2020 Findings on the Worst Forms of Child Labor: Bosnia and Herzegovina

 
Moderate Advancement

In 2020, Bosnia and Herzegovina made moderate advancement in efforts to eliminate the worst forms of child labor. The Council of Ministers adopted the 2020–2023 National Strategy to Combat Trafficking in Persons as well as the National Action Plan to combat trafficking. The Republika Srpska entity has adopted an anti-trafficking action plan, and cantonal governments have adopted several local action plans. The Government of Bosnia and Herzegovina improved victim access to social services by merging resources for domestic and foreign victims of human trafficking into one fund. The Republika Srpska entity amended the chapter on crimes against citizens’ rights and freedoms in the Criminal Code by introducing forced begging, domestic servitude, and sexual exploitation as forms of trafficking to make trafficking prosecutions easier. It also strengthened sentences, which now mandate 3 to 20 years of imprisonment. However, children in Bosnia and Herzegovina are subjected to the worst forms of child labor, including in forced begging, sometimes as a result of human trafficking. Border police officers and social workers failed to properly identify unaccompanied migrant and refugee children as potential victims of human trafficking due to a lack of proper protocols. 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, sometimes as a result of human trafficking. (1-4) Table 1 provides key indicators on children’s work and education in BiH. Data on some of these indicators are not available from the sources used in this report.

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 (%)

 

Unavailable

Primary completion rate was unavailable from UNESCO Institute for Statistics, 2021. (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, each sometimes as a result of human trafficking (7-9)

 

Commercial sexual exploitation, sometimes as a result of human trafficking (2,4,7)

 

Use in illicit activities, including for pickpocketing (1,2,4)

 

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 BiH. (2,7) Organized groups sometimes traffic children to lucrative locations, both domestically and internationally, in regional and EU countries, where they are forced to beg. (2,4,11-13) In 2020, BiH was part of a major migration transit corridor through the Western Balkans, with most new arrivals to the country coming from Bangladesh, Afghanistan, and Pakistan. (13,14)

Children in the largest minority group in BiH, the Roma, are vulnerable to the worst forms of child labor due to their difficulty in accessing education. The costs of school supplies and uniforms may be prohibitively expensive for some families. (8,15,16) 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. (17) In addition, some Roma children lack birth registration documents, which are required to attend school in BiH. (8,9,18) Sources indicated that the government has not allocated enough financial resources for adequate implementation of inclusive education initiatives, particularly for students with disabilities. (1,7,18-20)

Schools in Republika Srpska (RS) deny the right for 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) to receive education in their language. (2,18,21) In addition, discrimination persists under the "Two Schools Under One Roof" practice between Bosniaks and Croats in FBiH. This practice 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. (2,18,21) 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 such children sometimes receive insufficient support from the government, and some schools are unable to provide accommodations for the children's disabilities. (21)

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 is a democratic republic with a bicameral parliament. Governmental responsibilities lie with the state, the two entities of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS), and the self-governing Brčko District (BD). (19) 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 and the prohibition of military recruitment by non-state armed groups.

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 (22)

 

Republika Srpska (RS)

No

15

Articles 26–27 of the Labor Law of Republika Srpska (23)

 

Brčko District (BD)

No

15

Article 10 of the Labor Law of Brčko District (24)

Minimum Age for Hazardous Work

FBiH

Yes

18

Article 57 of the Labor Law of the Federation of Bosnia and Herzegovina (22)

 

RS

Yes

18

Articles 103 and 264 of the Labor Law of Republika Srpska (23)

 

BD

Yes

18

Article 41 of the Labor Law of Brčko District (24)

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 (22)

 

RS

Yes

 

Articles 70, 72, 103, and 264 of the Labor Law of Republika Srpska (23)

 

BD

Yes

 

Articles 28, 41, and 111 of the Labor Law of Brčko District (24)

Prohibition of Forced Labor

Bosnia and Herzegovina (BiH)

Yes

 

Articles 185–186a of the Criminal Code of Bosnia and Herzegovina; Article II of the Constitution of Bosnia and Herzegovina (25,26)

 

FBiH

No

 

Articles 210a (2–3) of the Criminal Code of the Federation of Bosnia and Herzegovina. (27)

 

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (28)

 

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (29)

Prohibition of Child Trafficking

BiH

Yes

 

Articles 185–186a of the Criminal Code of Bosnia and Herzegovina (26)

 

FBiH

Yes

 

Articles 210a–210b of the Criminal Code of the Federation of Bosnia and Herzegovina (27)

 

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (28)

 

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (29)

Prohibition of Commercial Sexual Exploitation of Children

BiH

No

 

Articles 186 and 187 of the Criminal Code of Bosnia and Herzegovina (26)

 

FBiH

No

 

Articles 210–211 of the Criminal Code of the Federation of Bosnia and Herzegovina (27)

 

RS

No

 

Articles 198 and 198b–200 of the Criminal Code of Republika Srpska (28)

 

BD

No

 

Articles 186 and 207–209 of the Criminal Code of Brčko District (29)

Prohibition of Using Children in Illicit Activities

BiH

No

 

Article 195 of the Criminal Code of Bosnia and Herzegovina (26)

 

FBiH

Yes

 

Article 219 of the Criminal Code of the Federation of Bosnia and Herzegovina (27)

 

RS

Yes

 

Articles 198b and 224 of the Criminal Code of Republika Srpska (28)

 

BD

Yes

 

Article 216 of the Criminal Code of Brčko District (29)

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 (30)

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 (30)

Prohibition of Military Recruitment by Non-state Armed Groups

BiH, FBiH, RS, BD

No

 

Article 173(e) of the Criminal Code of Bosnia and Herzegovina (26)

Compulsory Education Age

FBiH

Yes

15‡

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (31)

 

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 (31,32)

 

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 (31,33)

Free Public Education

FBiH, RS, BD

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (31)

* No conscription (30)
‡ Age calculated based on available information (31)

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, FBiH, RS, and BD do not include street begging in their lists of hazardous occupations prohibited for children. (22-24) Although the Criminal Code in FBiH criminalizes human trafficking for forced labor, it fails to specifically outlaw forced labor, debt bondage, and slavery separately from trafficking in persons. (27)

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. In addition, laws in BiH do not meet international standards for the prohibition of recruitment of minors by non-state armed groups. (26)

The Criminal Code of BiH fails to prohibit using children for prostitution, the production of pornography, or pornographic performances. Further, the Criminal Codes in FBiH and in BD do not criminally prohibit the use of children for prostitution. (26,27,29) Although the Criminal Code of RS prohibits using children who are victims of human trafficking for prostitution, the production of pornography, and pornographic performances, there is a gap in the law for children who are not victims of trafficking. (28)

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

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

FBiH

Enforce labor laws, including those on child labor, in FBiH. (8,34)

RS Ministry of Labor and Veterans Labor Inspectorate

RS

Enforces labor laws, including those on child labor, in RS. (8,34)

BD Administrative Support Department

BD

Enforces labor laws, including those on child labor, in BD. (34)

Entity and Cantonal-Level Police

BD, FBiH, RS

Enforce criminal laws against human trafficking, forced labor, prostitution, and begging. (8)

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. (8)

State Investigative and Protection Agency (SIPA) and State 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 2020, labor law enforcement agencies in BiH took actions to combat child labor (Table 6). However, gaps exist within the operations of the labor law enforcement agencies that may hinder adequate labor law enforcement, including proper application of referral mechanisms.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

Related Entity

2019

2020

Labor Inspectorate Funding

FBiH/RS/BD

Unknown

Unknown

Number of Labor Inspectors

FBiH

Unknown

133 (2)

 

RS

Unknown

31 (2)

 

BD

Unknown

12 (2)

Inspectorate Authorized to Assess Penalties

FBiH/RS/BD

Yes (22-24)

Yes (2)

Initial Training for New Labor Inspectors

FBiH/RS/BD

Unknown

Unknown

Training on New Laws Related to Child Labor

FBiH/RS/BD

Unknown

Unknown

Refresher Courses Provided

FBiH/RS/BD

Unknown

Unknown

Number of Labor Inspections Conducted

FBiH/RS/BD

Unknown

Unknown

 

FBiH/RS/BD

Unknown

Unknown

Number of Child Labor Violations Found

FBiH/RS/BD

Unknown

0 (2)

Number of Child Labor Violations for Which Penalties Were Imposed

FBiH/RS/BD

Unknown

N/A (2)

Number of Child Labor Penalties Imposed that Were Collected

FBiH/RS/BD

Unknown

N/A (2)

Routine Inspections Conducted

FBiH/RS/BD

Unknown

Yes (2)

Routine Inspections Targeted

FBiH/RS/BD

Unknown

Yes (2)

Unannounced Inspections Permitted

FBiH/RS/BD

Yes (22-24)

Yes (22-24)

Unannounced Inspections Conducted

FBiH/RS/BD

Unknown

Yes (2)

Complaint Mechanism Exists

FBiH/RS/BD

Unknown

Yes (2)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

FBiH/RS/BD

Unknown

Yes (2)

Although the government did not provide information on its labor inspectorate funding for inclusion in this report, officials in each entity reported that labor inspectors had sufficient resources to carry out inspections in 2020. However, no labor inspectors received training on detecting hazardous child labor in agriculture, including handling agricultural chemicals. (2,35,36) Complaint mechanisms exist in all entities, 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. (2)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in BiH took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal law enforcement agencies that may hinder adequate enforcement, including proper application of referral mechanisms.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

Related Entity

2019

2020

Initial Training for New Criminal Investigators

BiH/FBiH/RS/BD

Unknown

Unknown

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

BiH/FBiH/RS/BD

Unknown

Unknown

Refresher Courses Provided

BiH/FBiH/RS/BD

Yes (1)

Unknown

Number of Investigations

BiH

Unknown

Unknown

 

FBiH/RS/BD

5 (37)

Unknown

Number of Violations Found

BiH/FBiH/RS/BD

Unknown

Unknown

Number of Prosecutions Initiated

BiH

3 (37)

Unknown

 

FBiH/RS/BD

Unknown

Unknown

Number of Convictions

BiH

0 (37)

Unknown

 

FBiH/RS/BD

4 (37)

10 (38)

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

BiH/FBiH/RS/BD

Unknown

Yes (38)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

BiH/FBiH/RS/BD

Yes (37)

Unknown

Forced begging cases are pursued by cantonal- and entity-level police and cantonal-, entity-, and state-level prosecutors. (2,9,38) 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 or the Ministry for Human Rights and Refugees. (2,9,10) However, law enforcement officials sometimes penalize child victims of forced begging by issuing fines against the children. (2,39)

Throughout 2020, the international community, in cooperation with the National Coordinator, facilitated multiple trainings on indicators of trafficking in persons, with an emphasis on irregular migrants, including unaccompanied minors, for the Border Police and regional police forces. (2) However, 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 Roma custom instead. (2,3,9) The courts sometimes impose sentences under the legal minimum, decrease the severity of the sentences, or dismiss the charges against the perpetrators altogether. (2,8,9) 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. (2,8)

During the reporting period, FBiH courts convicted 10 traffickers and Federation judges issued sentences ranging from 1 year and 10 months’ imprisonment to 10 years’ imprisonment for six traffickers. In addition, one judge from Tuzla Canton issued a sentence of 10 years’ imprisonment, the highest sentence to date for forced child begging, and the RS Supreme Court upheld a conviction and sentenced a child trafficker to 5 years’ imprisonment. (38)

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 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. (8,9,36,40) Oversees the human trafficking database, which includes data from NGOs, SIPA, SBP, and police agencies and prosecutors' offices at all levels. (9,36) Publishes data from this database in its annual report on human trafficking. (40) Oversees shelter management and monitors NGO compliance with the agreed-upon provisions on victims' assistance. (36) In 2020, the State Coordinator assisted 26 minors identified as potential victims of trafficking. (2)

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

Coordinates human trafficking investigations across government agencies. (36,40) Convenes monthly, with additional meetings scheduled as needed. (9,11) Chaired by the Chief State Prosecutor, includes BiH, FBiH, RS, and BD ministries and agencies. (1,8,40) In 2020, the Strike Force met several times throughout the year. (2,13)

Strategy Implementation Monitoring Team

In January 2020, the Council of Ministers adopted the 2020–2023 Strategy to Suppress Trafficking in Human Beings. The new Strategy will establish the Strategy Implementation Monitoring Team to replace the Inter-Ministerial Working Group, which was dissolved during the reporting period. (2)

Regional Monitoring Teams

Facilitate anti-human trafficking coordination among state, entity, and cantonal-level institutions, as well as between NGOs and intergovernmental organizations. (40,41) Include labor inspectors. (39) In 2020, 16 out of 18 total planned local coordinating teams were established and conducted research on the status of human trafficking in BiH. (2,13)

Although the Strike Force is meant to coordinate anti-trafficking efforts across agencies, representatives from the Ministries of Labor are not included. (2,8) During the reporting period, the Council of Ministers expanded the Strike Force with one additional prosecutor from the State Prosecutor's Office and one official from the Border Police. (2)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including mainstreaming child labor issues into relevant policies.

Table 9. Key Policies Related to Child Labor

Policy

Description

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

The National Action Plan for the Strategy includes prevention activities to prevent forced labor, including child labor. In October 2020, the Council of Ministers adopted the state-level Action Plan for Implementation of the Strategy. (2)

Guidelines for Work of Regional Monitoring Teams

Enhances the cooperation of monitoring team members and the National Referral Mechanism. (9,42) Includes a section on mixed migration flows, in which unaccompanied migrant children and victims of human trafficking are addressed. (9) The Guidelines have been completed and are currently being prepared for printing and distribution to all relevant institutions and organizations in the country. (38)

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

Prevents begging, exploitation of children, and abuse of children in Canton Sarajevo. (43,44) Sets rules on state cooperation on victim protection and mandates the provision of physical, psychological, health, and social protection for children. (44) As a direct result of the protocol, the Sarajevo Canton Prosecutor's Office is currently processing two child begging cases. During the reporting period, 23 children were rescued and accommodated in a safe house as a result of one of these cases. (38)

† Policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (45)

During the reporting period, the Government of BiH continued to implement the National Action Plan to Counter Trafficking, which includes provisions dedicated to preventing labor exploitation of Roma children. (2,38) In addition, Roma organizations and government agencies have expressed intentions to develop an auxiliary action plan to combat child begging; however, the plan has not been completed. (36)

In July 2020, the Government of BiH created a portal for potential victims of trafficking for use in the collection and analysis of statistical data on trafficking in human beings. (2)

VI. Social Programs to Address Child Labor

In 2020, 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 NGO Vaša Prava, which promotes the registration of Roma people to increase their access to social benefits and schools. (40) Has helped 1,740 individuals register for citizenship since 2009 and continues to provide legal assistance to foreign victims of trafficking. (1,11) Active in 2020. (2)

Daily Centers†

Center for Social Welfare-supported and NGO-operated drop-in centers in seven locations across the country for vulnerable children, especially street children. (8,9,11) 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. In 2020, the Daily Centers provided social services to the 163 potential victims of child trafficking identified by the State Prosecutor. (2)

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) In 2020, MOS and the Ministry of Human Rights and Refugees allocated $37,100 for shelters. (2)

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 ongoing issues in the trafficking of persons. Plans to achieve goals through 12 trainings for labor inspectors, police officers, healthcare providers, and education professionals. (1) During the reporting period, the Council of Europe organized 2 trainings on trafficking in human beings for the purpose of labor exploitation (including child labor) for 40 participants. The training included labor inspectors, representatives of employment agencies, members of local anti-trafficking coordination teams, and union and private sector representatives. (2)

† 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. (35,36) Although most Daily Centers collaborate with local Centers for Social Welfare, Daily Centers are not institutionalized and, therefore, lack consistent financial and technical support. (35,36) 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. (21,35,36)

During the reporting period, the government partly funded five NGO-run shelters. The Ministry of Human Rights and Refugees allocated $37,450 to four NGOs assisting domestic trafficking victims in 2020, and the Ministry of Security allocated $43,695 to two NGOs assisting foreign victims in 2020. (13,38) In addition, the government merged the internal domestic and foreign victim funds into one victim protection fund worth $81,148, which will be administered by the State Coordinator to provide more effective use of funds for victim assistance. (38)

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 – 2020

 

FBiH

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

2018 – 2020

 

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 – 2020

 

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 – 2020

 

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 – 2020

 

BiH

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

2019 – 2020

 

FBiH, BD

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

2019 – 2020

 

RS

Ensure that the use of children in prostitution, production of pornography and for pornographic performances is criminally prohibited separately from human trafficking.

2019 – 2020

Enforcement

BD, FBiH, RS

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

2015 – 2020

 

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 – 2020

 

BiH, BD, FBiH, RS

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

2018 – 2020

 

BD, FBiH, RS

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

2017 – 2020

 

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 – 2020

Coordination

BiH, BD, FBiH, RS

Ensure that all relevant ministries are represented in the Anti-Trafficking Strike Force and allocate sufficient funding to enable coordination and documentation of active investigations.

2017 – 2020

 

BiH

Ensure that all coordinating bodies are active and able to implement their mandates.

2019 – 2020

Social Programs

BiH

Ensure that inclusive education initiatives receive adequate funding.

2009 – 2020

 

BD, FBiH, RS

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

2013 – 2020

 

BD, FBiH, RS

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

2011 – 2020

 

FBiH, RS

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

2018 – 2020

 

BiH

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

2014 – 2020

 

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 – 2020

 

BiH

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

2019 – 2020

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, DC, June 16, 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 2020. 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, 2006. Analysis received March 2020. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
  7. U.S. Department of State. Trafficking in Persons Report- 2019: Bosnia and Herzegovina. Washington, DC, June 20, 2019. https://www.state.gov/reports/2019-trafficking-in-persons-report-2/bosnia-and-herzegovina/
  8. U.S. Embassy- Sarajevo. Reporting. January 30, 2019.
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  13. U.S. Embassy- Sarajevo. Reporting. February 12, 2021.
  14. Save the Children International. Refugees and Migrants at the Western Balkans Route - Regional Overview, July–September 2020. 2020. https://resourcecentre.savethechildren.net/node/18638/pdf/refugees_and_migrants_balkans_regional_overview_q3_2020_sc_bmdh_data.pdf
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  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
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  22. 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
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  28. 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
  29. 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
  30. Government of Bosnia and Herzegovina. Law on Service in the Armed Forces in Bosnia and Herzegovina. Enacted: 2005. Source on file.
  31. 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
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  33. 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
  34. U.S. Embassy- Sarajevo. Reporting. January 28, 2016.
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  42. 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
  43. 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
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