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

Child Labor and Forced Labor Reports

Bosnia and Herzegovina

2014 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2014, Bosnia and Herzegovina (BiH) made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government strengthened human trafficking victim identification efforts, tripling the number of victims identified from the previous year. In addition to allocating $1.8 million for implementation of the Decade of Roma Inclusion Action Plan, the Ministry of Human Rights and Refugees (MHRR) also continued collaborating with NGOs on a project aimed at registering Romani people for citizenship. However, children in BiH are engaged in the worst forms of child labor, including in begging and commercial sexual exploitation, each as a result of human trafficking. The Government does not have a comprehensive list of hazardous occupations and activities prohibited for children. Additionally, the Federation of Bosnia and Herzegovina (FBiH) Government has yet to pass an anti-human trafficking amendment that would harmonize its criminal code with state-level legislation and ensure the prohibition of all forms of human trafficking across the entire country.

 

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Children in Bosnia and Herzegovina (BiH) are engaged in the worst forms of child labor, including in begging and commercial sexual exploitation, each as a result of human trafficking.(1, 2) 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

Working children, ages 5 to 14 (% and population):

8.9 (44,017)

School attendance, ages 5 to 14 (%):

83.7

Children combining work and school, ages 7 to 14 (%):

10.6

Primary completion rate (%):

Unavailable

Primary completion rate was unavailable from UNESCO Institute for Statistics, 2015.(3
Source for all other data: Understanding Children's Work Project's analysis of statistics from Multiple Indicator Cluster Survey 3, 2006.(4)

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* (5-9)

Categorical Worst Forms of Child Labor‡

Forced begging and forced domestic work, each sometimes as a result of human trafficking (1, 2, 10-12)

Commercial sexual exploitation as a result of human trafficking (1, 12, 13)

Used for pickpocketing* (6, 7)

Used in the production of pornography* (8, 14, 15)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children in Bosnia and Herzegovina (BiH) are predominantly involved in begging on the streets, often at busy intersections or near tourist attractions and religious institutions. Children are sometimes used by their parents or guardians to beg.(5, 7, 16) Organized groups also exist that traffic groups of children to lucrative locations and force them to beg.(1, 7, 17) Evidence suggests that children from the Roma community, the largest minority group in BiH, are particularly vulnerable to involvement in the worst forms of child labor.(5-7, 9) The Roma custom of paid and arranged marriages between families has resulted in the exploitation of some Roma girls as domestic workers.(2, 11, 12) BiH lacks recent, comprehensive data on the extent and nature of the worst forms of child labor in the country.(5)

Many Roma children are not enrolled in school, which increases their vulnerability to involvement in the worst forms of child labor.(10, 17, 18) Sources indicate that obstacles to accessing education include discrimination by teachers and peers, long traveling distance to schools, and inability to afford appropriate clothing and food to eat during school hours.(15, 19-21) Although the Government of BiH, in collaboration with the UN Refugee Agency (UNHCR) and local NGO Vasa Prava, has made significant efforts to register undocumented individuals for citizenship. The UNHCR estimates that there are still approximately 100 people at risk of statelessness in the country.(13) Children who lack identity documents may face barriers to accessing public education.(17, 20, 22)

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Bosnia and Herzegovina (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

The State of Bosnia and Herzegovina (BiH) consists of two entities — the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS) — and the self-governing Brčko District (BD).(23) Criminal laws at the state, entity, and district levels regulate issues related to the worst forms of child labor. The entities and the district are responsible for regulating labor issues.(24) The State of BiH has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Related Entity

Yes/No

Age

Related Legislation

Minimum Age for Work

Federation of Bosnia and Herzegovina (FBiH)

Yes

15

Article 15 of the Labor Law of the Federation of Bosnia and Herzegovina (25)

Republika Srpska (RS)

Yes

15

Article 14 of the Labor Law of Republika Srpska (26)

Brčko District (BD)

Yes

15

Article 10 of the Labor Law of Brčko District (27)

Minimum Age for Hazardous Work

FBiH

Yes

18

Article 51 of the Labor Law of the Federation of Bosnia and Herzegovina (25)

RS

Yes

18

Article 69 of the Labor Law of Republika Srpska (26)

BD

Yes

18

Article 41 of the Labor Law of Brčko District (27)

Prohibition of Hazardous Occupations or Activities for Children

FBiH

Yes

 

Articles 36, 51, and 140 of the Labor Law of the Federation of Bosnia and Herzegovina (25)

RS

Yes

 

Articles 42, 45 — 46, 69, and 150 of the Labor Law of Republika Srpska (26)

BD

Yes

 

Articles 28, 41, and 111 of the Labor Law of Brčko District (27)

Prohibition of Forced Labor

FBiH

Yes

 

Article II of the Constitution of Bosnia and Herzegovina (24)

RS

Yes

 

Article II of the Constitution of Bosnia and Herzegovina (24)

BD

Yes

 

Article II of the Constitution of Bosnia and Herzegovina (24)

Prohibition of Child Trafficking

Bosnia and Herzegovina (BiH)

Yes

 

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

FBiH

No

 

 

RS

Yes

 

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

BD

Yes

 

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

Prohibition of Commercial Sexual Exploitation of Children

BiH

Yes

 

Article 187 of the Criminal Code of Bosnia and Herzegovina (28)

FBiH

Yes

 

Articles 210 — 211 of the Criminal Code of the Federation of Bosnia and Herzegovina (31)

RS

Yes

 

Articles 198 — 200 of the Criminal Code of Republika Srpska (32)

BD

Yes

 

Articles 186 and 207 — 209 of the Criminal Code of Brčko District (33)

Prohibition of Using Children in Illicit Activities

BiH

Yes

 

 

FBiH

Yes

 

Article 219 of the Criminal Code of the Federation of Bosnia and Herzegovina (31)

RS

Yes

 

Articles 198b and 224 of the Criminal Code of Republika Srpska (29, 32)

BD

Yes

 

Article 216 of the Criminal Code of Brčko District (33)

Minimum Age for Compulsory Military Recruitment

BiH

N/A*

 

 

FBiH

N/A*

 

 

RS

N/A*

 

 

BD

N/A*

 

 

Minimum Age for Voluntary Military Service

BiH

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (34, 35)

FBiH

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (34, 35)

RS

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (34, 35)

BD

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (34, 35)

Compulsory Education Age

FBiH

Yes

15

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

RS

Yes

15

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

BD

Yes

15

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

Free Public Education

FBiH

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

RS

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

BD

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (36)

* No conscription (35)

The entities of Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) and the Brčko District (BD) all prohibit the employment of minors in activities that may be harmful to their health and moral development, including work underwater, underground, and at night, with certain exceptions.(25-27) However, neither of the entities nor BD have enacted legislation that defines the types of hazardous occupations and activities prohibited for children in a manner that is comprehensive and specific enough to facilitate effective implementation of penalties for hazardous work violations and the removal of children from these situations.

BiH law prohibits both domestic and international trafficking in persons. However, the Governments of BiH, the entities, and BD agreed in 2011 that BiH law would be used in cases of international human trafficking, but that entity and BD laws should be adopted to cover domestic human trafficking.(28, 37) In the previous reporting period, both RS and BD adopted amendments to their Criminal Codes to prohibit all forms of human trafficking, thereby harmonizing RS and BD laws with BiH law. However, in 2014, FBiH parliament rejected a law that would criminalize human trafficking and bring the FBiH legal framework into accord with the others.(12) As a result, BiH lacks fully harmonized subnational and state laws that clearly and comprehensively prohibit trafficking in persons at all levels.(10, 12)

The Criminal Codes of BiH, FBiH, RS, and BD prohibit the commercial sexual exploitation of children through legal provisions that forbid incitement to prostitution, forced prostitution, and turning a person over to a third party for the purpose of prostitution. Despite these protections, the FBiH Law on Public Peace and Order considers prostitution a misdemeanor, which may result in minors engaged in commercial sexual exploitation being charged with a crime.(38, 39) The anti-trafficking amendment to the Criminal Code of BD penalizes the use of services provided by a child trafficked for the purpose of commercial sexual exploitation, and the amended Criminal Code of RS penalizes the same offense if the perpetrator is aware that the child is a victim of human trafficking. Currently, the Criminal Code of FBiH lacks similar provisions.(28, 29, 31-33)

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The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

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

Enforce labor laws, including those on child labor, in FBiH.(12, 40)

RS Ministry of Labor and Veterans' Labor Inspectorate

Enforce labor laws, including those on child labor, in RS.(12, 40)

BD Administrative Support Department

Enforce labor laws, including those on child labor, in BD.(12)

Entity and Cantonal-Level Police

Enforce criminal laws against trafficking, forced labor, prostitution, and begging.(37)

Ministry of Security (MoS)

Enforce national policy to prevent the worst forms of child labor. Collect data on human trafficking.(12) Ensure that victims are placed in government-approved shelters.(12)

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).(12, 37, 38) Identify trafficking victims at the border (SBP).(38)

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

Prosecute trafficking, forced labor, prostitution, and begging cases at their respective levels, based on applicable laws.(12, 37, 38)

Law enforcement agencies in Bosnia and Herzegovina (BiH) took actions to combat child labor, including its worst forms.

Labor Law Enforcement

There are approximately 113 inspectors across the Federation of Bosnia and Herzegovina (FBiH), Republika Srpska (RS), and Brčko District (BD).(41) Officials in RS and BD indicated that these numbers are adequate and that the inspectorates have sufficient resources to carry out inspections. The FBiH Government noted that while resources are sufficient at the federation level, cantonal-level inspectorates lack financial and human resources.(12, 42) In 2014, labor inspectors did not receive training on general child labor issues, but did participate in anti-human trafficking training sessions initiated by the State Coordinator for Combatting Trafficking in Persons.(12)

All three labor inspectorates have the authority to visit any formal sector inspection site without prior supervisory approval, and typically 30 percent of these inspections are unannounced.(12) Inspectorates carry out both routine and complaint-driven visits.(40) If the inspectorates discover violations of child labor law, they have the power to assess administrative penalties or issue fines up to $623 (1,000 Bosnia-Herzegovina KM).(12) Authorities confirmed that they did not find any cases of child labor in 2014, but noted that the labor inspectorate does not have the authority to inspect the informal sector, including the street, where most child labor is known to occur.(42) Consequently, no penalties or citations were issued.(12)

During the reporting period, Centers for Social Welfare located throughout the country made efforts to identify children working on the street and to provide them with social services. In Sarajevo, an institutionalized Mobile Team, with a staff of three individuals, engaged in daily outreach to children on the streets and to families in vulnerable communities. Additionally, in December 2014, the State Coordinator finalized a process to incorporate labor inspectors into the National Referral Mechanism for victims of human trafficking.(13) In cases in which a child is engaged in exploitative labor that is not as a result of human trafficking, the Government lacks a specific referral mechanism between agencies responsible for labor law enforcement and the Center for Social Welfare.(12)

Criminal Law Enforcement

In 2014, police and prosecutors at various levels of the Government were responsible for investigating human trafficking crimes and compiling information about them through the multiagency Strike Force for Combatting Trafficking in Persons and Organized Illegal Migration (Anti-Trafficking Strike Force).(12) Approximately 60 investigators, police inspectors, prosecutors, and judges received some training on child labor trafficking through two workshops organized by the U.S. Embassy's Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), with assistance from the Department of the State Coordinator for Combating Trafficking in Persons (State Coordinator).(12, 13) During the reporting period, the State Coordinator worked to institutionalize basic courses on preventing and combating human trafficking into the training regime at all three of the country's police academies.(13) A government official acknowledged that while judges and prosecutors receive some basic training on human trafficking through the Agency for Education and Training, more training is needed, especially regarding how to properly prosecute cases involving child begging as a result of human trafficking.(13, 43)

Criminal investigations and prosecutions of human trafficking cases were carried out at both the subnational and national levels. In BD, the Prosecutor's Office investigated one potential human trafficking violation involving six suspects, but information is not available on the outcome of the investigation.(12) RS law enforcement also investigated one case of child trafficking, which resulted in the conviction and sentencing of an individual under entity-level law.(12) Although FBiH law does not include anti-trafficking provisions, eight suspects were brought before the court under charges of Enticement to Prostitution. Of the eight, the court acquitted two, convicted two with suspended sentences, and convicted and sentenced four to prison terms of 1 to 2 years.(12) At the national level, state law enforcement officials and the State Prosecutor's Office filed a total of nine criminal reports against 14 trafficking-in-persons suspects, but none of the alleged perpetrators were convicted during the reporting period.(12) The Government acknowledged that it does not collect and publish data indicating which of these crimes involved children.(43)

The Government made a significant improvement in victim identification during the reporting period, reporting 37 child trafficking victims in 2014 as opposed to 9 in 2013.(41) Of the total child trafficking victims identified, 24 girls were subject to commercial sexual exploitation, forced marriage, or forced begging. All the male child victims identified were engaged in forced begging.(12, 41) Through the National Referral Mechanism, these child victims were referred to government-funded shelters and assistance programs.(12, 37) The National Referral Mechanism is monitored by four multidisciplinary regional monitoring teams in Banja Luka, Mostar, Sarajevo, and Tuzla, which are responsible for ensuring quality victim protection.(8, 12) In December 2014, the State Coordinator finalized a process to incorporate labor inspectors into the National Referral Mechanism.(13) However, it is also not clear what impact this will have on assisting child victims of labor exploitation, as child labor occurs almost exclusively in the informal sector, which is outside their inspection mandate.

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Although the Government has established the Department of the State Coordinator for Combatting Trafficking in Persons, research found no evidence of mechanisms to coordinate its efforts to address child labor, including all its worst forms (Table 6).

Table 6. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Department of the State Coordinator for Combatting Trafficking in Persons within the Ministry of Security (MOS)

Coordinate human trafficking victim protection efforts among relevant ministries at the entity level, as well as prosecutors at the state, entity, and local levels.(6, 38) Oversee the trafficking in persons database, which includes data from NGOs, the State Investigative and Protection Agency (SIPA), the State Border Police (SBP), and police agencies and Prosecutors' Offices at all levels.(37) Oversee shelter management and monitor NGOs' compliance with the agreed-upon provisions on victims' assistance.(37)

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

Coordinate human trafficking investigations across government agencies.(13) Convene once a month, with additional meetings scheduled as needed.(43) Chaired by the Chief State Prosecutor and includes the following agencies: BiH Prosecutor's Office, State Coordinator for Combating Trafficking in Persons, Federation Prosecutor's Office, RS Prosecutor's Office, BD Prosecutor's Office, Federation Ministry of Interior, RS Ministry of Interior, SIPA, BD Police, SBP, and Federation and RS Tax Administrations.(12)

Inter-Ministerial Working Group (Monitoring Team)

Monitor implementation of the Strategy to Counter Trafficking in Human Beings and the Action Plan.(38) Comprises appointed representatives from the state and entity governments, as well as elected representatives from NGOs active in anti-human trafficking.(8)

In an effort to improve in interagency coordination on combating trafficking in persons, in 2014, the Anti-Trafficking Strike Force adopted a rulebook and work plan for 2015 — 2017. The goals of the work plan include raising awareness on human trafficking, and increasing cooperation among internal government agencies and with the governments of neighboring countries.(13)

The Government of BiH also maintains the Council for Children, which is responsible for coordinating children's issues among state-level agencies and institutions under the Action Plan for Children of Bosnia and Herzegovina. Although the Council may address issues related to the worst forms of child labor, research did not find evidence that it functions as a mechanism to specifically coordinate efforts to prevent and eliminate child labor in BiH.(44, 45)

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The Government of Bosnia and Herzegovina (BiH) has established policies related to child labor, including its worst forms (Table7).

Table 7. Policies Related to Child Labor

Policy

Description

Decade of Roma Inclusion (2005–2015) and Action Plan (2013–2016)*

Aims to improve the socioeconomic status and social inclusion of Roma. Joint initiative of 12 European countries, with BiH serving its rotation as Decade President in 2014.(6, 19, 37) In 2014, the Government allocated $1.75 million to implement activities set forth in its revised Decade Action Plan for 2013-2016, including housing, education, employment, and health care initiatives for Roma.(37, 38, 46)

Action Plan for Children of Bosnia and Herzegovina (2011–2014)*

Seeks to enhance institutional capacity, cross-sectoral cooperation, and coordination at all government levels to create favorable conditions for children and families, as well as to promote social inclusion of children and their general well-being.(2, 5)

Strategy to Counter Trafficking in Human Beings and Action Plan (2013–2015)

Focuses on comprehensive support, prevention, victim protection and assistance, criminal prosecution, and international cooperation. Follows international standards set by the Council of Europe Convention on Actions Against Trafficking in Human Beings and the Palermo Protocol on Trafficking in Persons.(38, 47) Implemented and monitored by a team of representatives from the Ministry of Security, Ministry of Justice, Ministry for Human Rights and Refugees, Ministry of Civil Affairs, High Judicial and Prosecutorial Council, and NGOs.(6, 37)

Action Plan for Child Protection and Prevention of Violence against Children hrough Information-Communications Technologies (2014–2015)†

Aims to develop efficient mechanisms to protect children from exploitation in child pornography and other forms of sexual exploitation through information and communications technology.(13) Includes 40 activities in the categories of legislation, institutional capacities and cooperation, and prevention.(48) Developed as part of BiH's commitments under the Global Alliance Against Child Sexual Abuse Online initiative.(8)

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)*

Calls for the development of social protection systems to provide sufficient protection to children without parental care and children separated from their parents.(2)

* Child labor elimination and prevention strategiesdo not appear to have been integrated into this policy.
† Policy was approved during the reporting period.

Although some progress has been made toward improving conditions for the Roma population through the Decade of Roma Inclusion, sources indicate that the Government has not allocated adequate financial resources for effective implementation of inclusive education initiatives.(21, 49-51)

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In 2014, the Government of Bosnia and Herzegovina (BiH) funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms. The Government has other programs that may have an impact on child labor, including its worst forms (Table 8).

Table 8. Social Programs to Address Child Labor

Program

Description

Ministry of Human Rights and Refugees (MHRR) Funding*‡

$2.1 million Roma assistance project funded by the Ministry of Human Rights and Refugees (MHRR) and various donors and implemented by MHRR and 23 NGOs.(6) Aims to address issues related to housing, health care, and employment for Roma people.(41)

Registration Project*

UN Refugee Agency-funded project implemented by MHRR and NGO Vasa Prava that promotes registration of Roma people to increase their access to social benefits and to enable Roma children to enroll in schools.(12, 52) Since its initiation in July 2009, has helped 1,300 Roma individuals to register for citizenship and has enabled 19,000 individuals to apply for social inclusion programs.(41, 44)

Daily Centers and Crisis Centers‡

Center for Social Welfare-supported and NGO-operated long- and short-term day care centers for vulnerable children, especially those who live or work on the street.(38, 44) Provide direct assistance for children, including educational activities, counseling, food, and hygiene.(7, 18) Daily Centers operate in nine locations across the country. 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 2014, the Sarajevo Daily Center assisted 178 at-risk children and 21 potential child trafficking victims.(7, 41)

Enhancing the Social Protection and Inclusion System for Children in BiH (2008–2015)‡

EU-funded program implemented by UNICEF, government ministries, and NGOs, that seeks to improve social protection systems at all levels of Government, strengthen the capacity of government agencies to provide for social protection and inclusion of children, and enhance coordination and communication between providers of social services and the responsible authorities at the local level.(53)

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 2014, MHRR distributed $34,000 (60,000 KM) to assist domestic victims, while the Ministry of Security (MOS) distributed $68,000 (120,000 KM) to assist foreign victims.(13) Services include counseling, educational assistance, and job training for domestic victims, as well as visa provision and legal services for foreign victims of human trafficking.(13) In 2014, 14 potential child trafficking victims accessed services in shelters.(41)

Implementation of the Strategy to Counter Trafficking in Human Beings (2013–2015)‡

$409,630 USAID and Government-funded project to implement the new Strategy to Counter Trafficking in Human Beings. Activities include conducting research to estimate the extent of trafficking in the country, strengthening the capacity of institutions to investigate and prosecute cases of human trafficking and to assist victims, and raising public awareness of human trafficking issues within the framework of the Strategy.(37, 54) In 2014, the State Coordinator signed an agreement with USAID to receive $285,000 for the Strategy's implementation.(13)

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 transnational organized crime, particularly trafficking in persons, by providing policy, legal, and technical assistance.(55) Focuses on improving victim identification, increasing prosecution of traffickers, and strengthening coordination among EU and non-EU stakeholders.(55)

* The impact of this program on child labor does not appear to have been studied.
† Program was launched during the reporting period.
‡ Program is funded by the Government of BiH.

As labor inspectors do not have a mandate to inspect the streets, staff from Daily Centers are often the first to identify children engaged in hazardous street work. In Sarajevo, an institutionalized Mobile Team with a staff of 3 individuals engages in daily outreach to children on the streets and to families in vulnerable communities.(9) However, Mobile Team staff stated that they lack sufficient resources for their work, especially in terms of reliable transportation.(7) Government support for outreach to street children in areas outside of Sarajevo varies significantly depending on the location. While the majority of Daily Centers collaborate with local Centers for Social Welfare, most Daily Centers are not institutionalized, and therefore lack consistent government financial and technical support.(16) This may limit the ability of Daily Centers to identify and assist children working on the streets. Research also found that 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.(7)

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 assisting foreigners. As a result, some organizations providing services to victims of domestic trafficking may lack adequate financial resources.(8, 45)

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Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Bosnia and Herzegovina (Table 9).

Table 9. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that laws exist in all entities that clearly and comprehensively describe the hazardous occupations and activities prohibited for children.

2009–2014

Adopt the proposed amendment to harmonize the State and Federation of Bosnia and Herzegovina criminal laws to explicitly prohibit all forms of human trafficking.

2011–2014

Ensure that children engaged in commercial sexual exploitation are treated as victims rather than criminals under FBiH law.

2013–2014

Ensure that FBiH law penalizes the use of services provided by a child victim of commercial sexual exploitation.

2013–2014

Enforcement

Increase the number of labor inspectors responsible for enforcing laws related to child labor at the FBiH cantonal-level and increase funding for cantonal-level inspectorates in order to provide adequate coverage of the workforce.

2014

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

2013–2014

Increase training for prosecutors and judges on how to properly apply criminal law in cases of child labor trafficking to ensure protection of the child victim and sanctioning of the perpetrator.

2014

Collect and publish data on the number of individuals prosecuted, convicted, and sentenced for crimes related to human trafficking and commercial sexual exploitation, disaggregated by age and sex of the victim.

2013–2014

Coordination

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

2009–2014

Government Policies

Integrate child labor prevention and elimination strategies into existing policies.

2010–2014

Provide sufficient funding to address commitments under the Decade of Roma Inclusion, especially initiatives that support access to education for Roma children.

2014

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.

2009–2014

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

2011–2014

Assess the impact that existing programs have on child labor.

2013–2014

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

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

2014

Ensure that funding for the assistance of human trafficking victims is distributed to more adequately meet the needs of domestic victims.

2014

 

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1.U. S. Department of State. "Bosnia and Herzegovina," in Trafficking in Persons Report- 2014. Washington, DC; June 20, 2014;.

2.UN Committee on the Rights of the Child Concluding observations on the consolidated second to fourth periodic reports of Bosnia and Herzegovina, adopted by theCommittee at its sixty-first session (17 September — 5 October 2012). Geneva November 29, 2012.

3.UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed January 16, 2015];. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

4.UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from MICS 3, 2006. Analysis received January 16, 2015. 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 on sources used, the definition of working children and other indicators used in this report, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

5.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.

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

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

8.Department of the State Coordinator for Combatting Trafficking in Persons official. Interview with USDOL official. April 24, 2015.

9.Save the Children. Report on Conducted Action Research: Young Roma in Action. Sarajevo; March 2014.

10.U.S. Department of State. "Bosnia and Herzegovina," in Country Reports on Human Rights Practices- 2013. Washington, DC; February 27, 2014;.

11.Rights for All. Report On Domestic Violence Against Roma Women In Bosnia and Herzegovina. Sarajevo; 2010. http://www.rightsforall.ba/publikacije-bs.html.

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

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

14.USA Today. "Bosnian police seize 2 million child porn photos." USA Today, McLean, VA, March 21, 2011; World.

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.

18.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;.

19.Council of Europe. Report by Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, Following his visit to Bosnia and Herzegovina on 27-30 November 2010, Council of Europe, [online] March 29, 2011 [cited April 29, 2014];.

20.UNICEF. Realizing the rights of Roma children and women in Bosnia and Herzegovina, the former Yugoslave Republic of Macedonia, and Serbia. Geneva; 2014.

21.Kali Sara-Romani Information Center official. Interview with USDOL official. April 27, 2015.

22.Council of Europe. Advisory Committee on the Framework Convention for the Protection of Naitonal Minorities: Third Opinion on Bosnia and Herzegovina. Strasbourg; April 7, 2014.

23.Cental Intelligence Agency (CIA). The World Factbook, CIA, [online] February 20, 2013 [cited February 28, 2013];.

24.Government of Bosnia and Herzegovina. Constitution of Bosnia and Herzegovina, enacted December 14, 1995.

25.Government of Bosnia and Herzegovina. Labor Law of the Federation of Bosnia and Herzegovina, enacted 2003.

26.Government of Bosnia and Herzegovina. Labor Law of the Republika Srpska, enacted 2003. [source on file].

27.Government of Bosnia and Herzegovina. Labor Law of the Brcko District, Articles 10, 28, 41, enacted 2005. [source on file].

28.Government of Bosnia and Herzegovina. Criminal Code of Bosnia and Herzegovina 03/03 (Consolidated), enacted 2003.

29.Criminal Code of Republika Srpska, as amended (Official Gazette No 67/13), enacted 2013. [source on file].

30.Criminal Code of Brcko District (BDBiH 47/11- official consolidated version, (52/11)), unofficial translation, enacted 2013. [source on file].

31.Government of Bosnia and Herzegovina. Criminal Code of the Federation of Bosnia and Herzegovina, enacted August 1, 2003. [source on file].

32.Government of Bosnia and Herzegovina. Criminal Code of Republika Srpska, enacted 2003.

33.Government of Bosnia and Herzegovina. Criminal Code of the Brcko District, enacted May 28, 2003. .

34.Ministry of Defense of Bosnia and Herzegovina. Laws: Law on the Services in the AF BiH, Ministry of Defense of Bosnia and Herzegovina, [online] [cited March 18, 2014];.

35.Child Soldiers International. Louder Than Words: An agenda for action to end state use of child soldiers. London; September 2012.

36.Government of Bosnia and Herzegovina Framework Law On Primary and Secondary Education in Bosnia and Herzegovina, No. 18/03, enacted 2003.

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

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

39.U.S. Department of State official E-mail communication to USDOL official. June 16, 2014.

40.International Labor Organization. Bosnia and Herzegovina- Labour Inspection Structure and Organization, ILO, [online] March 4, 2013 [cited November 7, 2014];.

41.U.S. Department of State official. E-mail communication to USDOL official. May 8, 2015.

42.Inspectorate official. Interview with USDOL official. April 23, 2015.

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

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

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

46.Ministry for Human Rights and Refugees. Revidirani Akcioni Plan Bosne i Herzegovine za Rjesavanje Problema Roma u Oblastima Zaposljavanja, Stambenog Zbrinjavanja i Zdravstvene Zastite 2013-2016,. Sarajevo, December 13, 2013.

47.Government of Bosnia and Herzegovina. Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and Action Plan, enacted 2013-2015.

48.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 2015-2015. .

49.Kali Sara- Romani 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. http://www.romadecade.org/20092011_decade_watch_report_for_bosnia_and_herzegovina_2011.

50.Decade of Roma Inclusion Secretariat Foundation. Bosnia and Herzegovina Progress Report 2013. Budapest; 2013.

51.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 Herzegovinia in 2012 and 2013Decade of Roma Inclusion Secretariat Foundation; 2014.

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

53.UNICEF. Enhancing the Social Protection and Inclusion System for Children: Program Summary (III Phase), UNICEF, [online] [cited March 19, 2015];.

54.USAID. Implementation of the Strategy to Fight Trafficking in Persons in Bosnia and Herzegovina, USAID, [online] October 15, 2014 [cited November 10, 2014];.

55.International Center for Migration Policy Development. Fight against Trafficking in Human Beings-Phase 2, ICMPD, [online] [cited May 6, 2015];.

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