Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2020–2023. In its previous comments, the Committee noted that, 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 2013–2016 period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation. The Committee further noted the adoption of the Action Plan to Counter Trafficking in Human Beings in Bosnia and Herzegovina for the period 2016–2019 (Action Plan for 2016-2019), which aimed to improve the system of support for the fight against trafficking in persons, the effective prosecution of trafficking in persons and related crimes, the prevention of trafficking in persons by risk reduction and effective protection and assistance to victims of trafficking, and strengthening the partnership and cooperation between the parties involved in countering trafficking in persons.

The Committee notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29) that 47 presumed child victims were identified in 2017, 24 in 2018, and 5 in January-June 2019. The Government further indicates that 15 out of a total of 77 activities envisaged in the Action Plan for 2016-2019 were not fully implemented in 2019. In this respect, the Committee observes from the 2020 Report of the State Coordinator for Combating Trafficking in Human Beings that most of the activities on preventing and combatting trafficking of children contained in the Action Plan for 2016-2019 achieved the expected results. In particular, a number of trainings for workers of social centers and educational activities for school students were carried out under strategic measure C.3 of the Action Plan for 2016-2019 on the prevention of trafficking of children. In addition, support services were provided to child victims of trafficking which included the provision of shelter, food, clothing, footwear, hygiene supplies, and healthcare (strategic measure D.6 on protection and assistance services). The Committee also notes the adoption of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina for 2020-2023 on 23 January 2020 and its Action Plan (SAP 2020-2023). The SAP 2020-2023 focuses notably on the prevention of trafficking of children (strategic measure No. 2.5), the protection of child victims of trafficking during criminal proceedings (strategic measure No. 3.7), better identification of child victims of trafficking, and the provision of support services tailored to the needs of child victims (strategic measure No. 4.4). The Committee requests the Government to provide information on the implementation of the SAP 2020-2023, particularly the abovementioned strategic measures, and its impact on preventing and combating the trafficking of children under 18 years of age.

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 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. The Committee noted, however, the concern expressed by the Committee on the Elimination of Racial Discrimination about the low school attendance of Roma children and their over representation in special schools because of alleged “social disabilities” or because such schools were often the only ones that provided support such as free meals, books or transportation, which many Roma families depended on to send their children to school.

The Committee notes an absence of information in the Government’s report on this point. However, it observes from the 2018-2020 Reports of the State Coordinator for Combating Trafficking in Human Being, that various projects were implemented which aimed at the provision of access to pre-school and primary education for Roma and other vulnerable groups of children, including the conduct of a 12-month literacy course for Roma girls for their further integration into the regular education system in 2018. The Committee also notes the adoption of the Framework Action Plan on the Educational Needs of Roma in Bosnia and Herzegovina (2018–2022). In addition, the Committee observes from the 2019 Report on the implementation of the Action Plan for Children of Bosnia and Herzegovina for 2015–2018 that in the period 2016-2018, 1500 Roma children, more than 3000 parents, and over 1000 teachers participated in the project “Affordable and quality education for Roma girls and boys” which aimed to prevent Roma children from dropping-out of school. The Committee notes, however, from the same report that only 10 per cent of Roma children complete high school. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern about the high rates of school dropout owing to poverty and economic hardship (CRC/C/BIH/CO/5-6, paragraph 39). While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to facilitate access of Roma children to free, quality basic education. It further requests the Government to continue to provide 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 noted the Government’s information that there had 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 (2013–2016), which had had the effect of directly and indirectly reducing the exploitation of Roma children in all forms, especially in street begging. The Committee also noted that in 2015, 122 children (62 boys and 60 girls), all of them involved in begging, were assisted by the day centers (drop-in centers) for children. The Committee further noted that, according to a 2015 UNICEF study on child begging and other child street work, children working on the streets were mostly younger than 14, were primarily Roma although all communities were affected, and were very vulnerable and exposed to abuse.

While noting an absence of information in the Government’s report, the Committee observes from the 2019 Report on the implementation of the Action Plan for Children of Bosnia and Herzegovina for 2015 – 2018 that a series of measures were taken under specific objective H.3 of the Action Plan concerning the economic exploitation of children working on the streets. In particular, the 2019 Report indicates the conduct of awareness-raising activities and the establishment of day centers for children working on the streets, such as a shelter in Tuzla Canton for children from the age of 3-18 years who are victims of different forms of exploitation, including begging. The 2019 Report, however, indicates the lack of sufficient funding of such day centers. The Committee further notes that the CRC, in its concluding observations, recommended to provide alternative opportunities for children in street situations, including vocational training and employment opportunities, as well as to provide adequate financial support to the day centers for children working in the street (CRC/C/BIH/CO/5-6, paragraph 45). The Committee encourages the Government to strengthen its efforts for the removal of children working on the streets and to ensure their rehabilitation and social integration, with special attention to the most vulnerable groups. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.