Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Bosnia y Herzegovina (Ratificación : 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. I. Republika Srpska. The Committee previously noted that according to section 195 of the Criminal Code, as amended, whoever performs sexual intercourse or any other sexual acts with a child shall be punished by imprisonment for a term of one to eight years. It requested the Government to indicate whether the term “child” as used in section 195 of the Criminal Code refers to persons under the age of 18 years.

The Committee notes with interest the Government’s indication that a “child” in accordance with the provisions of the laws of Republika Srpska means persons under the age of 18 years.

II. Brcko District. The Committee previously noted that according to section 187(3) of the Criminal Code of Bosnia and Herzegovina (BiH Criminal Code), any person who procures, entices or leads away a child or a juvenile to offer sexual services in another state, away from their place of residence shall be punished. The Committee noted that this provision does not cover children involved in prostitution within their place of residence and does not contain any prohibition on the use of young persons under 18 years of age for prostitution.

The Committee notes with interest that Chapter XIX of the Criminal Code of the Brcko District (CC BD) sets out penalties for the offences related to sexual abuse of children and child prostitution. According to section 200(5) of the CC BD, any person who compels a juvenile (defined as persons under the age of 18 years) into sexual intercourse or an act equal to sexual intercourse by use of force or threat shall be punished with imprisonment of at least three years. Section 207(4) of the CC BD further states that any person who entices, induces or persuades a child or a juvenile to engage into prostitution or in some way facilitates the prostitution of that person for the benefit of another person shall be punished with imprisonment from three to fifteen years. The Committee further notes that, according to sections 204 and 210(2) and (3) of the CC BD, a person who performs sexual intercourse with a child or a juvenile shall be punished with imprisonment of up to eight years.

2. Use, procuring or offering of a child for the production of pornography of for pornographic performances. Brcko District. The Committee previously requested the Government to provide information on the legal provisions which prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

The Committee notes with interest that according to section 208 of the CC BD, a person who abuses a child or a juvenile for taking photography, audio visual material or other material with pornographic contents, or possesses, imports, sells, distributes or presents such material or induces such persons to take part in a pornographic performance shall be sentenced to prison from one to five years.

Clause (c). Use, procuring or offering of a child for illicit activities. BiH and the Brcko District. The Committee previously noted that section 238 of the Criminal Code of the Federation of Bosnia and Herzegovina (CC FBiH) prohibits the unauthorized production and sale of narcotics and that section 195 of the BiH Criminal Code prohibits the illicit trafficking of narcotics. The Committee observed that there was no specific prohibition on the use, procuring or offering of children under 18 years for the production and trafficking of drugs.

The Committee notes the Government’s indication that the offences related to using children for any illegal activities, including the production and trafficking of drugs, is covered by section 219 of the CC FBiH on neglect and maltreatment of a child or juvenile. According to section 219, any parent, adoptive parent, guardian or any other person who mistreats a child or a juvenile, forces him/her to excessive work, or work inadequate for their age, forces them to beg or persuades him/her to perform other actions harmful for their development shall be punished with imprisonment for up to five years.

With regard to the Brcko District, the Committee notes that section 232 of the CC BD prohibits the unauthorized production and distribution of narcotics. It also notes that section 216 of the CC BD contains provisions similar to that of section 219 of the CC FBiH, which establish penalties for involving a child or a juvenile in work inadequate to their age or harmful to their development. The Committee requests the governments of the Federation of BiH and the Brcko District to provide information on any prosecutions and convictions made under section 219 of the CC FBiH and section 216 of the CC BD with regard to the use, procuring or offering of a child under 18 years for the offences related to the production and trafficking of drugs.

Article 4(1). Determination of hazardous types of work. Federation of BiH, Republika Srpska and Brcko District. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age in the Federation of BiH, the Republika Srpska and Brcko District, the Committee refers to its respective comments under the Minimum Age Convention, 1973 (No. 138).

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 notes from a report published by the Ministry of Security of BiH that a Strategy to Counter Trafficking in Human Beings in BiH 2013–15 (Strategy 2013–15) and an Action Plan for the Implementation of Strategy to Counter Trafficking in Human Beings in BiH 2013–15 (Action Plan 2013–15) was adopted by the Council of Ministers in March 2013. The Committee notes from this report that the Strategy 2013–15 has determined five broad areas of strategic objectives which include support, prevention, prosecution, protection and partnership. The Committee also notes that awareness-raising campaigns, prevention of forced child begging, harmonization of criminal legislation pertaining to trafficking in human beings, improving the efficiency in recognizing the crime of trafficking in human beings, improving the system of protection against child pornography, and developing standards for provision of support, repatriation and reintegration of victims of trafficking, are some of the specific measures to be undertaken within the frame work of the Strategy 2013–15. The Committee requests the Government to provide information on the implementation of the Strategy 2013–15 and the specific measures undertaken within the framework of the Action Plan 2013–15 and their 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. Following its previous comments, the Committee notes the Government’s information that the Council of Ministers adopted the Revised Action Plan of BiH 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. The Committee notes that the RAP has defined four goals and 47 measures to help marginalized groups of children to have equal access to quality education and to acquire the necessary knowledge for better integration into the society. The Committee also notes the Government’s indication that, in 2011, a state-level monitoring team was established to monitor the effective implementation of the RAP. According to the Government’s report, following the implementation of the RAP, in 2011, there has been an increased enrolment rate of Roma children in primary, secondary and higher education and a decrease in the number of children dropping out from school. The Committee notes the Government’s information that funds were allocated by the competent educational authorities and local communities for the purchase of books and allowances of snacks for Roma children as well as the provision of scholarships to Roma students for high school and university. However, the Committee notes the Government’s statement that the country is currently not as economically developed as to fully implement the measures envisaged in the RAP. The Committee notes 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”) the 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.

While taking due note of the measures taken by the Government, the Committee notes with concern the low primary school attendance and completion rates of Roma children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to redouble its efforts, within the framework of the RAP, to facilitate access of Roma children to free basic education. It requests the Government to provide information on the measures taken in this regard and on the results achieved, particularly with regard to increasing their school enrolment rates and reducing their school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that, in October 2013, the MHRR adopted the Guidelines for improving the situation of Roma in BiH-Social inclusion which provide concrete strategic measures to prevent and protect street children who are exposed to begging. This document contain guidelines for the relevant ministries and local authorities to initiate activities related to birth registration, housing status of children, family economic status, education of Roma children, refugees or internally displaced children, children without parental care and children involved in begging. The Committee also notes from the Government’s report that a practicum on training of judges, prosecutors, police, social workers and other professionals on the issue of combating forced and hazardous child labour on the street was initiated by the MHRR in 2013 and is scheduled to continue in 2014. Moreover, the Revised Action Plan of BiH for Roma Issues in the Field of Employment, Housing and Health care was adopted in 2013, the implementation of which is expected to improve the overall situation of the Roma community, especially Roma children. The Committee finally notes that the day care centres in BiH provide direct assistance and support to children working on the streets, including facilities for education, hygiene, food, health and social protection. The Committee notes that, in 2012, over 950 Roma children, 85 per cent of whom were exposed to begging, were withdrawn and provided assistance in the day care centres. Among these, 110 children were enrolled at school and 230 children were provided daily support to pursue the school curriculum. The Committee notes, however, the Government’s information in its written replies to the Committee on the Rights of the Child (CRC/C/BIH/Q/2-4/Add.1, 2012, paragraph 50) that child begging in the streets in BiH is one of the highest forms of exploitation of children. According to estimates, about 75 per cent of the street children are Roma children, 80 per cent of whom were forced to beg by their parents or guardians. Considering that street children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts for the withdrawal of children from the streets and to ensure their rehabilitation and social reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved. The Committee finally requests the Government provide information on the impact of the measures taken within the Revised Action Plan of BiH for Roma Issues in the Field of Employment, Housing and Health Care on protecting Roma children from the worst forms of child labour.

Application of the Convention in practice. The Committee notes the Government’s information that from 2013–14 the State Investigation and Protection Agency of BiH investigated three cases under section 186 of the Criminal Code of BiH on trafficking in human beings, out of which one case was related to the trafficking of a juvenile. According to the Ministry of Justice of Republika Srpska, 24 persons were prosecuted for the offences related to sexual abuse of a child (section 195 of the Criminal Code of Republika Srpska (CC RS) and penalties ranging from one to 11 years were imposed. Similarly, three persons were prosecuted for the offence related to trafficking of a juvenile (section 198 of the CC RS); one person was prosecuted for the offence related to abuse of a juvenile for pornography (section 199 CC RS); and two persons were prosecuted for the offence related to abuse of a child for the unauthorized production and trafficking of drugs. The Committee requests the Government to continue providing information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied related to the worst forms of child labour in the Federation of BiH, Republika Srpska and in the Brcko District. To the extent possible, the information provided should be disaggregated by age and sex.