/ba/zakon.html?lang=ba&id=/Zakon o obrazovanju u osnovnim i srednjim s--kolama
  35. U.S. Embassy- Sarajevo. Reporting. May 24, 2021.
  36. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. January 26, 2018.
  37. Government of Bosnia and Herzegovina. Written Communication. Submitted in response to USDOL Federal Register Notice (2017). Request for Information of Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor. Sarajevo. 2018.
  38. Council of Europe. Training on human trafficking for labour exploitation continued in Bosnia and Herzegovina. December 15, 2021.
    https://www.coe.int/en/web/sarajevo/-/training-on-human-trafficking-for-labour-exploitation-continued-in-bosnia-and-herzegovina
  39. U.S. Embassy- Sarajevo official. E-mail communication with USDOL official. June 10, 2022.
  40. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. February 12, 2019.
  41. Government of Bosnia and Herzegovina. Guidelines for Work of Regional Monitoring Teams for Combatting Trafficking in Human Beings in Bosnia and Herzegovina. 2018.
    https://bih.iom.int/sites/bih/files/TRAFIC/GUIDELINES FOR WORK OF REGIONALMONITORING TEAMS FOR COMBATTING TRAFFICKINGIN HUMAN BEINGS INBOSNIA AND HERZEGOVINA.pdf
  42. Radio Sarajevo. KS rule is decisive: Prevent beggars and exploiting children. October 2, 2018.
    https://www.radiosarajevo.ba/metromahala/teme/sarajevska-vlast-odlucna-sprijeciti-prosjacenja-skitnje-i-iskoristavanje-djece/314297
  43. Government of Canton Sarajevo. Protocol on cooperation and treatment in cases of unlawful behavior at the detriment of children in Canton Sarajevo. 2018. Source on file.
  44. Council of Europe. GRETA visits Bosnia and Herzegovina as part of the third evaluation round. September 6, 2021.
    https://www.coe.int/en/web/sarajevo/-/greta-visits-bosnia-and-herzegovina-as-part-of-the-third-evaluation-round
  45. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 10, 2018.
  46. U.S. Department of State. Country Reports on Human Rights Practices- 2020: Bosnia and Herzegovina. Washington, D.C., March 30, 2021.
    https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/bosnia-and-herzegovina/