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

Child Labor and Forced Labor Reports

Bosnia and Herzegovina

2017 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2017, Bosnia and Herzegovina made a moderate advancement in efforts to eliminate the worst forms of child labor. The Organization for Security and Co-operation in Europe’s Bosnia and Herzegovina Mission provided training on child begging to 30 judges and prosecutors, and criminal law enforcement officials received training on human trafficking, including victim identification. In addition, the government funded activities to address human trafficking, including street campaigns, workshops, conferences, activities in schools, and media events. However, children in Bosnia and Herzegovina engage in the worst forms of child labor, including in forced begging, sometimes as a result of human trafficking. Children also perform dangerous tasks in street work. The minimum age protections in the Federation of Bosnia and Herzegovina, Republika Srpska, and Brčko District do not apply to children who are self-employed or work outside of formal employment relationships. In addition, the Anti-Trafficking Strike Force lacks coordination between government and criminal law enforcement members, and labor inspectors do not have jurisdiction to investigate forced begging cases.

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Children in Bosnia and Herzegovina (BiH) engage in the worst forms of child labor, including in forced begging, sometimes as a result of human trafficking. (1; 2) Children also perform dangerous tasks in street work. (3; 4; 5; 6; 1) 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, 2018. (7)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Multiple Indicator Cluster Survey 3, 2006. (8)

 

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 (3; 4; 5; 6; 9; 10)

Categorical Worst Forms of Child Labor‡

Forced begging and forced domestic work, each sometimes as a result of human trafficking (2; 11; 12; 13; 14)

Commercial sexual exploitation as a result of human trafficking (2; 11; 15)

Use in illicit activities, including for pickpocketing (3; 6; 11; 10; 15)

Use in the production of pornography (4; 16; 10; 15; 17; 18)

‡ 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. (3; 6; 12; 19) Organized groups sometimes traffic children to lucrative locations, both domestically and internationally, to regional and European Union countries, where they are forced to beg. (3; 11; 13; 20; 14)

Children from the largest minority group in BiH, the Roma, remain vulnerable to the worst forms of child labor. (3; 5; 6; 1; 2; 11; 12; 21; 14) The Roma custom of paid and arranged marriages between families has resulted in the exploitation of some Roma girls as domestic workers. (2; 11; 22; 14; 23) Birth registration is required to attend school in BiH and some Roma children lack identity documents, which may affect their access to education. (1; 20; 24; 25; 26; 27; 22) 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, as well as clothing and food. (16; 21; 28; 29; 10) 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. (30)

Children with disabilities generally face barriers to accessing education, which may make them vulnerable to child labor. (1; 22) 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. (31; 23)

Children ages 6 to 17 from Republika Srpska (RS) are being recruited to participate in military training camps in Russia. (32; 33) The military training includes teaching these children how to use weapons and other basic paramilitary skills. (34)

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), RS, and the self-governing Brčko District (BD). (1) The Government of BiH has established laws and regulations related to child labor, at the state, entity, and district levels (Table 4). However, gaps exist in BiH’s legal framework to adequately protect children from child labor, including the minimum age for work and the prohibition of military recruitment by non-state armed groups.

Table 4. Laws and Regulations on Child Labor

Standard

Related Entity

Meets International Standards: 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 (35)

Republika Srpska (RS)

No

15

Articles 26–27 of the Labor Law of Republika Srpska (36)

Brčko District (BD)

No

15

Article 10 of the Labor Law of Brčko District (37)

Minimum Age for Hazardous Work

FBiH

Yes

18

Article 57 of the Labor Law of the Federation of Bosnia and Herzegovina (35)

RS

Yes

18

Articles 103 and 264 of the Labor Law of Republika Srpska (36)

BD

Yes

18

Article 41 of the Labor Law of Brčko District (37)

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 (35)

RS

Yes

 

Articles 70, 72, 103, and 264 of the Labor Law of Republika Srpska (36)

BD

Yes

 

Articles 28, 41, and 111 of the Labor Law of Brčko District (37)

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 (38; 39)

FBiH

No

 

Articles 210a (2–3) of the Criminal Code of the Federation of Bosnia and Herzegovina. (40)

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (41)

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (42)

Prohibition of Child Trafficking

BiH

Yes

 

Articles 185–186a of the Criminal Code of Bosnia and Herzegovina (39)

FBiH

Yes

 

Articles 210a–210b of the Criminal Code of the Federation of Bosnia and Herzegovina (40)

RS

Yes

 

Article 198b of the Criminal Code of Republika Srpska (41)

BD

Yes

 

Article 207 of the Criminal Code of Brčko District (42)

Prohibition of Commercial Sexual Exploitation of Children

BiH

Yes

 

Articles 186–187 of the Criminal Code of Bosnia and Herzegovina (39)

FBiH

Yes

 

Articles 210 and 211 of the Criminal Code of the Federation of Bosnia and Herzegovina (43)

RS

Yes

 

Articles 198 and 198b–200 of the Criminal Code of Republika Srpska (41)

BD

Yes

 

Articles 186 and 207–209 of the Criminal Code of Brčko District (42)

Prohibition of Using Children in Illicit Activities

BiH

No

 

Article 195 of the Criminal Code of Bosnia and Herzegovina (39)

FBiH

Yes

 

Article 219 of the Criminal Code of the Federation of Bosnia and Herzegovina (43)

RS

Yes

 

Articles 198b and 224 of the Criminal Code of Republika Srpska (41)

BD

Yes

 

Article 216 of the Criminal Code of Brčko District (42)

Prohibition of 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 (44)

State Voluntary

BiH, FBiH, RS, BD

Yes

18

Article 9 of the Law on the Service in the Armed Forces of Bosnia and Herzegovina (44)

Non-state

BiH
FBiH
RS
BD

No
No
No
No

 

Article 173(e) of the Criminal Code of Bosnia and Herzegovina (39)

Compulsory Education Age

FBiH

Yes

15‡

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (45)

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 (45; 46)

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 (45; 47)

Free Public Education

FBiH/RS/BD

Yes

 

Article 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (45)

* No conscription (44)
‡ Age calculated based on available information (45)

 

The RS government introduced the Special Register of Individuals Convicted of Sexual Abuse and Exploitation of Children Law, enacted in 2018, which aims to protect children from the worst forms of child labor in the RS. (48)

Laws related to illicit activities in BiH are not sufficient because using, 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. (35; 36; 37) Therefore, most children engaged in street work, the most common form of child labor, are not protected by the law due to law enforcement practices and legal interpretations of the laws. (3; 4; 5; 6; 26; 35; 36; 37; 49) 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. (9; 43; 41; 42; 39) Finally, the types of hazardous work prohibited for children do not include begging, an area of work in which there is evidence of associated dangers. (50; 51; 52)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of the Ministries of Labor for FBiH, RS, and BD that may hinder adequate enforcement of their child labor laws.

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. (6; 53; 54)

RS Ministry of Labor and Veterans Labor Inspectorate

Enforce labor laws, including those on child labor, in RS. (6; 54)

BD Administrative Support Department

Enforce labor laws, including those on child labor, in BD. (6)

Entity and Cantonal-Level Police

Enforce criminal laws against human trafficking, forced labor, prostitution, and begging. (55)

Ministry of Security (MOS)

Enforce national policy to prevent the worst forms of child labor. Collect data on human trafficking. (53) Ensure that victims are placed in government-approved shelters. (53)

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). Identify victims of human trafficking at the border (SBP). (53; 55)

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. (53; 55)

 

Labor Law Enforcement

In 2017, labor law enforcement agencies in BiH took actions to combat child labor (Table 6). However, gaps exist within the authority of the Ministries of Labor for FBiH, RS, and BD that may hinder adequate labor law enforcement, including labor inspector training for agricultural inspections.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

Related Entity

2016

2017

Labor Inspectorate Funding

FBiH/RS/BD

Unknown (12)

Unknown (10)

Number of Labor Inspectors

FBiH

39 (56)

78 (10)

RS

35 (56)

36 (10)

BD

4 (56)

7 (10)

Inspectorate Authorized to Assess Penalties

FBiH/RS/BD

Yes (12)

Yes (10)

Training for Labor Inspectors

 

 

 

Initial Training for New Employees

FBIH/RS/BD

No (12)

No (10)

Training on New Laws Related to Child Labor

FBIH/RS/BD

No (12)

No (10)

Refresher Courses Provided

FBIH/RS/BD

No (12)

No (10)

Number of Labor Inspections Conducted

FBiH/RS/BD

Unknown (12)

Unknown (10)

Number Conducted at Worksites

FBiH/RS/BD

Unknown (12)

Unknown (10)

Number of Child Labor Violations Found

FBiH/RS/BD

0 (12)

0 (10)

Number of Child Labor Violations for Which Penalties were Imposed

FBiH/RS/BD

0 (12)

0 (10)

Number of Child Labor Penalties Imposed that were Collected

FBiH/RS/BD

0 (12)

0 (10)

Routine Inspections Conducted

FBiH/RS
BD

Yes (12)
Yes (12)

Yes (10)
Yes (10)

Routine Inspections Targeted

FBiH/RS/BD

Yes (12)

Yes (10)

Unannounced Inspections Permitted

FBiH/RS/BD

Yes (12)

Yes (10)

Unannounced Inspections Conducted

FBiH/RS/BD

Yes (12)

Yes (10)

Complaint Mechanism Exists

FBiH/RS/BD

Yes (12)

Yes (10)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

FBiH/RS/BD

Yes (12)

Yes (10)

 

Although labor inspectors receive training on detecting child labor, inspectors in all entities are not trained on child labor in agriculture, including handling agricultural chemicals. (57) Labor inspectors have a quarterly plan for inspections. (56) A complaint mechanism exists in all entities, and each entity inspectorate has a mechanism for receiving online complaints. (56; 49) All three labor inspectorates are authorized to inspect any formal sector site without receiving prior approval. Inspectors who find violations of the child labor law are permitted to assess administrative penalties or issue fines. (6) Forced begging cases are pursued by entity-level police and state-level prosecutors; however, labor inspectors do not have jurisdiction to investigate such cases. (10)

In 2017, labor inspectors reported that they had sufficient resources to carry out inspections, and officials confirmed that the number of inspectors was adequate. (10)

Criminal Law Enforcement

In 2017, criminal law enforcement agencies in BiH took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including prosecution planning.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

Related Entity

2016

2017

Training for Investigators

 

 

 

Initial Training for New Employees

BiH/FBiH/RS/BD

Yes (12)

Yes (10)

Training on New Laws Related to the Worst

Forms of Child Labor

BiH/FBiH/RS/BD

Unknown

Yes (10)

Refresher Courses Provided

BiH/FBiH/RS/BD

Yes (13)

Yes (10)

Number of Investigations

BiH

8 (17)

4 (17)

FBiH/RS/BD

456 (17)

318 (17)

Number of Violations Found

BiH/FBiH/RS/BD

Unknown (12)

72 (18)

Number of Prosecutions Initiated

BiH

Unknown (12)

6 (18)

FBiH/RS/BD

Unknown (12)

66 (18)

Number of Convictions

BiH

Unknown (12)

6 (18)

FBiH/RS/BD

Unknown (12)

27 (18)

Reciprocal Referral Mechanism Exists Between

Criminal Authorities and Social Services

BiH/FBiH/RS/BD

Yes (12)

Yes (10)

 

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. (6) 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. (10; 49) In addition, law enforcement officials sometimes penalize child victims of begging by issuing fines against the children. (49)

NGOs and 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 on identifying children used for forced labor and begging. (30; 58; 59; 14) Prosecutors, police, and social workers continuously fail to identify forced begging as trafficking and instead classify them as child negligence or regard it as Roma custom and dismiss the charges against the perpetuators. (14; 49)

In 2017, the Organization for Security and Co-operation in Europe (OSCE) Mission in BiH coordinated with the governments to provide trainings on identifying human trafficking, including victim identification and the use of internet communication technology in perpetuating human trafficking. (60; 61) The OSCE Mission also provided training to 30 judges and prosecutors on trafficking cases involving Roma children who are subject to forced begging. (14) In addition, frontline officers received training on human trafficking victim identification. (14) The NGO International Forum of Solidarity (EMMAUS) organized two trainings for 60 legal professionals on how to treat and work with victims of human trafficking. (14)

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 the inclusion of all relevant agencies.

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

Coordinating Body

Role and Description

Department of the State Coordinator for Combating Trafficking in Persons (State Coordinator) within the 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. (11; 62) Oversee the human trafficking database, which includes data from NGOs, SIPA, SBP, and police agencies and Prosecutors’ Offices at all levels. (55) Publish data from this database in its annual report on human trafficking. (11) Oversee shelter management and monitor NGO compliance with the agreed-upon provisions on victims’ assistance. (55)

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

Coordinate human trafficking investigations across government agencies. (11) Convene monthly, with additional meetings scheduled as needed. (9; 11; 13; 59) Chaired by the Chief State Prosecutor, includes BiH, FBiH, RS, and BD ministries and agencies. (11; 53) Active in 2017. (10)

Inter-Ministerial Working Group

Monitor implementation of the National Action Plan to Counter Trafficking, the corresponding Action Plan, and the National Referral Mechanism. (11; 63) Comprises appointed representatives from the state and entity governments, including labor inspectors and elected representatives from NGOs. (4)

Regional Monitoring Teams

Facilitate anti-human trafficking coordination among state, entity, and cantonal-level institutions, as well as between NGOs and intergovernmental organizations. (11; 64) Includes labor inspectors. (15) In 2017, incorporated mental health centers and representatives of Daily Centers into the regional monitoring teams to help street children. (14)

Council for Children

Coordinate children’s issues among state-level agencies and institutions under the Action Plan for Children of BiH. (65; 66)

 

Labor inspectors have been included in the National Referral Mechanism, which allows them to determine how a child became part of a begging ring. However, labor inspectors are not part of the Anti-Trafficking Strike Force. (10) During the reporting period, research found that the regional monitoring teams would benefit from training on human trafficking issues. (14) The Anti-Trafficking Strike Force also has lacked coordination because the BiH Prosecutor Office has not assigned a new representative, FBiH has not appointed additional members, and the State Investigative and Protection Agency rarely participates in the meetings. (14)

The Government of BiH has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including covering all worst forms of child labor.

Table 9. Key Policies Related to Child Labor‡

Policy

Description

Action Plan for Children of BiH (2015–2018)

Outlines a multidisciplinary approach to continue improving the government’s efforts to protect children’s rights. (67) Active in 2017. (49)

National Action Plan to Counter Trafficking (2016–2019)

Mandates that the government provide assistance to human trafficking victims, efficiently prosecute trafficking crimes, work to prevent human trafficking, and strengthen collaboration and coordination among stakeholders involved in combating human trafficking in BiH. (11; 68; 10) Active in 2017, with regional monitoring teams implementing activities, such as the National Referral Mechanism; enhancing victim protection; and publishing guidelines and indicators for stakeholders involved in combating human trafficking. (10; 14)

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

Outlined a comprehensive strategy for cooperative efforts between the government and the Council of Europe. Included components designed to increase inclusive education and decrease discrimination against Roma. (69) Active and completed in 2017. (49)

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (10; 70)

 

Although the Government of BiH has adopted the National Action Plan to Counter Trafficking and the Action Plan for Child Protection, research found no evidence of a policy on other worst forms of child labor, including for forced labor, or illicit activities. (4; 6; 11; 71; 10) Sources also have indicated that the government has not allocated adequate financial resources for effective implementation of inclusive education initiatives. (29; 72; 73; 31) In addition, Roma organizations and government agencies have expressed intentions to develop an action plan to combat child begging; however, the plan has not been completed. (10)

In 2017, the Government of BiH 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 funding.

Table 10. Key Social Programs to Address Child Labor‡

Program

Description

Registration Project

UNHCR-funded project, implemented by NGO Vaša Prava, which promotes the registration of Roma people to increase their access to social benefits and schools. (11; 53; 74) Helped 1,300 Roma individuals register for citizenship and enabled 19,000 individuals to apply for social inclusion programs from 2009 to 2016. (65; 75; 14) Active in 2017 by working with BiH authorities to simplify the process for birth and citizenship registration. (14)

Daily Centers†

Center for Social Welfare-supported and NGO-operated day care centers in seven locations across the country for vulnerable children, especially street children. (14) Provide direct assistance for children, including educational activities, counseling, food, and hygiene. (3; 24)

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. (58) In 2017, MOS and the Ministry of Human Rights and Refugees allocated $79,750 for shelters and $6,130 for European Anti-Trafficking Day. (14; 49) Daily Centers identified 130 children as potential human trafficking victims in 2017. (14)

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. Aimed to build the capacity of participating governments to prevent human trafficking by providing policy, legal, and technical assistance. (76) Focused on improving victim identification, increasing the prosecution of traffickers, and strengthening coordination among stakeholders. (76) Active and completed in 2017. (49)

UNICEF Country Program (2015–2019)

UNICEF-funded program. Aims to reduce child poverty and enhance child protection and inclusive education and to create inclusive early education for Roma children, as well as identify gaps in access to education for Roma children and children with disabilities. (77) Active in 2017. (49)

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

UN-funded project implemented by UN-affiliated implementing partners. Aims to provide inclusive education for Roma children and children with disabilities, plus social protection for vulnerable individuals. (78) Active in 2017. (49)

† 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. (14)

 

During the reporting period, amendments to the Law on Children’s Protection of BD were proposed, which would increase the amount of money given to cash transfers for children. (15; 49)

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. (5; 13) The Mobile Team staff stated, however, that they lack sufficient resources for their work, especially reliable transportation. (3; 49) Government support for outreach to street children in areas outside of Sarajevo varies significantly. Although most Daily Centers collaborate with local Centers for Social Welfare, most Daily Centers are not institutionalized and, therefore, lack consistent financial and technical support. (19; 49) 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. (3; 49)

Some organizations that provide services to victims of domestic human trafficking may lack adequate financial resources. (4; 13; 30; 66) During the reporting period, research found that most NGOs that provide social services 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 in BiH (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

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 – 2017

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 – 2017

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 – 2017

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

2016 – 2017

Enforcement

Collect and publish information on labor law enforcement efforts, including labor inspectorate funding.

2015 – 2017

Ensure that labor inspectors receive training on sectors were child labor is known to occur and enable them to inspect for child labor in agriculture.

2017

Enable labor inspectors to pursue forced child begging cases and hold parents legally accountable for trafficking their children.

2017

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 and not classifying cases as Roma custom.

2014 – 2017

Coordination

Include labor inspectors in the Anti-Trafficking Strike Force and ensure that the Strike Force fulfills its coordinating mandate with the inclusion of all relevant government entities and law enforcement.

2017

Provide additional training to the regional monitoring teams on the referral and protection of human trafficking victims.

2016 – 2017

Government Policies

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

2015 – 2017

Ensure that inclusive education initiatives receive adequate funding.

2017

Create an action plan to address forced begging for the children of the Roma population.

2017

Social Programs

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

2009 – 2017

Promote inclusive education for minority children, including Roma, by assisting parents in registering their children for birth and identity documentation that entitles them to access school, expanding efforts to reduce discrimination in schools, and mitigating the costs to families associated with education.

2011 – 2017

Remove barriers to education for children with disabilities by ensuring that schools have adequate resources to provide the necessary accommodations.

2015 – 2017

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 – 2017

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

2014 – 2017

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

2014 – 2017

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

2015 – 2017

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

2. —. Trafficking in Persons Report- 2017: Bosnia and Herzegovina. Washington, DC. June 27, 2017. https://www.state.gov/j/tip/rls/tiprpt/countries/2017/271150.htm.

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

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

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

6. U.S. Embassy- Sarajevo. Reporting, January 28, 2016.

7. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2018. http://data.uis.unesco.org/. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

8. 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 January 12, 2018. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.

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

10. U.S. Embassy- Sarajevo. Reporting, January 18, 2018.

11. —. Reporting, February 1, 2016.

12. —. Reporting, January 13, 2017.

13. —. Reporting, February 8, 2017.

14. —. Reporting, February 9, 2018.

15. 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.

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

17. USDOL. Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor. Federal Register 82, no. 207 (2017). [Source on file].

18. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. January 26, 2018.

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

20. 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. October 16, 2013. http://ec.europa.eu/enlargement/pdf/key_documents/2013/package/ba_rapport_2013.pdf.

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

22. UN Human Rights Committee. Concluding observations on the third periodic report of Bosnia and Herzegovina. April 13, 2017: CCPR/C/BIH/CO/3. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fBIH%2fCO%2f3&Lang=en.

23. U.S. Department of State. Country Reports on Human Rights Practices- 2017: Bosnia and Herzegovina. Washington, DC. April 20, 2018. http://www.state.gov/documents/organization/277391.pdf.

24. ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Bosnia and Herzegovina (ratification: 2001) Published: 2015. Accessed January 11, 2013. http://ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3183490.

25. UN Committee on Economic, Social and Cultural Rights. Concluding observations on the second periodic report of Bosnia and Herzegovina. December 16, 2013: E/C.12/BIG/CO/2. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E/C.12/BIH/CO/2&Lang=En.

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

27. Council of Europe. ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES: Third Opinion on Bosnia and Herzegovina adopted on 7 March 2013. April 7, 2014. https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168008c667.

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

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

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

31. 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.

32. Radio Free Europe. Russian 'military' model for Children from Serbia. April 4, 2018. https://www.slobodnaevropa.org/a/deca-obuka-rusija-vojni-srbija-/29142301.html.

33. Avdic, A. Children from Serbia and RS are training in Russian military camps. January 1, 2018. http://zurnal.info/novost/20936/djecaci-iz-srbije-i-rs-obucavaju-se-u-ruskim-vojnim-kampovima.

34. Gordana Katana. Are children from RS going to Russian military camps? February 4, 2018. https://www.oslobodjenje.ba/vijesti/bih/u-ruski-kamp-idu-i-djeca-iz-rs-a.

35. 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.

36. —. Labor Law of Republika Srpska. Enacted: 2003. http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/102220/123487/F-1030013146/BIH-2015-L-102220.pdf.

37. —. Labor Law of Brčko District. Enacted: 2005. http://ilo.org/dyn/natlex/docs/ELECTRONIC/99959/119633/F1307714070/BIH99959%20Bsn.pdf.

38. —. Constitution of Bosnia and Herzegovina. Enacted: 1995. http://www.ccbh.ba/public/down/USTAV_BOSNE_I_HERCEGOVINE_engl.pdf.

39. —. Criminal Code of Bosnia and Herzegovina. Enacted: 2003. https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_BiH.pdf.

40. —. 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.

41. —. 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.

42. —. CRIMINAL CODE OF THE BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA. 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.

43. —. Criminal Code of the Federation of Bosnia and Herzegovina. Enacted: August 1, 2003. https://advokat-prnjavorac.com/zakoni/Krivicni_zakon_FBiH.pdf.

44. —. Law on Service in the Armed Forces in Bosnia and Herzegovina. Enacted: 2005. [Source on file].

45. —. 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%20zakon%20o%20osnovnom%20i%20srednjem%20obrazovanju%20u%20Bosni%20i%20Hercegovini.pdf.

46. —. Law on Primary Education of Republika Srpska. Enacted: 2007. https://advokat-prnjavorac.com/zakoni/Zakon-o-osnovnom-vaspitanju-i-obrazovanju-RS.pdf.

47. —. 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%20o%20obrazovanju%20u%20osnovnim%20i%20srednjim%20s--kolama.

48. —. Republika Srpska Proposal of the Law on Special Register of Persons Verdicts Convicted of Crimes of Sexual Abuse and Exploitation of Children. February 9, 2018. http://www.narodnaskupstinars.net/?q=ci/%D0%B0%D0%BA%D1%82%D0%B8/%D0%B7%D0%B0%D0%BA%D0%BE%D0%BD%D0%B8-%D1%83-%D0%BF%D1%80%D0%BE%D1%86%D0%B5%D0%B4%D1%83%D1%80%D0%B8/%D0%BF%D1%80%D0%B8%D1%98%D0%B5%D0%B4%D0%BB%D0%BE%D0%B3-%D0%B7%D0%B0%D0%BA%D0%BE%D0%BD%D0%B0.

49. U.S. Embassy- Sarajevo official. E-mail communication to USDOL official. May 10, 2018.

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

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

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

53. U.S. Embassy- Sarajevo. Reporting, December 22, 2014.

54. ILO. Bosnia and Herzegovina- Labour Inspection Structure and Organization. March 4, 2013. http://www.ilo.org/labadmin/info/WCMS_209351/lang--en/index.htm.

55. U.S. Embassy- Sarajevo. Reporting, February 13, 2014.

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

57. ILO Committee of Experts. Direct Request concerning Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129) Bosnia and Herzegovina (ratification: 1993) Published: 2017. Accessed December 22, 2017. http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3289240.

58. U.S. Embassy- Sarajevo. Reporting, February 17, 2015.

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

60. OSCE- Organization for Security and Co-operation in Europe. Role of information technology in human trafficking focus of training course supported by OSCE Mission to Bosnia and Herzegovina. October 19, 2017. http://www.osce.org/mission-to-bosnia-and-herzegovina/350891.

61. —. Trafficking in human beings in focus of OSCE-supported training course in Bosnia and Herzegovina. June 7, 2017. http://www.osce.org/mission-to-bosnia-and-herzegovina/321926.

62. U.S. Embassy- Sarajevo. Reporting, January 14, 2014.

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

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

65. —. E-mail communication to USDOL official. March 27, 2014.

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

67. 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.

68. 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.

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

70. 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%20%20Akcioni%20plan%20BiH%20za%20rjesavanje%20problema%20Roma%202017-2020_ENG.pdf.

71. —. ACTION PLAN for child protection and prevention of violence against children through information-communications technologies in Bosnia and Herzegovina 2014-2015. http://msb.gov.ba/PDF/140605_Nasilje_engleski_SG_ver2.pdf.

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

73. Knezicek, Tihomir, et al. Civil Society Monitoring on the Implementation of the National Roma Integration Strategy and Decade Action Plan in Bosnia and Herzegovina in 2012 and 2013. Decade of Roma Inclusion Secretariat Foundation. 2014. [Source on file].

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

75. —. E-mail communication to USDOL official. March 5, 2015.

76. International Center for Migration Policy Development. Fight Against Trafficking in Human Beings–Phase 2. Accessed May 6, 2015. http://www.icmpd.org/Ongoing-Projects.1636.0.html.

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

78. UNDAF. One United Nations Programme and Common Budgetary Framework, Bosnia and Herzegovina 2015–2019: United Nations Development Assistance Framework. 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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