Findings on the Worst Forms of Child Labor - Bosnia & Herzegovina

Child Labor and Forced Labor Reports

Bosnia and Herzegovina

2016 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2016, Bosnia and Herzegovina made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government of the Federation of Bosnia and Herzegovina amended the Criminal Code to criminalize all forms of human trafficking within its jurisdiction, thereby harmonizing the law with the rest of the country. Trainings were also held for labor inspectors on human trafficking identification and the national referral mechanism. In addition, the Government funded 16 NGOs to implement programs to address human trafficking. However, children in Bosnia and Herzegovina perform dangerous tasks in street work. Children also engage in the worst forms of child labor, including in commercial sexual exploitation as a result of human trafficking. The Government lacks a mechanism to coordinate its efforts to address child labor, including its worst forms. In addition, the minimum age protections in the Federation of Bosnia and Herzegovina, Republika Srpska, and Brčko District labor codes do not apply to children who are self-employed or working outside formal employment relationships. Although forced begging is a problem in the country, labor inspectors do not have jurisdiction to investigate forced begging cases, and training is needed for law enforcement and the judiciary, particularly on how to properly identify and prosecute cases involving child begging.

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Children in Bosnia and Herzegovina (BiH) perform dangerous tasks in street work.(1-6) Children also engage in the worst forms of child labor, including in commercial sexual exploitation as a result of human trafficking.(6-8) 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, 2016.(9)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Multiple Indicator Cluster Survey 3, 2006.(10)

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 begging, vending, washing car windows, and scavenging for scrap metal (1-5, 11)

Categorical Worst Forms of Child Labor‡

Forced begging and forced domestic work, each sometimes as a result of human trafficking (7, 8, 12-14)

Commercial sexual exploitation as a result of human trafficking (6, 8, 12)

Use in illicit activities, including for pickpocketing (2, 5, 12)

Use in the production of pornography (3, 6, 15)

‡ 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.(1, 2, 5, 13, 16) Organized groups sometimes traffic children to lucrative locations and force them to beg, both domestically and internationally, to regional and European Union countries.(2, 12, 14, 17) BiH lacks recent, comprehensive data on the extent and nature of child labor in the country.(5, 6, 13)

Children from the Roma community, the largest minority group in BiH, remain vulnerable to the worst forms of child labor.(1, 2, 4-8, 12, 13, 18) The Roma custom of paid and arranged marriages between families has resulted in the exploitation of some Roma girls as domestic workers.(6-8, 12) Birth registration is required to attend school in Bosnia. Some Roma children lack identity documents, which may affect their access to education.(6, 17, 19-23) Children out of school are vulnerable to the worst forms of child labor. Sources also indicate that some Roma children face discrimination by some teachers and peers; travel long distances to schools; and are unable to afford school supplies, including clothing and food.(15, 18, 22, 24) In addition, research found that discrimination against some Roma children by school administrators has led to disproportionately high enrollment rates of Roma children in schools for children with intellectual disabilities.(25)

Children with disabilities generally face barriers to accessing education, which may make them vulnerable to child labor.(6) Although the number of school programs for children with disabilities is increasing, parents of such children often receive little support from the Government and many schools are unable to provide accommodations for their disabilities.(6)

Non-state armed groups, such as the Islamic State of Iraq and Syria (ISIS), recruited adults and their children in BiH for use in armed conflict in Syria.(26, 27)

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

 

BiH is a democratic republic with a bicameral parliament. Governmental responsibility lies within the entities of the Federation of Bosnia and Herzegovina (FBiH), Republika Srpska (RS), and the self-governing Brčko District (BD).(6) The Government of BiH has established laws and regulations related to child labor, including its worst forms, at the state, entity, and district levels (Table 4). However, gaps exist in BiH’s, FBiH’s, RS’, and BD’s legal framework to adequately protect children from child labor.

Table 4. Laws and Regulations on Child Labor

Standard

Related Entity

Meets International Standards: Yes/No

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 (28)

Republika Srpska (RS)

No

15

Articles 26-27 of the Labor Law of Republika Srpska (29)

Brčko District (BD)

No

15

Article 10 of the Labor Law of Brčko District (30)

Minimum Age for Hazardous Work

FBiH

Yes

18

Article 57 of the Labor Law of the Federation of Bosnia and Herzegovina (28)

RS

Yes

18

Articles 103 and 264 of the Labor Law of Republika Srpska (29)

BD

Yes

18

Article 41 of the Labor Law of Brčko District (30)

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 (28)

RS

Yes

 

Articles 70, 72, 103, and 264 of the Labor Law of Republika Srpska (29)

BD

Yes

 

Articles 28, 41, and 111 of the Labor Law of Brčko District (30)

Prohibition of Forced Labor

Bosnia and Herzegovina (BiH)

Yes

 

Articles 185, 186, and 186a of the Criminal Code of Bosnia and Herzegovina; Article II of the Constitution of Bosnia and Herzegovina (31, 32)

FBiH

No

 

 

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (33)

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (34)

Prohibition of Child Trafficking

 BiH

Yes

 

Articles 185, 186, and 186a of the Criminal Code of Bosnia and Herzegovina (32)

FBiH

Yes

 

Articles 210a and 210b of the Criminal Code of the Federation of Bosnia and Herzegovina (35)

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (33)

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (34)

Prohibition of Commercial Sexual Exploitation of Children

BiH

Yes

 

Articles 186 and 187 of the Criminal Code of Bosnia and Herzegovina (32)

FBiH

Yes

 

Articles 210 and 211 of the Criminal Code of the Federation of Bosnia and Herzegovina (36)

RS

Yes

 

Articles 198 and 198b–200 of the Criminal Code of Republika Srpska (33)

BD

Yes

 

Articles 186 and 207–209 of the Criminal Code of Brčko District (34)

Prohibition of Using Children in Illicit Activities

BiH

No

 

Article 195 of the Criminal Code of Bosnia and Herzegovina (32)

FBiH

Yes

 

Article 219 of the Criminal Code of the Federation of Bosnia and Herzegovina (36)

RS

Yes

 

Articles 198b and 224 of the Criminal Code of Republika Srpska (33)

BD

Yes

 

Article 216 of the Criminal Code of Brčko District (34)

Minimum Age for Military Recruitment

 

 

 

 

State Compulsory

BiH, FBIH, RS, BD

N/A*

 

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (37)

State Voluntary

BiH, FBiH, RS, BD

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (37)

Non-state Compulsory

BiH
FBiH
RS
BD

No
No
No
No

 

Article 173(e) of the Criminal Code of Bosnia and Herzegovina (32)

Compulsory Education Age

FBiH

Yes

15‡

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (38)

RS

Yes

15

Article 3 of the Law on Primary Education of Republika Srpska; Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (38, 39)

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 (38, 40)

Free Public Education

FBiH/RS/BD

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (38)

* No conscription (41)
‡ Age calculated based on available information (38)

In 2016, FBiH amended its Criminal Code to add a criminal prohibition on trafficking in persons in line with international standards.(31, 35) The Criminal Codes of BiH, FBiH, RS, and BD prohibit the incitement to prostitution, forced prostitution, and turning a person over to a third party for the purpose of prostitution.

Laws related to illicit activities in BiH are not sufficient because the use, procuring, and offering of children for the production and trafficking of drugs is not criminally prohibited. Also, minimum age protections in the FBiH, RS, and BD labor codes do not apply to children who are self-employed or working outside of formal employment relationships.(28-30)Therefore, most children engaged in street work, the most common form of child labor, are not protected by the law.(1-5, 21, 28-30) In addition, BiH, FBiH, RS, and BD do not have laws that prohibit the recruitment of children by non-state armed groups and children are punished for their association with armed groups.(11, 32-34, 36) Finally, the types of hazardous work prohibited for children do not include begging, an area of work where there is evidence of associated dangers.(42-44)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5). However, gaps in labor law and criminal law enforcement remain and some enforcement information is not available.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

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

Enforce labor laws, including those on child labor, in FBiH.(5, 45, 46)

RS Ministry of Labor and Veterans Labor Inspectorate

Enforce labor laws, including those on child labor, in RS.(5, 46)

BD Administrative Support Department

Enforce labor laws, including those on child labor, in BD.(5)

Entity and Cantonal-Level Police

Enforce criminal laws against human trafficking, forced labor, prostitution, and begging.(47)

Ministry of Security

Enforce national policy to prevent the worst forms of child labor. Collect data on human trafficking.(45) Ensure that victims are placed in Government-approved shelters.(45)

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

Investigate human trafficking crimes and enforce anti-trafficking laws across the entire country (SIPA).(45, 47) Identify victims of human trafficking at the border (SBP).

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

Prosecute human trafficking, forced labor, enticement to prostitution, and forced begging cases at their respective levels, based on applicable laws.(45, 47)

 

Labor Law Enforcement

In 2016, labor law enforcement agencies in BiH took actions to combat child labor, including its worst forms (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

 

2015

2016

Labor Inspectorate Funding

FBiH/RS/BD

Unknown* (5)

Unknown (13)

Number of Labor Inspectors

FBiH

78 (5)

39 (48)

RS

36 (5)

35 (48)

BD

7 (5)

4 (48)

Inspectorate Authorized to Assess Penalties

FBiH/RS/BD

Yes (5)

Yes (13)

Training for Labor Inspectors

FBIH/RS/BD

 

 

Initial Training for New Employees

 

Unknown

No (13)

Training on New Laws Related to Child Labor

 

Unknown

No (13)

Refresher Courses Provided

 

Unknown

No (13)

Number of Labor Inspections

FBiH/RS/BD

Unknown

Unknown (13)

Number Conducted at Worksite

 

Unknown

Unknown (13)

Number Conducted by Desk Reviews

 

Unknown

Unknown (13)

Number of Child Labor Violations Found

FBiH/RS/BD

0 (5)

0 (13)

Number of Child Labor Violations for Which Penalties Were Imposed

FBiH/RS/BD

N/A

0 (13)

Number of Penalties Imposed that Were Collected

FBiH/RS/BD

N/A

0 (13)

Routine Inspections Conducted

FBiH/RS
BD

Yes (5)
Unknown

Yes (13)
Yes (13)

Routine Inspections Targeted

FBiH/RS/BD

Unknown

Yes (13)

Unannounced Inspections Permitted

FBiH/RS/BD

Yes (5)

Yes (13)

Unannounced Inspections Conducted

FBiH/RS/BD

Yes (5)

Yes (13)

Complaint Mechanism Exists

FBiH/RS/BD

No (5)

Yes (13)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

FBiH/RS/BD

No (45)

Yes (13)

* The Government does not publish this information.

In 2016, all three entity-level ministries reported that they possessed sufficient resources for inspections and labor inspectors were adequately trained through seminars and internal instruction on how to detect child labor violations.(13, 49) The labor inspectors have a quarterly plan for inspections.(48) A complaint mechanism exists in all entities. Each market inspectorate has a mechanism for receiving online complaints.(48) All three labor inspectorates are authorized to inspect any formal sector site without receiving prior approval; approximately 30 percent of these inspections conducted in 2016 were unannounced.(13) Inspectors who find violations of the child labor law are permitted to assess administrative penalties or issue fines.(5) In 2016, no violations of child labor laws were found in the entities. Forced begging is pursued by entity-level police and state-level prosecutors, although labor inspectors do not have jurisdiction to investigate such cases.(13)

Criminal Law Enforcement

In 2016, criminal law enforcement agencies in BiH took actions to combat the worst forms of child labor (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

 

2015

2016

Training for Investigators

 

 

 

Initial Training for New Employees

 BiH/FBiH/RS/BD

Yes (12)

Yes (13)

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 (50)

Yes (14)

Number of Investigations

 BiH

1 (12)

Unknown (13)

 FBiH/RS/BD

Unknown

Unknown (13)

Number of Violations Found

 BiH/FBiH/RS/BD

16 (12, 51)

10 (14)

Number of Prosecutions Initiated

 BiH

8 (12)

Unknown (13)

 FBiH/RS/BD

Unknown

Unknown (13)

Number of Convictions

BiH

1 (12)

Unknown (13)

FBiH/RS/BD

Unknown

Unknown (13)

Reciprocal Referral Mechanism Exists Between

Criminal Authorities and Social Services

BiH/FBiH/RS/BD

Yes (5)

Yes (13)

 

In 2016, in cooperation with the State Coordinator for Combating Trafficking in Persons and the entity level Judicial and Prosecutorial Centers, the OSCE provided trainings for judges and prosecutors on human trafficking for labor exploitation, processing human trafficking cases, and interviewing child trafficking victims in a sensitive manner.(14) The Government continued to train police officers, inspectors, and investigators on human trafficking at its police academies.(12, 14) The Criminal Policy Research Center and the OSCE Mission in BiH organized two multidisciplinary trainings for 85 labor inspectors on human trafficking identification.(14) However, the State Coordinator acknowledged that there was a lack of recognition of forced begging and forced labor cases.(14)

Police refer children detained for begging to appropriate social service providers. NGOs receive funding from either the Ministry of Security or the Ministry for Human Rights and Refugees to provide shelter to these children.(5) However, law enforcement personnel and prosecutors often are 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 trafficked them.(13)

Furthermore, a government official acknowledged that, although judges and prosecutors receive some basic training on human trafficking through the Agency for Education and Training, additional training is needed, particularly on how to properly prosecute cases involving child begging as a result of human trafficking.(25, 49, 52)

Although the Government has established the Department of the State Coordinator for Combating Trafficking in Persons, research found no evidence of mechanisms to coordinate its efforts to address other forms of child labor, including its worst forms (Table 8).

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 the Ministry of Security (MOS)

Coordinate 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.(12, 53) Oversee the human trafficking database, which includes data from NGOs, SIPA, SBP, and police agencies and Prosecutors’ Offices at all levels.(47) Publish data from this database in its annual report on trafficking.(12) Oversee shelter management and monitor NGOs’ compliance with the agreed-upon provisions on victims’ assistance.(47)

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

Coordinate human trafficking investigations across government agencies.(12) Convene once a month, with additional meetings scheduled as needed.(11, 12, 14, 52) Chaired by the Chief State Prosecutor, includes BiH, FBiH, RS, and BD ministries and agencies.(12, 45) In 2016, it began drafting an action plan to protect children from pornography and internet child exploitation.(14)

Inter-Ministerial Working Group

Monitor implementation of the Strategy to Counter Trafficking in Human Beings (TIP Strategy), the corresponding Action Plan, and the National Referral Mechanism.(12, 54) Comprises appointed representatives from the state and entity governments, including labor inspectors and elected representatives from NGOs.(3)

Regional Monitoring Teams

Facilitate coordination among state, entity, and cantonal-level institutions, as well as between NGOs and intergovernmental organizations.(12, 51) In 2016, implemented activities in the national TIP Strategy, Action Plan, and National Referral Mechanism.(14) Labor inspectors were incorporated into the regional monitoring teams in 2016.

Council for Children

Coordinates children’s issues among state-level agencies and institutions under the Action Plan for Children of BiH.(55, 56)

 

Research found no evidence of mechanisms to coordinate efforts to address child labor that does not involve trafficking, including its worst forms. A source also indicated the need for the Regional Monitoring Teams to increase their coordination efforts regarding the referral and protection of human trafficking victims.(12, 25)

The Government of BiH has established policies related to child labor, including its worst forms (Table 9).

Table 9. Key Policies Related to Child Labor

Policy

Description

National Action Plan to Counter Trafficking (2016–2019)

Mandates that the Government provide assistance to human trafficking victims, efficiently prosecute trafficking crimes, prevent trafficking in persons, and strengthen collaboration and coordination among stakeholders involved in combating human trafficking in BiH.(12, 57)

Action Plan for Children of BiH (2015–2018)

Designed to take a multidisciplinary approach that aims to continue improving the Government’s efforts to protect children’s rights.(58)

Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing, and Healthcare (2013–2016)

Aimed to improve the socioeconomic status and social inclusion of Roma. Joint initiative of 12 European countries.(5, 59)

Policy for the Protection of Children Deprived of Parental Care and Families at Risk of Separation in FBiH (2006–2016) and Action Plan (2013–2016)

Called for the development of social protection systems to provide sufficient protection to children without parental care and children separated from their parents.(7)

Council of Europe Action Plan for BiH (2015–2017)

Outlines a comprehensive strategy for cooperative efforts between the Government and the Council of Europe. Includes components designed to increase inclusive education and decrease discrimination against Roma.(60)

 

Although the Government of BiH has adopted the National Action Plan to Counter Trafficking and the Action Plan for Child Protection and Prevention of Violence Against Children through Information-Communications Technologies, research found no evidence of an overall policy to combat child labor or the worst forms of child labor, including commercial sexual exploitation, forced labor, or illicit activities.(3, 5, 12, 61) Research was unable to determine whether activities were undertaken to implement the Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing, and Healthcare, Policy for the Protection of Children Deprived of Parental Care and Families at Risk of Separation in FBiH, and the Council of Europe Action Plan for BiH.

Sources also have indicated that the Government has not allocated adequate financial resources for effective implementation of inclusive education initiatives.(24, 62-64)

In 2016, the Government of BiH funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Key Social Programs to Address Child Labor

Program

Description

Registration Project

UNHCR-funded project, implemented by NGO Vasa Prava, which promotes the registration of Roma people to increase their access to social benefits and schools.(12, 45, 65) Helped 1,300 Roma individuals register for citizenship and enabled 19,000 individuals to apply for social inclusion programs since its initiation in July 2009.(55, 66) In 2016, the Government confirmed the citizenship of 20 individuals.(14)

Daily Centers and Crisis Centers†

Center for Social Welfare-supported and NGO-operated day care centers in nine locations across the country for vulnerable children, especially street children.(54, 55) Provide direct assistance for children, including educational activities, counseling, food, and hygiene.(2, 19) In four locations, NGOs also maintain Crisis Centers to provide protection to children found in exploitative labor situations who need emergency access to accommodation and social services.(16) In 2016, 28 children were identified as potential trafficking victims by the centers and were provided assistance.(14)

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. In 2016, the Ministry of Human Rights and Refugees distributed $32,327 to assist domestic victims, $37,716 to assist foreign victims, and $5,500 for European Anti-Trafficking Day.(14) Services include counseling, educational assistance and job training for domestic victims, and visa and legal services for foreign victims of human trafficking.(49)

Fight Against Trafficking in Human Beings and Organized Crime—Phase 2 (2014–2017)

EU-funded project implemented by the International Center for Migration Policy Development in six countries, including BiH. Aims to build the capacity of participating governments to prevent human trafficking by providing policy, legal, and technical assistance.(67) Focuses on improving victim identification, increasing the prosecution of traffickers, and strengthening coordination among stakeholders.(67)

UNICEF Country Program (2015–2019)

UNICEF-funded program. Aims to reduce child poverty and enhance child protection and inclusive education. The Program also aims to create inclusive early education for Roma children, as well as identify gaps in access to education for Roma children and children with disabilities.(68)  

United Nations Program and Common Budgetary Framework (2015–2019)

UN funded project implemented by UN-affiliated implementing partners. Goals include inclusive education for Roma children and children with disabilities, as well as social protection for vulnerable individuals.(69)

† Program is funded by the Government of BiH.
‡ The Government had other social programs that may have included the goal of eliminating or preventing child labor, including its worst forms.(14)

Research was unable to determine whether activities were undertaken to implement the Fight Against Trafficking in Human Beings and Organized Crime – Phase 2, the UNICEF Country Program, and the United Nations Program and Common Budgetary Framework.

As labor inspectors do not have a mandate to inspect informal work on the streets, staff from Daily Centers are often the first to identify children engaged in hazardous street work. Sarajevo’s Center for Social Welfare’s Mobile Team engages in daily outreach to children on the streets and to families in vulnerable communities.(4, 14) The Mobile Team staff stated, however, that they lack sufficient resources for their work, especially reliable transportation.(2, 25) Government support for outreach to street children in areas outside of Sarajevo varies significantly. Although the majority of Daily Centers collaborate with local Centers for Social Welfare, most Daily Centers are not institutionalized and, therefore, lack consistent financial and technical support.(16, 25) This may limit the ability of Daily Centers to identify and assist children working on the streets. Although the Government provides some social services for low-income families through the Center for Social Welfare, many families do not receive enough assistance to reduce their reliance on child labor, especially begging, as a source of income.(2)

Government officials noted that, although the number of domestic human trafficking victims identified in BiH is significantly higher than the number of foreign human trafficking victims identified, government funding is disproportionately allocated to assist foreigners.(14) As a result, some organizations that provide services to victims of domestic human trafficking may lack adequate financial resources.(3, 14, 25, 56) In addition, research found that most NGOs rely exclusively on grant funding from foreign donors. Their capacities have diminished as foreign assistance to NGOs has declined, creating obstacles for continued implementation of their programs.(14)

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

Table 11. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that all children are protected by labor law, including those who work in the informal sector, such as children engaged in street work.

2015 – 2016

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 – 2016

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

2016

 Include child begging in the list of hazardous occupations prohibited for children for all entities.

2016

Enforcement

Collect and publish information on labor law enforcement efforts, including labor inspectorate funding, the training labor inspectors receive, and the number of labor inspections.

2015 – 2016

Collect and publish data on the number of child labor investigations, as well as the number of individuals prosecuted, convicted, and sentenced for crimes related to human trafficking, and commercial sexual exploitation, disaggregated by the age and sex of the victim, in FBiH, RS, and BD.

2013 – 2016

Ensure that all children identified as being engaged in child labor are referred to appropriate social services.

2013 – 2016

Increase training for law enforcement prosecutors and judges on how to properly apply criminal law in cases of child labor trafficking, forced labor, and forced begging.

2014 – 2016

Coordination

Establish coordinating mechanisms to combat child labor, including its worst forms.

2009 – 2016

Improve coordination among Regional Monitoring Teams on the referral and protection of human trafficking victims.

2016

Government Policies

Integrate child labor prevention and elimination strategies into new and existing policies.

2009 – 2016

Adopt a policy designed to address child labor and its worst forms, other than child trafficking, including commercial sexual exploitation, forced labor, and illicit activities.

2015 – 2016

Ensure that all government policies fulfill their mandate, including the Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing, and Healthcare; Policy for the Protection of Children Deprived of Parental Care and Families at Risk of Separation in FBiH; and the Council of Europe Action Plan for BiH.

2016

Expand and provide adequate funding for existing programs aimed at improving access to education for Roma children and implementing the commitments to include Roma in society by providing for basic needs.

2010 – 2016

Social Programs

Collect data on children involved in the worst forms of child labor in order to enhance policymakers’ ability to identify problems more accurately and to address them more effectively.

2009 – 2016

Promote inclusive education for minority children, including Roma, by expanding efforts to reduce discrimination in schools, mitigate the costs associated with education, and assist Roma and other families at risk of statelessness to register for citizenship documentation that entitles their children to access school.

2011 – 2016

Ensure inclusive education for children with disabilities by ensuring that schools have adequate resources to provide the necessary accommodations for them.

2015 – 2016

Ensure that all social programs fulfill their mandate, including the Fight Against Trafficking in Human Beings and Organized Crime – Phase 2; the UNICEF Country Program; and the United Nations Program and Common Budgetary Framework.

2016

Institutionalize and provide sufficient funding for Daily Centers to ensure that they have the resources and technical support necessary to assist children involved in child labor and those who are at risk of involvement.

2014 – 2016

Strengthen social protection programs that provide support to economically vulnerable families in order to reduce their reliance on child labor.

2014 – 2016

Ensure that resources for human trafficking victims are sufficient to meet the needs of domestic victims.

2014 – 2016

Increase funding for programs that provide social services, including housing, for child trafficking victims.

2015 – 2016

 

1.            UN Committee on the Rights of the Child. Implementation of the Convention on the Rights of the Child: List of issues concerning additional and updated information related to the second, third and fourth combined periodic report of Bosnia and Herzegovina (CRC/C/BIH/2-4). Geneva; July 13, 2012. http://www2.ohchr.org/english/bodies/crc/docs/CRC.C.BIH.Q.2-4.Add.1.pdf.

2.            Center for Social Welfare officials. Interview with USDOL official. April 23, 2015.

3.            Department of the State Coordinator for Combatting Trafficking in Persons official. Interview with USDOL official. April 23, 2015.

4.            Save the Children. Report on Conducted Action Research: Young Roma in Action. Sarajevo; March 2014. https://nwb.savethechildren.net/news/lyra-%E2%80%93-young-roma-action.

5.            U.S. Embassy- Sarajevo. reporting, January 28, 2016.

6.            U.S. Department of State. "Bosnia and Herzegovina," in Country Reports on Human Rights Practices- 2016. Washington, DC; March 3, 2017; https://www.state.gov/documents/organization/265614.pdf.

7.            UN Committee on the Rights of the Child. Concluding observations on the consolidated second to fourth periodic reports of Bosnia and Herzegovina, adopted by the Committee at its sixty-first session (17 September–5 October 2012). Geneva November 29, 2012. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/BIH/CO/2-4&Lang=En.

8.            U.S. Department of State. "Bosnia and Herzegovina," in Trafficking in Persons Report- 2017. Washington, DC; July 27, 2017; https://www.state.gov/j/tip/rls/tiprpt/countries/2017/271150.htm.

9.            UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed December 16, 2016; http://data.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary education. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary education. A high ratio indicates a high degree of current primary education completion. The calculation includes all new entrants to last grade (regardless of age). Therefore, the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

10.         UCW. 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 December 15, 2016. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

11.         Ministry of Security official. Interview with USDOL official. May 16, 2017.

12.         U.S. Embassy- Sarajevo. reporting, February 1, 2016.

13.         U.S. Embassy- Sarajevo. reporting, January 13, 2017.

14.         U.S. Embassy- Sarajevo. reporting, February 8, 2017.

15.         NGO Roundtable on the Worst Forms of Child Labor. Travel notes from USDOL official. April 24, 2015.

16.         Save the Children officials. Interview with USDOL official. April 24, 2015.

17.         European Commission. Commission Staff Working Document: Bosnia and Herzegovina 2013 Progress Report, Accompanying the Document, "Communication From the Commission to the European Parliament and the Council, Enlargement Strategy and Main Challenges 2013–2014". Brussels; October 16, 2013. http://ec.europa.eu/enlargement/pdf/key_documents/2013/package/ba_rapport_2013.pdf.

18.         Kali Sara-Roma Information Center official. Interview with USDOL official. May 17, 2017.

19.         ILO Committee of Experts. Individual Direct Request Concerning Worst Forms of Child Labour Convention, 1999 (No.182) Bosnia and Herzegovina (ratification: 2001) Submitted: 2014 accessed January 11, 2013; http://ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3183490.

20.         UN Committee on Economic, Social and Cultural Rights. Concluding observations on the second periodic report of Bosnia and Herzegovina. Geneva; December 16, 2013. Report No. E/C.12/BIG/CO/2. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E/C.12/BIH/CO/2&Lang=En.

21.         U.S. Department of State. "Bosnia and Herzegovina," in Country Reports on Human Rights Practices- 2014. Washington, DC; June 25, 2015; http://www.state.gov/documents/organization/236718.pdf.

22.         UNICEF. Realizing the rights of Roma children and women in Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, and Serbia. Geneva; 2014. http://www.unicef.org/serbia/Realizing_the_rights_of_Roma_Children_and_women.pdf.

23.         Council of Europe. Advisory Committee on the Framework Convention for the Protection of National Minorities: Third Opinion on Bosnia and Herzegovina. Strasbourg; April 7, 2014. http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_BiH_en.pdf.

24.         Kali Sara-Roma Information Center official. Interview with USDOL official. April 27, 2015.

25.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 22, 2017.

26.         Azinovic, V. The New Lure of the Syrian War–The Foreign Fighters' Bosnian Contingent. Sarajevo, Atlantic Initiative 2016. http://www.atlanticinitiative.org/project-activities-nato-debates/497-the-new-lure-of-the-syrian-war-the-foreign-fighters-bosnian-contingent,-atlantic-initiative,-sarajevo-2016.html.

27.         From BiH 70 children taken to Syria, jutarnji.hr, [online] February 9, 2016 [cited October 17, 2016]; http://www.jutarnji.hr/vijesti/svijet/iz-bih-u-siriju-odvedeno-70-djece/97555/.

28.         Government of Bosnia and Herzegovina. Labor Law of the Federation of Bosnia and Herzegovina, enacted 2003. https://advokat-prnjavorac.com/legislation/Labour-Law-FBiH-2015.pdf.

29.         Government of Bosnia and Herzegovina. Labor Law of Republika Srpska, enacted 2003. http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=102220&p_country=BIH&p_classification=01.02.

30.         Government of Bosnia and Herzegovina. Labor Law of Brčko District, Articles 10, 28, and 41, enacted 2005. [Source on file].

31.         Government of Bosnia and Herzegovina. Constitution of Bosnia and Herzegovina, enacted 1995. http://www.ccbh.ba/public/down/USTAV_BOSNE_I_HERCEGOVINE_engl.pdf.

32.         Government of Bosnia and Herzegovina. Criminal Code of Bosnia and Herzegovina, enacted 2003. https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_BiH.pdf.

33.         Government of Bosnia and Herzegovina. Criminal Code of Republika Srpska, enacted 2003. https://www.unodc.org/cld/document/bih/2003/criminal_code_of_republika_srpska_as_of_2013.html.

34.         Government of Bosnia and Herzegovina. Criminal Code of Brčko District, enacted May 28, 2003. http://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/005%20-%20Criminal%20Code%2C%20Criminal%20Procedure%20Codes%20and%20Criminal%20Sanctions/Criminal%20Codes/BDBH/BD%20Criminal%20Code%2010-03.pdf.

35.         Government of Bosnia and Herzegovina. Criminal Code of the Federation of Bosnia and Herzegovina, as amended (Official Gazette of the Federation of BiH, 46/16), enacted May 18, 2015. http://www.tuzilastvobih.gov.ba/files/docs/Krivicni_zakon_F_BiH_izmjene_i_dopune_46_16__bos.pdf.

36.         Government of Bosnia and Herzegovina. Criminal Code of the Federation of Bosnia and Herzegovina, enacted August 1, 2003. https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_FBiH.pdf.

37.         Government of Bosnia and Herzegovina. Law on Service in the Armed Forces in Bosnia and Herzegovina, enacted 2005. [Source on file].

38.         Government of Bosnia and Herzegovina. Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, No. 18/03, enacted 2003. http://www.erisee.org/downloads/library_bih/Framework%20Law%20on%20Primary%20and%20Secondary%20Educ_engl.pdf.

39.         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.

40.         Government of Bosnia and Herzegovina. Law on Education in Primary and Secondary Schools in Brčko District, enacted March 27, 2008. http://www.skolegijum.ba/static/biblioteka/5460f92ae399d_09ZakonoobrazovanjuuosnovnimisrednjimskolamauBrckoDistriktu.pdf.

41.         Child Soldiers International. "Appendix II: Data Summary on Recruitment Ages of National Armies," in Louder than words: An agenda for action to end state use of child soldiers. London; September 2012; https://www.child-soldiers.org/shop/louder-than-words-1.

42.         Federation Prosecutor and Anti-Trafficking Strike Force official. Interview with USDOL official. May 17, 2017.

43.         Center for Social Welfare officials. Interview with USDOL official. May 20, 2017.

44.         Save the Children official. Interview with USDOL official. May 17, 2017.

45.         U.S. Embassy- Sarajevo. reporting, December 22, 2014.

46.         International Labor Organization. Bosnia and Herzegovina- Labour Inspection Structure and Organization, ILO, [online] March 4, 2013 [cited November 7, 2014]; http://www.ilo.org/labadmin/info/WCMS_209351/lang--en/index.htm.

47.         U.S. Embassy- Sarajevo. reporting, February 13, 2014.

48.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. April 6, 2017.

49.         U.S. Embassy- Sarajevo. reporting, February 17, 2015.

50.         UNODC. "UNODC holds a workshop on analysing concrete cases of trafficking in children in Bosnia and Herzegovina." unodc.org [online] 2015 [cited November 6, 2015]; http://www.unodc.org/southeasterneurope/.

51.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. June 23, 2016.

52.         Federation Prosecutor and Anti-Trafficking Strike Force official. Interview with USDOL official. April 27, 2015.

53.         U.S. Embassy- Sarajevo. reporting, January 14, 2014.

54.         U.S. Department of State official. E-mail communication to USDOL official. May 9, 2014.

55.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. March 27, 2014.

56.         Ministry of Human Rights and Refugees official. Interview with USDOL official. April 27, 2015.

57.         Government of Bosnia and Herzegovina. National Action Plan to Counter Trafficking (2016–2019); December 30, 2015. http://msb.gov.ba/PDF/AKCIONI_PLAN_2016-2019_30_12_2015.pdf.

58.         Government of Bosnia and Herzegovina, Council of Ministers. Action Plan for Children of Bosnia and Hezegovina 2015–2018; June 2015. http://www.unicef.org/bih/akcijski_plan_za_djecu_EN-web.pdf.

59.         Government of Bosnia and Herzegovina. Amended Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing, and Health Care, Ministry for Human Rights and Refugees; 2013. http://www.mhrr.gov.ba/PDF/LjudskaPrava/hrv-rom-eng.pdf.

60.         Council of Europe. Action Plan for Bosnia and Herzegovina 2015–2017; February 17, 2015. https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016802eee4d.

61.         Government of Bosnia and Herzegovina. Action Plan for child protection and prevention of violence against children through information-communications technologies in Bosnia and Herzegovina, enacted 2014–2015. http://msb.gov.ba/PDF/140605_Nasilje_engleski_SG_ver2.pdf.

62.         Kali Sara-Roma Information Center. Report on the implementation of the Bosnia and Herzegovina Action Plan for addressing issues faced by the Roma in the fields of employment, housing, and healthcare, Decade of Roma inclusion 2005-2015. Sarajevo; February 13, 2013. [Source on file].

63.         Decade of Roma Inclusion Secretariat Foundation. Bosnia and Herzegovina 2013 Progress Report. Budapest; 2013. [Source on file].

64.         Tihomir Kneizicek, Nedzad Jusic, Boris Pupic, and Anamarija Mirascic. Civil Society Monitoring on the Implementation of the National Roma Integration Strategy and Decade Action Plan in Bosnia and Herzegovnia in 2012 and 2013.Decade of Roma Inclusion Secretariat Foundation; 2014. [Source on file].

65.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. March 3, 2013.

66.         U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. March 5, 2015.

67.         International Center for Migration Policy Development. Fight Against Trafficking in Human Beings–Phase 2, ICMPD, [online] [cited May 6, 2015]; http://www.icmpd.org/Ongoing-Projects.1636.0.html.

68.         UNICEF Bosnia and Herzegovina. UNICEF Bosnia and Herzegovina: Country Program 2015–2019; 2015. https://www.unicef.org/bih/GeneralFS-web.pdf.

69.         UNDAF. One United Nations Programme and Common Budgetary Framework, Bosnia and Herzegovina 2015–2019. New York City; March 2016. http://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/News/BiH%20One%20Programme%202015-2019%20-%20FINAL%20ENG%20Apr%202015.pdf.

 

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