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Forced Labour Convention, 1930 (No. 29) - Bosnia and Herzegovina (RATIFICATION: 1993)
Protocol of 2014 to the Forced Labour Convention, 1930 - Bosnia and Herzegovina (RATIFICATION: 2018)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously noted that in 2015, the criminal offences of transnational trafficking (section 186), organized transnational trafficking (section 186(a)), and international procuring in prostitution (section 187) were introduced into the Criminal Code of Bosnia and Herzegovina of 27 June 2003. In 2016, section 210(a) on trafficking in persons and section 210(b) on organized trafficking in persons were introduced into the Criminal Code of the Federation of Bosnia and Herzegovina of 9 July 2003. Under section 207(a) of the Criminal Code of the Brčko District of 2003 and section 145 of the Criminal Code of the Republika Srpska of 2017, trafficking in persons is a criminal offence.
The Committee notes the information provided by the Government in its report indicating that in 2017, under sections 186 and 187 of the Criminal Code of Bosnia and Herzegovina, the State Investigation and Protection Agency (SIPA) investigated four cases against six persons, which resulted in four convictions, whereas in 2018, there were no investigations. In 2017, in the Brčko District, one person was convicted under section 207(a) of the Criminal Code of the Brčko District. In 2017–20, in the Republika Srpska, three cases of trafficking in persons were investigated, which resulted in two convictions against three persons. The Committee notes the information provided by the Government in its 2020 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings indicating that a significant number of verdicts showed that there is still a misunderstanding of the essence of trafficking in persons and that there is a mismatch of views among court panels in its interpretation. In this respect, the Committee observes that one of the five strategic goals of the Strategy of combating trafficking in persons in Bosnia and Herzegovina and the Action Plan for 2020–2023 (SAP 2020–2023) aim at the improvement of detection and prosecution of perpetrators of trafficking in persons and related crimes, including by training of police officers, prosecutors, and judges. The Committee requests the Government to strengthen the capacities of the authorities responsible for enforcing the law to ensure that all persons who commit acts of trafficking in persons are investigated and prosecuted, and sufficiently effective and dissuasive penalties are imposed on them. The Committee further requests the Government to provide information on the measures taken within the framework of the SAP 2020-2023 in this regard and the results achieved. It also requests the Government to continue to provide information on the application of the abovementioned provisions of the Criminal Codes in practice, including the number of prosecutions, convictions and the specific penalties applied.
2. Programme of action. The Committee previously noted that according to the evaluation of the implementation of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and the Action Plan for 2013–15 (SAP 2013–15), about 80 per cent of activities envisaged in the Action Plan had achieved the expected results. The main factors influencing the failure to achieve the objectives included lack of political will, financial resources or capacity, complex internal structure, unclear and conflicting jurisdiction, unstable political situation and difficult economic situation. The Committee further noted that the SAP for 2016–19 was adopted and that the coordination and assessment of its implementation was entrusted to the monitoring team set up for this purpose.
The Committee takes note of the information provided by the Government indicating that according to the annual reports of the monitoring team on the implementation of the SAP 2016-2019, out of 80 activities, 63 activities were fully implemented, 12 activities were partially implemented and 5 activities were not implemented in 2018. Out of 77 activities, which were planned to be implemented in 2019, 62 activities were fully implemented, 11 activities were partially implemented and 4 activities were not implemented. The Committee requests the Government to provide information on the implementation of the SAP 2020–23 and the results achieved in this regard.
3. Protection of victims. 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 prevailing form of exploitation over that period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation (92 victims), followed by sexual exploitation (34 victims) and forced labour (15 victims). The Committee further noted that although by law the prosecutor should inform the victim about the possibility to file a claim for compensation in criminal proceedings, in practice victims are discouraged to do so because it would prolong the proceedings. As a result, there was no information about any victim who actually received compensation from the perpetrator. Moreover, the State compensation scheme for victims was not established due to political and financial difficulties.
The Committee notes the indication by the Government that in 2017, there were 83 presumed victims of trafficking in persons, including for the purpose of sexual exploitation (10 victims), labour exploitation (7 victims), and beggary (52 victims). In 2018, 36 presumed victims of trafficking in persons were identified, including 21 women and 15 men; in 2019, there were 21 presumed victims of trafficking in persons, including 17 women and 4 men. The Government also indicates that safe accommodation was provided to 26 victims of trafficking in persons in 2017 and to 9 victims in 2019. The Committee observes from the 2018 Government’s report on the measures taken to comply with the Committee of the Parties Recommendation CP(2017) 27 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, that Bosnia and Herzegovina did not make any progress in setting up the State compensation scheme for victims of trafficking in persons. The Committee further observes the information provided by the Government in its 2020 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that according to current practice, victims of trafficking in persons cannot receive the awarded monetary claims because the convicted persons have no property or other income, and therefore the decision on execution has no legal effect.
The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, expressed concern about the lack of specialized shelters to accommodate women and girls who are victims of trafficking in persons and exploitation of prostitution, and the severe understaffing and lack of technical and financial resources of the centres for social welfare (CEDAW/C/BIH/CO/6, paragraph 27). In this respect, the Committee observes that the SAP 2020–2023 addresses the issue of protection of victims through the allocation of sufficient funds for safe accommodation, including specialized shelters for women and girls, and ensuring access to assistance and services (strategic goal No. 4). Furthermore, the SAP 2020-2023 provides for the establishment of special funds for the purpose of compensation of victims of trafficking in persons and ensuring easier access to compensation in criminal and civil proceedings (strategic goals Nos. 3 and 4). The Committee requests the Government to continue to take measures to facilitate access for victims of trafficking in persons to assistance and services, including specialized shelters for women and girls. It also requests the Government to continue to provide statistical data on the number of victims of trafficking in persons identified and who have been granted protection and assistance. The Committee once again requests the Government to provide information on the measures taken to ensure that victims of trafficking in persons receive appropriate compensation within a reasonable time limit.
Noting that the Government has not provided its first detailed report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests the Government to provide it with its next report on the application of the Convention due in 2024.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. The Committee previously noted that, under section 186 of the Criminal Code of Bosnia and Herzegovina, section 198(a) of the Criminal Code of the Republika Srpska and section 207(a) of the Criminal Code of Brčko District, trafficking in persons is a criminal offence. The Committee requested the Government to provide information on the application in practice of these provisions criminalizing trafficking in persons.
The Committee notes that the information from the 2017 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina (GRETA report, GRETA(2017)15) that, in May 2015, the Law on Amendments and Supplements to the State Criminal Code was adopted, pursuant to which the criminal offences of transnational trafficking (section 186), organized transnational trafficking (section 186(a)) and international procuring in prostitution (section 187) were introduced. The Committee notes the Government’s information in its report that the Criminal Code has been again amended in June 2016, introducing section 210 on international human trafficking and section 210(a) on organized cross border trafficking.
The Committee also notes the Government’s information on the application in practice of sections 186, 186(a) and 187, as well of section 185 on the “establishment of slavery and transport of slavery” of the Criminal Code. In 2015, the State Investigation and Protection Agency (SIPA) investigated five cases and submitted four of them to the Prosecutor’s Office; in 2016, the SIPA investigated nine cases and submitted one case involving nine suspects to the Prosecutors’ Office; while by May 2017, the SIPA investigated ten cases and submitted two of them involving three suspects to the Prosecutor’s Office. In Republika Srpska, from 2014 to 2016, four cases were investigated, leading to two prosecutions and two convictions. The Committee also notes the GRETA report 2017 that, in 2015, the courts handed down ten convictions against 14 persons, while in 2016, the courts handed down five convictions against ten persons, of which five persons received penalties of imprisonment and five received conditional sentences. The length of the prison sentences varied between four months and three years (paragraph 177). The Committee therefore requests the Government to continue providing information on the abovementioned provisions, including the number of investigations, prosecutions and convictions, as well as the specific penalties applied.
2. Programme of action. The Committee previously noted the adoption of the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2013–15 (SAP 2013–15), which covered the following areas: the improvement of the system of support in combating trafficking, the elaboration of preventive actions, the reinforcement of the prosecution system, the protection of victims, and the enhancement of cooperation among institutions at all levels.
The Committee notes the GRETA report 2017 that the implementation of the SAP 2013–15 was evaluated before drawing up the new one for 2016–19. About 80 per cent of activities envisaged in the action plan have achieved the expected results. The main factors influencing the failure to achieve the objectives include lack of political will, financial resources or capacity, complex internal structure, unclear and conflicting jurisdiction, unstable political situation and difficult economic situation, among others. Based on the recommendation of the evaluation, the new SAP for 2016–19 was adopted on 31 December 2015. The coordination and assessment of its implementation is entrusted to the monitoring team set up for this purpose (paragraphs 25 and 26). The Committee therefore requests the Government to continue providing information on the implementation of the SAP for 2016–19.
3. Protection of victims. The Committee previously noted that the identification of victims is regulated by the Rules on the protection of victims and witnesses of trafficking of 2007, as well as the Rulebook on protection of alien victims of trafficking in persons of 2004. Victims are entitled to safe accommodation (shelters), medical assistance, access to information about their rights and legal assistance during criminal proceedings. In addition, pursuant to Law No. 36/08 on the movement and stay of aliens and asylum, a victim of organized crime and/or trafficking may be granted a temporary residence permit on humanitarian grounds for the purpose of providing protection and assistance for his/her rehabilitation and repatriation into the country of his/her habitual residence, or another country which will admit him/her. The Committee also noted that the SAP 2013–15 addressed the issue of compensation and legal redress of victims by referring to the creation of a special fund to assist them, and to the establishment of a system of compensation.
The Committee notes from the GRETA report 2017 that, 16 presumed victims of trafficking were identified in 2013, 49 in 2014, 35 in 2015 and 45 in 2016. The prevailing form of exploitation over this period was forced begging, sometimes combined with other forms of forced labour and/or sexual exploitation (92 victims), followed by sexual exploitation (34 victims, including one case of child pornography) and forced labour (15 victims) (paragraph 13). Moreover, a new paragraph 10 was added to section 186 of the Criminal Code, according to which victims of trafficking are not to be punished for their involvement in illegal activities to the extent that they were forced into such activities (paragraph 16). In addition, a new law on foreigners was enacted on 25 November 2015, providing that victims of trafficking who have been granted temporary residence on humanitarian grounds have access to the labour market and education. The Rulebook on protection of alien victims of trafficking in persons was also revised in 2016 (paragraph 17).
The Committee also notes that, according to the GRETA report 2017, although by law the prosecutor should inform the victim about the possibility to file a claim for compensation in criminal proceedings, in practice victims are discouraged to do so because it would prolong the proceedings. As a result, there is no information about any victim who actually received compensation from the perpetrator (paragraphs 134 and 135). Moreover, the GRETA report 2017 indicates that the State compensation scheme for victims has not been established due to political and financial difficulties. However, with the support of the Ministry of Security, a preliminary draft of law on the setting up of a compensation fund for victims of trafficking was developed and submitted to the Ministry of Justice for further processing. The Committee therefore requests the Government to provide information on measures undertaken to ensure that victims of trafficking receive appropriate compensation within a reasonable time limit. It also requests the Government to provide information on any progress made regarding the establishment of the State compensation scheme and the adoption of the draft law on the setting up of a compensation fund for victims of trafficking.
Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. The Committee previously noted that career military officers might terminate their employment upon request with a notice of 30 days. However, a request for resignation may be refused if the person was placed on educational leave and upon his/her return, failed to stay in service for the period of time specifically required for that type of education. Pursuant to section 143 of Law No. 88/05 on Service in the Armed Forces in Bosnia and Herzegovina, this stationary period is twice the period of education or scholarship. The Committee accordingly requested the Government to provide further information on the application in practice of section 143 of Law No. 88/05.
The Committee notes the Government’s information that, from 2011 to 2017, a total of eight cases were reported in which members of the armed forces left the service before the expiration of the mandatory service, arising from schooling, professional development or training scholarships, of which three persons were in the category of officer and five in the category of soldiers. Also, three of them abandoned the service without submitting a request, while five persons filed the request for service cessation. For the remaining period of mandatory service that they did not serve, a debt calculation was made based on the reimbursement of the financial costs incurred during their education or training, and an agreement of settlement was offered. In case of the refusal to reimburse the costs, the Ministry of Defence files a lawsuit through the Office of the Attorney General to the competent court. The Government emphasizes that no request for termination of military service is rejected and that the reimbursement of training costs is either voluntary through an agreement or ordered by a competent court.
Article 2(2)(c). Prison labour. The Committee previously requested the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained in practice in the Republika Srpska. The Government provided detailed information on the working conditions and entitlements of prisoners occupied in economic units of the penitentiary institutions, and indicated that during the reporting period there were no working sites organized outside the institutions.
The Committee notes the Government’s information in its report that, regulations providing for voluntary work activity of prisoners are still effective in Republika Srpska. In 2014, 79 prisoners worked out of the prison institutions (9.57 per cent of prisoners involved in work), while the number for 2015 and 2016 is 101 persons (12.78 per cent). The Government also indicates that there are no agreements made with private entities regarding the work of convicts serving a sentence.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework. In its previous comments the Committee requested the Government to provide information on the application in practice of section 186 of the Criminal Code of Bosnia and Herzegovina punishing trafficking in persons, and on any similar provisions applicable to the Republika Srpska and Brcko District.
The Committee notes with interest that under section 198(a) of the Criminal Code of the Republika Srpska and section 207(a) of the Criminal Code of Brcko District trafficking in persons is a criminal offence, and anyone committing such an offence is liable to a term of imprisonment ranging from three to 12 years. The Committee requests the Government to provide information on the application in practice of these provisions criminalizing trafficking in persons, indicating the number of investigations conducted, the judicial proceedings initiated and the penalties imposed. In this regard, the Committee also requests the Government to indicate the measures taken to strengthen the resources and capacities of the law enforcement bodies, including police officers, prosecutors and judges.
2. Institutional framework. The Committee notes the detailed information provided by the Government on the different action plans to combat trafficking covering the period from 2001 to 2013. Within the framework of these action plans, several measures have been taken, such as the creation of the position of a national coordinator for combating trafficking in order to ensure coordination of all relevant actors at the state and entity levels with a view to achieving an effective implementation of the action plans; awareness-raising activities; training of relevant law enforcement officials; the establishment of a database on victims of trafficking, as well as a database on criminal cases. The Committee also notes that, based on the experience and the assessment of the implementation of previous action plans, the Government has adopted the Strategy to Counter Trafficking in Human Beings in Bosnia and Herzegovina and an Action Plan for 2013–15. The Strategy covers the following areas: the improvement of the system of support in combating trafficking, the elaboration of preventive actions, the reinforcement of the prosecution system, the protection of victims, and the enhancement of cooperation among institutions at all levels.
The Committee notes that all this information demonstrates the commitment of the Government to combat the complex phenomenon of trafficking in persons. The Committee encourages the Government to pursue its efforts and requests it to provide information on the implementation of the Strategy to Counter Trafficking in Human Beings and its Action Plan 2013–15. It also requests the Committee to provide information on the results of any evaluation undertaken in this regard, as well as information on any obstacles identified and the measures envisaged to overcome them.
3. Protection of victims. With regard to the measures taken to protect victims of trafficking, the Committee notes that their identification is regulated by the Rules on the protection of victims and witnesses of trafficking of 2007, as well as the Rulebook on protection of alien victims of trafficking in persons of 2004. Victims are entitled to safe accommodation (shelters), medical assistance, access to information about their rights and legal assistance during criminal proceedings. In addition, pursuant to Law No. 36/08 on the movement and stay of aliens and asylum, a victim of organized crime and/or trafficking may be granted a temporary residence permit on humanitarian grounds for the purpose of providing protection and assistance for his/her rehabilitation and repatriation into the country of his/her habitual residence, or another country which will admit him/her. Lastly, the Committee notes that the Strategy to combat trafficking and the Action Plan for 2013–15 address the issue of compensation and legal redress of victims by referring to the creation of a special fund to assist them, and to the establishment of a system of compensation. The Committee requests the Government to continue to provide information on the measures taken to strengthen the protection and assistance provided to victims of trafficking, indicating in particular whether the system for compensation of victims has been established.
Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that career military officers might terminate their employment upon request with a notice of 30 days and asked the Government to indicate whether a resignation request could be refused.
The Committee notes the Government’s statement, that a request for resignation may be refused if the person was placed on educational leave and upon his/her return, failed to stay in service for the period of time specifically required for that type of education. The Committee notes that according to section 143 of the Law No. 88/05 on Service in the Armed Forces in Bosnia and Herzegovina, military personnel and military scholars are required to stay in service for a period which is twice the period of education or scholarship. The Committee recalls that persons who have benefited from a training, a scholarship or study leave, even where this has been granted as the result of a freely concluded agreement, should also have the right to leave the service on their own initiative within a reasonable period that should be proportional to the length of the studies financed by the State, or through the reimbursement of the training that they have received. The Committee accordingly requests the Government to provide further information on the application in practice of section 143 of Law No. 88/05 on Service in the Armed Forces of Bosnia and Herzegovina, indicating the number of cases in which resignations were refused. The Committee also requests the Government to indicate whether members of the armed forces who have benefited from training or a study leave may resign before the completion of the period for which they undertook to remain in service, if they reimburse part of the cost of the training received.
Article 2(2)(c). Prison labour. In its previous comments, the Committee requested the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained in practice in the Republika of Srpska. The Committee notes the detailed information provided by the Government on the working conditions and entitlements of prisoners occupied in economic units of the penitentiary institutions. The Government also indicates that during the reporting period there were no working sites organized outside the institutions. The Committee requests the Government to provide information in future reports on any arrangements concluded between the penitentiary institutions and private entities aiming at providing work to persons serving a sentence of imprisonment and, where appropriate, to indicate how the free and informed consent to work is formally given.
Article 2(2)(d). Cases of emergency. Referring to its previous comments on the guarantees provided to ensure that work exacted during a state of emergency is limited to what is strictly required by the exigencies of the situation, the Committee acknowledges the information provided by the Government on Law No. 50/08 on Protection and Rescue of People and Tangible Assets against Natural and Other Catastrophes, according to which safeguards limit the power to call up citizens in cases of emergency.

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Communication of texts. The Committee again requests the Government to supply, with its next report, a copy of the Law on Execution of Criminal and Minor Offence Sanctions in the district of Brcko.
Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. The Committee notes the information provided by the Government in its report, according to which no cases of refusal of civil servants’ requests for resignation under sections 50 and 51(1) of the Law on Civil Service in the Institutions of Bosnia and Herzegovina have been reported. It notes, in particular, the Government’s indication that the above provisions protect workers’ right to unilaterally withdraw from service and, therefore, no limitations on such right can be imposed by the competent authorities.
2. Freedom of career members of the armed forces to leave their service. The Committee previously requested the Government to indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request. In its report, the Government refers in this connection to Chapter XVIII of the Law on Service in the Armed Forces of Bosnia and Herzegovina, according to which career military officers might terminate their employment upon request, with a notice period of 30 days. Please indicate whether the resignation request can be refused and, if so, what could be the grounds for refusal.
Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee notes the Government’s indication in the report that compulsory military service was abolished in 2004 and the armed forces became fully contract based.
Article 2(2)(c). Prison labour. The Committee notes the detailed information supplied by the Government in its report concerning the policy on prisoner employment in the Republika Srpska under the Law on the Execution of Criminal Sanctions. It notes, in particular, the Government’s indication that under section 91 of the above Law convicts should perform labour at an economic unit either in the penal institution or outside. According to section 21, convicts shall perform work only if they have given their voluntary consent. The Committee therefore requests the Government to indicate how the voluntary consent of the prisoners to work for private enterprises is obtained, and whether such consent is free from the menace of any penalty, including the loss of rights or privileges. Please also supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as of any contracts between prisoners and a private enterprise. Please also provide information regarding the conditions of work of persons serving a sentence of imprisonment in the Republika Srpska and in the Brcko district.
Article 2(2)(d). Cases of emergency. The Committee notes the provisions of the Law on Defence communicated by the Government with its report. The Committee requests the Government to provide a copy of the Law on Protection and Rescue of People and Tangible Assets against Natural and Other Catastrophes of Bosnia and Herzegovina, to which reference has been made in the Government’s report. Please state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.
Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of section 186 of the Criminal Code of Bosnia and Herzegovina punishing trafficking in persons. In the absence of information from the Government on this matter, the Committee reiterates its request to the Government to provide detailed information on the application of such provision in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please indicate whether similar provisions have been adopted in the Republika Srpska and the Brcko district. Please also provide information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, which have been taken under the Action Plan for Prevention of Human Trafficking (2001) and the Regulations on the protection of foreigners who have become victims of trafficking in persons (23 June 2004), supplying copies of the relevant documents and available statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as for example, section 147 of the Criminal Code of Bosnia and Herzegovina (unlawful deprivation of a person’s freedom) or section 185 (slavery) and corresponding sections of the Criminal Codes of the Republika Srpska (section 145) and the Brcko district (section 176), and supply information on the penalties imposed.

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The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws on execution of the criminal and misdemeanour sanctions in the Republika Srpska and the district of Brcko, as well as the Law on Defence of Bosnia and Herzegovina, to which reference has been made in the Government’s reports.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. The Committee notes that under section 50(1)(a) of the Law on Civil Service in the Institutions of Bosnia and Herzegovina, civil servants may voluntary resign from the service. However, under section 51(1), a civil servant will be dismissed by the agency upon prior opinion of the competent institution. The Committee requests the Government to clarify the procedure for the resignation of civil servants, indicating, in particular, whether their request can be refused by the competent authority and what could be the grounds for refusal.

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee has noted Regulations of 30 June 2005 on remuneration of prisoners’ work in the penitentiary establishments. Please supply copies of any other provisions governing the work of persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

Article 2(2)(d). Cases of emergency. The Committee notes the Government’s statement in its first report on the application of the Convention that the national legislation shall secure that the work exacted in the situation of emergency is carried out only in justified instances and only during the period of the duration of such a situation. The Committee requests the Government to provide a copy of the provisions governing these issues. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the provisions of section 186 of the Criminal Code of Bosnia and Herzegovina punishing trafficking in persons for the purpose of exploitation with severe penalties of imprisonment. The Committee requests the Government to provide information on the application of section 186 in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please indicate whether similar provisions have been adopted in the Republika Srpska and the Brcko district. Please also provide information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, which have been taken under the Action Plan for Prevention of Human Trafficking (2001) and the Regulations on the protection of foreigners who have become victims of trafficking in persons (of 23 June 2004), supplying copies of the relevant documents and available statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as e.g. section 147 of the Criminal Code of Bosnia and Herzegovina (unlawful deprivation of a person’s freedom) or section 185 (slavery) and corresponding sections of the Criminal Codes of the Republika Srpska (section 145) and the Brcko district (section 176), and supply information on the penalties imposed.

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