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.
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.
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.
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)
BiH has ratified all key international conventions concerning child labor (Table 3).
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.
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)
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.
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.
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.
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)
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.
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)
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.
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)
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.
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)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in BiH (Table 11).
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 |
- U.S. Embassy- Sarajevo. Reporting. February 24, 2020.
- U.S. Embassy- Sarajevo. Reporting. January 15, 2021.
- 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
- 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/
- 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/
- 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.
- 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/
- U.S. Embassy- Sarajevo. Reporting. January 30, 2019.
- U.S. Embassy- Sarajevo. Reporting. March 14, 2019.
- U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. January 26, 2018.
- U.S. Embassy- Sarajevo. Reporting. February 9, 2018.
- Oslobođenje. Twenty-one people trafficked in the first half of the year. Sarajevo. October 24, 2019. https://www.oslobodjenje.ba/vijesti/bih/u-prvih-pola-godine-21-zrtva-trgovine-ljudima-u-bih-500723
- U.S. Embassy- Sarajevo. Reporting. February 12, 2021.
- 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
- U.S. Embassy- Sarajevo. Reporting. January 18, 2018.
- Kali Sara-Roma Information Center official. Interview with USDOL official. May 17, 2017.
- U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 22, 2017.
- Human Rights Watch. World Report: Bosnia and Herzegovina, Events of 2020. 2021. https://www.hrw.org/world-report/2021/country-chapters/bosnia-and-herzegovina
- U.S. Department of State. Country Reports on Human Rights Practices- 2019: Bosnia and Herzegovina. Washington, DC, April 5, 2020. https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/bosnia-and-herzegovina/
- 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
- U.S. Department of State. Country Reports on Human Rights Practices- 2020: Bosnia and Herzegovina. Washington, DC, March 30, 2021. https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/bosnia-and-herzegovina/
- 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
- 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
- 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
- Government of Bosnia and Herzegovina. Constitution of Bosnia and Herzegovina. Enacted: 1995. https://www.refworld.org/docid/3ae6b56e4.html
- Government of Bosnia and Herzegovina. Criminal Code of Bosnia and Herzegovina. Enacted: 2003. https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_BiH.pdf
- 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
- 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
- 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
- Government of Bosnia and Herzegovina. Law on Service in the Armed Forces in Bosnia and Herzegovina. Enacted: 2005. Source on file.
- 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
- 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
- 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
- U.S. Embassy- Sarajevo. Reporting. January 28, 2016.
- U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 10, 2018.
- U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. February 12, 2019.
- U.S. Embassy- Sarajevo. Reporting. July 9, 2020.
- U.S. Embassy- Sarajevo. Reporting. May 24, 2021.
- 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.
- U.S. Embassy- Sarajevo. Reporting. February 1, 2016.
- U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. June 23, 2016.
- 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
- 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
- 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.
- Government of Bosnia and Herzegovina. Action Plan of Bosnia and Herzegovina for Addressing Roma Issues in the Fields of Employment, Housing and Health Care 2017–2020. 2016. http://www.mhrr.gov.ba/PDF/LjudskaPrava/4 Akcioni plan BiH za rjesavanje problema Roma 2017-2020_ENG.pdf
- UNICEF Bosnia and Herzegovina. UNICEF Bosnia and Herzegovina: Country Programme 2015 – 2019. https://www.unicef.org/bih/GeneralFS-web.pdf