Trafficking in human beings for the purpose of labour exploitation - A ...

employment (revised), No. 105, abolishment of forced labour, and No. 142, migrant
workers (additional provisions).
The ILO Conventions oblige State parties to prevent forced or compulsory labour
in any form. The States also agree that they cannot “impose or allow the imposition of
forced or compulsory labour for the benefit of natural persons, companies or associations.”
In practice, this means that States must adopt laws that ensure punishment of natural
persons who force others to work against their own will.
These ILO Conventions also grant protection to registered migrant workers and
States are obliged to provide for all migrants “treatment no less favourable than that
enjoyed by the nationals [of the given state].” This is very important for the protection of
victims of trafficking in persons, as many victims enter the country lawfully and only
later find that they are forced to perform work other than what was agreed, finding
themselves victims of exploitation. Therefore, provisions to protect this category
of migrants should be applied effectively to the category of victims of trafficking in
persons.
3.1. Criminal Legislation in Bosnia and Herzegovina
Trafficking in Human Beings for the Purpose of Labour Exploitation: A reference paper for Bosnia and Herzegovina
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3.1.1 Trafficking related offences
In BiH, trafficking in human beings is defined as a separate criminal offence in the
Criminal Code of BiH (CC BiH). In 2003, when the CC BiH was enacted, it included
the definition of trafficking pursuant to the Palermo Protocol. Recent amendments
to the CC BiH 36 ensure State level compliance with the CoE Convention and provide
a comprehensive definition of trafficking in human beings. The CC BiH also provides
for related criminal offences such as the offences of Establishment of Slavery and
Transport of Slaves, 37 International Procuring in Prostitution 38 and Smuggling of
Persons. 39
Due to the competencies provided in the Constitution of BiH with regard to criminal
legislation, defining trafficking does not end at the State level. BiH has four separate
criminal jurisdictions, each with its own criminal code. The Criminal Codes of the
Federation of BiH (CC FBiH) and Brčko District (CC BD) contain the criminal
offence of “enticement into prostitution” yet the offence, as such, is not in line with
the requirements of the CoE Convention regarding the elements necessary for
the definition of human trafficking. This offence is restricted to prostitution as the
36 CC BiH Official Gazette of BiH No. 3/03, 32/03, 37/03, 54/04, 61/04, 30/05, 53/06, 55/06, 32/07, 8/10).
37 CC BiH, Article 185
38 CC BiH, Article 187
39 CC BiH, Article 189