Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Bosnia and Herzegovina (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Federation of Bosnia and Herzegovina (FBiH). Following its previous comments, the Committee takes note of the statistics provided by the Government in its report regarding the number of investigations and indictments pronounced pursuant to section 219 of the Criminal Code of the FBiH, according to which any parent, adoptive parent, guardian or any other person who mistreats a child or a juvenile, forces them to excessive work, or work inadequate for their age, forces them to beg or persuades them to perform other actions harmful for their development, shall be punished with imprisonment for up to five years.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action Plan for the Prevention of Human Trafficking 2013–15. The Committee previously noted that a Strategy to Counter Trafficking in Human Beings in FBiH 2013–15 (Strategy 2013–15) and an Action Plan for Implementation of Strategy to Counter Trafficking in Human Beings in FBiH 2013–15 (Action Plan 2013–15) were adopted by the Council of Ministers in March 2013.

The Committee notes that, according to the report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina, drafted by the Group of Experts on Action against Trafficking in Human Beings and published on 17 July 2017 (GRETA 2017), 16 presumed victims of trafficking were identified in 2013, 49 in 2014, 35 in 2015 and 45 in 2016, the majority of whom were children. The prevailing form of exploitation over the 2013–16 period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation. The Committee notes that, according to the GRETA 2017 report, only 26 out of a total of 123 activities envisaged in the Action Plan 2013–15 did not achieve the expected results. The report stated that the new Action Plan should include activities from the previous one which can still achieve the expected results.

The Committee notes the Government’s information according to which the Action Plan for combating human trafficking in Bosnia and Herzegovina for the period 2016–19 (Action Plan 2016–19) was adopted, which aims to improve the system of support for the fight against human trafficking in FBiH, the effective prosecution of human trafficking and related crimes, the prevention of human trafficking by risk reduction and effective protection and assistance to victims of human trafficking, and strengthening the partnership and cooperation between the parties involved in countering human trafficking. The Committee requests the Government to provide information on the implementation of the Action Plan 2016–19 and its impact on preventing and combating the trafficking of children under 18 years of age, as well as on prosecuting and punishing the perpetrators.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Council of Ministers adopted the Revised Action Plan of FBiH on the Educational Needs of Roma (RAP) which was prepared in accordance with the recommendations and proposals agreed at the 16th International Steering Committee of the Decade of Roma Inclusion, and aimed to help marginalized groups of children to have equal access to quality education and to acquire the necessary knowledge for better integration into society. The Committee noted that, following the implementation of the RAP, the enrolment rates of Roma children in primary, secondary and higher education increased and the number of children dropping out of school decreased. However, the Committee noted the Government’s statement that the country was not as economically developed as to fully implement the measures envisaged in the RAP. The Committee noted from a report entitled “Civil Society Monitoring on the Implementation of the National Roma Integration Strategy and Decade Action Plan in BiH 2012–13”, coordinated by the Decade of Roma Inclusion, that according to research conducted by the Ministry of Human Rights and Refugees (MHRR) and the Agency of Statistics of Bosnia and Herzegovina, 2013 (entitled “Research of Multiple Indicators MICS”), primary school attendance rates for Roma children were 69.3 per cent and that 40 per cent of Roma children did not complete primary education.

The Committee notes the Government’s information that, as a result of various stimulus measures – including training of teachers and parents, the provision of free textbooks, transportation and school meals to Roma children, increased cooperation with the Centre for Social Welfare and helping families in need – an increased number of Roma children completed primary and secondary education in 2015 and 2016, which means that there has been a decrease in drop out rates. The Government attributes the decrease in the rate of enrolment of Roma children in primary and secondary education to the migration of the Roma population and the decrease of the number of Roma people in the country. However, the Committee notes that, in its concluding observations of 12 June 2015 on the ninth to 11th periodic reports of FBiH, the Committee on the Elimination of Racial Discrimination, while appreciating the efforts taken to eliminate discrimination against Roma in the field of education, expressed concern about the low school attendance of Roma children and their over representation in special schools because of alleged “social disabilities” or because such schools will often be the only ones that provide support such as free meals, books or transportation, which many Roma families depend on to send their children to school (CERD/C/BIH/CO/9-11, paragraph 8(a)). Considering that education is one of the most effective methods to prevent the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to facilitate access of Roma children to free, quality basic education. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved, particularly with regard to improving the functioning of the education system, increasing the school enrolment rates and reducing the school drop-out rates of Roma children. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee, while taking due note of the measures taken by the Government, noted that child begging in the streets in FBiH was one of the most prevalent forms of exploitation of children. According to estimates, about 75 per cent of street children were Roma children, 80 per cent of whom were forced to beg by their parents or guardians.

The Committee notes the Government’s information that there has been considerable progress following the implementation of measures under the Action Plan for Solving Problems of the Roma in the Fields of Employment, Housing and Health Care (2013–16), which have had the effect of directly and indirectly reducing the exploitation of Roma children in all forms, especially in street begging. The Committee also notes that, according to the GRETA 2017 report, in 2015, 122 children (62 boys and 60 girls), all of them involved in begging, were assisted by the six day centres (drop-in centres) for children that operate in Sarajevo, Tuzla, Zenica, Banja Luka, Mostar and Bijeljina.

The Committee notes that, according to a 2015 UNICEF study on child begging and other child street work in FBiH, children in street situations are mostly younger than 14, are primarily Roma although all communities are affected, and are very vulnerable and exposed to abuse. The study indicates that while some cases of street children occur as a result of trafficking, many cases would be better described as parental abuse or neglect. The Committee notes the Government’s statement acknowledging that despite significant results in the improvement of living conditions of the Roma in the previous eight years, they are still in a difficult economic and social situation, have a modest income, and are widely unemployed. The Government indicates that their situation should continue to improve in the future with further funding under the new Action Plan which will cover the period 2017–20. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to intensify its efforts for the removal of children from the streets and to ensure their rehabilitation and social integration, with special attention to the most vulnerable groups, such as Roma children. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.