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BOSNIA AND
HERZEGOVINA
ECPAT
A report on the scale, scope and context of
the sexual exploitation of children
November, 2018
International
Table of contents
This publication has been produced with the Preface 1
financial assistance of the Swedish International
Development Cooperation Agency (Sida), The At a Glance 2
Oak Foundation, Irish Aid and the Hilton Prize Introduction 4
Coalition.
The Context of the Sexual Exploitation
The views expressed herein are solely those of of Children in Bosnia and Herzegovina 6
ECPAT International. The support from these
donors does not constitute endorsement of the International, Regional and National
opinions expressed. Commitments and Legislation on the Sexual
Exploitation of Children 13
This publication was written by:
National Response to the Sexual
Sunethra Sathyanarayanan
Exploitation of Children 20
With assistance from: Child, Victim and Survivor Participation 29
Mark Kavenagh and Andrea Varrella
Recommendations for Action 30
Design and layout by:
Manida Naebklang Acronyms 32
This report was also developed in collaboration
with the International Forum of Solidarity-
EMMAUS (IFS-EMMAUS), the ECPAT Member in
the country.
Extracts from this publication may be
reproduced only with permission from
ECPAT International and acknowledgment
of the source and ECPAT International.
A copy of the relevant publication using
extracted material must be provided to
ECPAT.
Suggested citation:
ECPAT International. (2018). ECPAT Country
Overview: Bosnia and Herzegovina.
Bangkok: ECPAT International.
© ECPAT International, 2018
Published by:
ECPAT International
328/1 Phaya Thai Road, Ratchathewi,
Bangkok, 10400 Thailand
Tel: +662 215 3388 |www.ecpat.org | info@ecpat.orgPreface Recent years have seen unprecedented progress ECPAT Country Overviews also suggest concrete towards embedding the child’s right to protection priority actions urgently needed to proactively from sexual exploitation more deeply into the advance the national fight against SEC and global agenda, no more so than the global enable the monitoring of the implementation of mandate to eliminate the sexual exploitation international instruments on child rights related to of children (SEC) enshrined in the Sustainable sexual exploitation that have been ratified by the Development Goals (SDGs) adopted by world State. Furthermore, the ECPAT Country Overviews leaders in 2015. ECPAT Country Overviews on SEC provide well-organised information and research, provide an effective tool for advocacy at all levels which can be used in preparing Alternative Reports as well as for monitoring, including on government and Additional Submissions to the Committee commitments made in the SDGs to end violence on the Rights of the Child and the Human Rights against children in all its different forms by 2030. Council. ECPAT Country Overviews are first and foremost, During the process, drafts are shared with ECPAT a desk review exercise that gather and present members, relevant local organisations, and experts all the existing publicly available information working on the ground who review the content into a comprehensive summary of all forms of and supplement the information with other local SEC in a country. They do not contain any new sources and analysis. ECPAT International greatly primary data. They also provide an assessment relies on the contributions of all those involved in of achievements and challenges in implementing producing these reports and would like to express counteractions - including the participation of its profound appreciation for their invaluable children themselves - to eliminate SEC. inputs. Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 1
At a Glance
Bosnia and Herzegovina (BiH) is a country with targeted for the purpose of online child sexual
a highly complex and decentralised system of exploitation. Law enforcement officials have
administration. The impact of such a fragmented found literature and online content that trains
system of governance has influenced the socio- and encourages sex offenders to sexually exploit
political dynamics of the country in various children. However, except Republika Srpska, none
regards. Needless to say, it also has a strong of the administrative units maintain a register with
influence on the sexual exploitation of children in the comprehensive records of convicted child sex
the country. The different and often inconsistent offenders. Republika Srpska passed the ‘Law on
criminal codes, and the inadequate cooperation the Special Register of Persons Directly Concerned
and coordination between the law enforcement for Criminal Activities of Sexual Abuse and Use of
officials of the different administrative units seem Children’ earlier this year.
to complicate the efforts taken towards countering
the different manifestations of sexual exploitation According to BiH’s Constitution, the international
of children (SEC). Efforts also include the country’s conventions ratified by the country supersede
commitment towards fulfilling its obligations under national legislation. Hence its obligations towards
various Council of Europe Conventions that it has fulfilling its international commitments is of
ratified towards this end. At present, BiH is not a high importance. The country is scheduled for
member of the European Union but is a potential a Voluntary National Review in 2019. BiH had
candidate member. established specific coordinating bodies such
as the Council for Children and Ombudsman for
The decentralised government and legal systems Children to carry out its duties towards protection
combined with factors such as poverty, high of children’s rights in the country. However, the
unemployment rate and discrimination based inadequate allocation of financial and human
on ethnicity exacerbate the circumstances resources, and lack of coordination among
facilitating SEC in the country. BiH continues to authorities seem to have hampered the work of
be a major source and destination for trafficking these bodies. NGOs such as IFS-EMMAUS and
of children for the purpose of sexual exploitation. Udružene žene have been playing a significant part
The State Coordinator for Combating Trafficking in combating SEC in the country. These NGOs have
in Human Beings has also identified an increase coordinated with the State in conducting several
in cases of cross-border trafficking for the educational and training workshops to facilitate
purpose of SEC. Children of Roma ethnicity are efforts to counter SEC. Although provisions to
more prone to becoming victims of SEC due enable child participation, compensation for
to poverty, social exclusion and lack of birth victims, and recovery and reintegration of victims
registration. Impoverished children are also the exist in theory, there have not been exemplary
most vulnerable to being subject to early and cases of such facilities being availed. The
forced marriages. These marriages are pursued as comprehensive data on such cases has also not
a source of stability and protection for children. been maintained by the State.
Children from poor families are also regularly
2 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINAPOPULATION INTERNET ACCESS
SOURCE: ITU Statistics 2017: Country Profile
SOURCE: The State of the World’s Children Report 2017
Children under 18 years Have internet access
18%
2017
82% 69.5%
POVERTY RATE
SOURCE: Poverty headcount ratio at national poverty lines: World Bank
MOBILE PHONE USERS
SOURCE: ITU statistics 2017 : Bosnia and Herzegovina Profile
Living under the na�onal poverty line
16.9%
0.5 m 98.1%
2017
98.1 mobile phone subscrip�ons
per 100 inhabitants
83.1%
CHILDREN’S RIGHTS UNDER THE LAW
Boys Girls
Age of consent for sex 14 14
Minimum age for marriage 18* 18*
Legal working age 15* 15*
Compulsory age of schooling 14** 14**
* With a few exceptions
** Obligatory education starts when a child reaches six years
and continues for a period of at least eight years.
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 3Introduction
COUNTRY OVERVIEW AND create inconsistencies between jurisdictions and
SPECIFIC VULNERABILITIES hinder the protection of child victims.5
While the total population of BiH adds up to
LEADING TO THE SEXUAL 3,517,000, the population of children under the
EXPLOITATION OF CHILDREN age of 18, amounts to 628,0006 which makes up for
about 18% of the population yet the expenditures
After the aggression on Bosnia and Herzegovina, for child protection from the total annual budget
the Dayton Peace Agreement1 went on to create are comparatively smaller than other expenses.
a complex, multi-ethnic, government with four For example, one of the earlier reports on
administrative units that have governed Bosnia development published by the Council of Ministers
and Herzegovina (BiH) since.2 The language Directorate for Economic Planning said that
that is predominantly used is Bosnian (52.9%), programmes aimed at demobilised veterans and
followed by Serbian (30.8%) and Croatian (14.6%) their families accounted for the vast majority of
which are all official languages of the state.3 BiH cash transfers for social protection measures while
comprises four tiers of governance, at the State, cash transfers to the poor, and child protection
Entity, Canton and Municipal levels.4 This level of programmes remained limited and provided
decentralization has also greatly influenced the uneven geographic coverage.7 The compulsory
legal systems in the country, for instance, there age of schooling in BiH is between 6 and 14 years.8
are four different Criminal Codes- for BiH, for the However, data on the net enrollment and literacy
administrative units of Republika Srpska (RS) and rate seems unclear. Poverty, social exclusion and
the Federation of Bosnia and Herzegovina (FBiH), the consequences of system gaps and weaknesses
and for the Brčko District (BD). Decentralized are the three main and interlinked factors that
governance such as this can lead to challenges challenge the fulfilment of the rights of children
when addressing the sexual exploitation of in BiH.9,10 The high unemployment rates and lack
children (SEC) because different legal provisions of opportunities and choices have aggravated the
1 Signed on 21 November 1995.
2 European Committee of the Regions. (n.d.). Bosnia and Herzegovina: Division of Powers. Europe: European Committee of the
Regions.
3 Central Intelligence Agency. (2018, September 26). The World Fact Book: Bosnia and Herzegovina. U.S.A: Central Intelligence
Agency.
4 European Committee of the Regions. (n.d.). Bosnia and Herzegovina: Division of Powers. Europe: European Committee of the
Regions.
5 Council of Ministers of Bosnia and Herzegovina. (2015, September 29). The First Periodical Report of Bosnia and Herzegovina on
Implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography. Sarajevo: Council of Ministers of Bosnia and Herzegovina.
6 UNICEF. (2017, December). The State Of The World’s Children 2017. 174. New York: UNICEF.
7 Council of Ministers Directorate for Economic Planning. (2015, July). Bosnia and Herzegovina Report on Development. 51. Sarajevo:
Directorate for Economic Planning.
8 Framework Law on Primary and Secondary Education in Bosnia and Herzegovina. (2003). Art. 16. (BiH).
9 Ferrone, L. and Chzhen, Y. (2015, April). Child Poverty and Deprivation in Bosnia and Herzegovina: National Multiple Overlapping
Deprivation Analysis. Florence: UNICEF Office of Research.
10 UNICEF. (n.d.). Working with and for Children. Bosnia and Herzegovina: UNICEF.
4 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINAcircumstances that render children vulnerable
to be trafficked in BiH. In this regard, trafficking corruption among local police continued to
for the purpose of early and forced marriages, contribute to the trafficking infrastructure in
exploitation in prostitution and other forms of Bosnia and Herzegovina at that time.15 Challenges
sexual exploitation have been identified among in coordination and cooperation between the
other things as the most common purposes for different administrative units in the country
trafficking of children.11 also hamper anti-trafficking efforts, including
efforts against trafficking for the purpose of
Social exclusion serves as an obstacle to the sexual exploitation of children.16 According to a
realisation of child rights in BiH. Social exclusion report by the Group of Experts on Action against
due to ethnicity is a major problem notably faced Trafficking in Human Beings (GRETA) concerning
by the Roma community. Studies have shown that the implementation of the Council of Europe
Roma children are at a disproportionately high Convention on Action against Trafficking in Human
risk of trafficking due to their low socio-economic Beings by Bosnia and Herzegovina,17 16 presumed
status, low educational achievements, high victims of trafficking were identified in 2013, 49
unemployment and the pervasive, generational in 2014, 35 in 2015 and 45 in 2016. No data was
racism and discrimination they face.12 Roma available from government sources. The GRETA
children often also lack birth registration data indicated that the majority of the victims
documentation making it extremely difficult for were children (30 girls and 16 boys) during 2013
social welfare services to render protection. The and 2014. In the years 2015 and 2016, 27 child
lack of formal documentation also presents serious victims of trafficking were identified. The report
obstacles while rendering protection to victims of noted that between 2013-2016, children were
trafficking.13 trafficked for various reasons which also included
sexual exploitation and five cases of trafficking
Contextual factors like low economic growth, high for early and forced marriage.18 Reports have
unemployment rates, porous borders and limited also identified inadequate victim identification
law enforcement resources have led to BiH’s and victim protection processes, lack of victim-
status as a source, destination and transit country centered prosecutions and access to assistance
for human trafficking.14 Corruption among the outside of NGO-run shelters, as significant gaps
international community, including cases of UN that allow room for such offences to occur. Recent
staff taking part in trafficking during the conflict reports have also noted that the government
period paved the way for corruption among local penalised victims for the unlawful acts that were
government in later years, leaving no safe-haven committed as a result of them being subject to
for the trafficked women. According to a previous trafficking.19
report published in 2013 by a group of European
NGOs with the assistance of the European Union,
11 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. 9, 55. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
12 UNICEF. (2013). The Status of Roma Children and Families in Bosnia and Herzegovina. 30. Sarajevo: UNICEF.
13 UNICEF. (n.d.). Legal Aspects of Social Protection for Children in Bosnia and Herzegovina. 30. Sarajevo: UNICEF.
14 Ibid., 80.
15 ASTRA, IFS-EMMAUS, et al. (2013, September 30). Situation Analyses of Human Trafficking: Bosnia and Herzegovina, Croatia, FYR
Macedonia and Serbia. 8. Belgrade: ASTRA.
16 Ibid., 19.
17 Group of Experts on Action Against Trafficking in Human Beings (GRETA). (2017, July 17). Report Concerning the Implementation
of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina. Strasbourg:
Secretariat of the Council of Europe Convention on Action against Trafficking in Human Beings.
18 Ibid., 7.
19 U.S. Department of State. (2018, June). Trafficking in Persons Report. 104. Washington D.C.: U.S. Department of State.
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 5The context of the
sexual exploitation
of children in
Bosnia and
Herzegovina
THE CONTEXT OF SEXUAL administrative structure. For instance, the law of
EPLOITATION IN BOSNIA FBiH criminalizing “enticement to prostitution”22
AND HERZEGOVINA has resulted in law enforcement officers
treating children who are 14 years or older as
juvenile offenders who are willingly engaged in
Exploitation of children in prostitution prostitution, instead of treating them as victims.23
Studies have also suggested that a juvenile is more
Article 2(b) of the Optional Protocol to the likely to be treated as a victim if the police viewed
Convention on the Rights of the Child on him or her as being cooperative, had no prior
the sale of children, child prostitution and criminal records, and/or if there is a significant
child pornography (OPSC) defines ‘child presence of child exploiters, or pimps within the
prostitution’ as “the use of a child in sexual officer’s jurisdiction.24 These studies are indicative
activities for remuneration or any other form of the legal system placing the burden of proof of
of consideration”.20 exploitation on the child in such cases.25
The shortcomings in the legal system are also
As is the case around the world, the fight against rooted to the fact that the law enforcement
sexual exploitation of children in prostitution has agencies of the different administrative units
been ongoing for years in BiH, but it has taken do not communicate well with each other. The
new forms and patterns in the recent past. There complex legal framework has contributed to the
has been an alarming trend indicating victims of shift in the modus operandi of the organized
prostitution to be mostly children, increasingly criminals who exploit the weaknesses of the
boys.21 system to continue their involvement in such
offences through underground operations.26 The
The legal framework that outlaws exploitation exploitation of children in prostitution now takes
of children in prostitution lacks consistency and place in motels, private houses and residences,
efficiency, exacerbated by BiH’s complex unless the victims are taken abroad.
20 UN General Assembly. (2000, May 25). Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. (A/RES/54/263). Art. 2(b).
21 Mujanović, E., Muratbegović, E., et al. (2016). Trgovina ljudima u Bosni i Hercegovini. 16. Sarajevo: Centar za istraživanje politike
suprotstavljanja kriminalitetu (CPRC).
22 Criminal Code of Republika Srpska. (2017). Art. 198. (BiH).
23 U.S. Department of State. (2018, June). Trafficking in Persons Report. 106. Washington D.C.: U.S. Department of State.
24 Smith, M., Muftić, L. R. et al. (2015). Perceptions of the Sex Trade in Bosnia and Herzegovina: A Comparative Analysis of Practitioners
and Future Practitioners. International Criminal Justice Review. 4. Georgia: Georgia State University.
25 Group of Experts on Action against Trafficking in Human Beings (GRETA). (2017, July 17). Report Concerning the Implementation
of the Council of Europe Convention on Action against Trafficking in Human Beings by Bosnia and Herzegovina. 28. Strasbourg:
Secretariat of the Council of Europe Convention on Action against Trafficking in Human Beings.
26 ASTRA, IFS-EMMAUS, et al. (2013, September 30). Situation Analyses of Human Trafficking: Bosnia and Herzegovina, Croatia, FYR
Macedonia and Serbia. 9. Belgrade: ASTRA.
6 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINAOnline child sexual exploitation (OCSE) that one in six children (16%) did not know how to
block a person on social networking applications
such as Facebook and Viber or on mobile phone
Online child sexual exploitation (OCSE) can calls. As many as a third of children (30%) did not
include child sexual abuse/exploitation know how to block a person by e-mail. Every fifth
material (CSAM/CSEM),27 live streaming child (18%) had no knowledge of how to change
of child sexual abuse, online grooming the privacy settings on social networking sites and
of children for sexual purposes, sexual every fourth child (26%) did not know how to find
extortion of children and various CSAM/ information on safe Internet usage.33
CSEM-related conducts (production,
distribution, downloading).28 Article 2 (c)
of the OPSC defines ‘child pornography’ as
“any representation, by whatever means, of
a child engaged in real or simulated explicit
sexual activities or any representation of the
sexual parts of a child for primarily sexual
purposes”.29
BiH has seen a consistent rise of Internet users
over the years. International Telecommunication
Union’s statistics show that 69.5% of the total
population were identified as Internet-users
and 98% were mobile-phone users as of 2018.30
The rise of Internet availability also raises the
need to address risks of online child sexual
exploitation (OCSE). A recent study explored 23.1%
children’s behaviour on the Internet and traced children responded to
the attitudes of children, parents and teachers.31 such messages
It involved 390 parents, 22 teachers and 623
children between the ages of 9-17 years from 18
primary and secondary schools. A very high 90.4%
of students claimed to be social network users.
48% of children said that their parents have never 11.4% children agreed to
prevented them from using the Internet and 70% have a live conversa�on
of children said that their parents did not have with the person they met
much knowledge about it. Worryingly, the study online
showed that 48.5% children received messages
from unknown persons on the Internet, one in four
children (23.1%) responded to such messages and
one in ten children (11.4%) agreed to have a live These trends are indicative of emerging risks
conversation with the person they met online.32 where children are vulnerable to be targeted by
The study also indicated that a large number of predators online, and cases are emerging that
children shared their personal pictures, residential indeed confirm this in BiH. For instance, earlier this
addresses, pictures of their friends, their school year there was an incident involving a kindergarten
name, and details about their likes and dislikes on teacher from Banja Luka, who contacted a 13–
social networking sites. The results also showed year-old girl on Facebook asking her to send
27 ECPAT prefers the terms ‘child sexual exploitation material’ or ‘child sexual abuse material’, but in a legal context still uses ‘child
pornography’ in line with the recently widely adopted Terminology Guidelines.
28 ECPAT. (n.d.). Issues we work on. Bangkok: ECPAT International.
29 UN General Assembly. (2000, May 25). Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. (A/RES/54/263). Art. 2(c).
30 International Telecommunications Union. (2018). ITU Statistics: Bosnia and Herzegovina Profile. Geneva: International
Telecommunications Union.
31 Muratbegović, E. and Vujović, S. (December 2016, December). Ponašanje i navike djece na Internetu: stavovi djece,roditelja i
nastavnika informatike. 4. Sarajevo: Save the Children in North West Balkans.
32 Ibid.
33 Ibid., 5.
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 7explicit photographs of herself.34 Furthermore, compilation of data regarding all offenders who are
law enforcement officials from BiH have found convicted for trafficking children, abusing children
literature online that trains potential sex offenders older than 15 years of age, having a spousal
on how to communicate, gain trust and approach a relationship with children below 15 years of age,
child.35 They have also warned about the role that exploitation of children for the purpose of child
the 'darknet' plays in online sexual exploitation sexual abuse materials, displaying pornographic
in BiH. 36 The State Investigation and Protection content to a child, exploitation of information and
Agency (SIPA) received complaints regarding a communication technologies for the commission
Facebook group called “Zabranjene tajne incesta” of sexual abuse or exploitation of a child, referring
(Forbidden Secrets of Incest) which encouraged a child to prostitution and all other sexual offences
people to post incestuous, paedophiliac and that are committed to the detriment of children
pornographic content of children.37 According to and minors under the laws that have ceased to
the media, the group constituted more than 2000 exist in Republika Srpska.44
members who posted images, paedophiliac and
incestuous statuses about their own children and
close relatives.38 Research indicates that poverty
and societal perceptions allow room for online
child sexual exploitation to occur. Perpetrators
particularly target children from poor families.39
Thus, in BiH where about 17%40 of the population
lies below poverty line, online child sexual
exploitation continues to be a risk.
BiH law enforcement has noted that between
2013 and 2018, there was an increase in known
perpetrators and resolved cases of crimes related
to child sexual abuse materials in FBiH. They said
that there were 14 perpetrators registered in
2017.41 It is important to note that despite the
increase in the number of cases of online child
sexual exploitation, BiH continues to be one of
the few European states that does not have a
register of child sex offenders. However, Republika
Srpska’s National Assembly has recently adopted
the ‘Law on Special Registry of Persons Finally
Convicted for the Criminal Offenses of Sexual
Abuse and Exploitation of Children’,42 earlier this
year.43 Police, courts and prosecutors shall have
the right to inspect this registry. This will be a
34 Svašta ću te naučiti! Je li ti smeta što sam stariji? Pedofil koji radi u vrtiću u Banja Luci tražio od devojčice (13) da mu pošalje
golišave slike (Foto). (2018, August 6). Kurir.
35 Armin, L. (2018, April 15). Osobe iz BiH u mračnim međunarodnim kanalima dječije pornografije i pedofilije. Cazinnet.
36 An encrypted internet space where perpetrators are known to exchange illegal materials such as CSAM.
37 Bogosav, B. (2017, August 18). “Majke, imate li ćerkice za taticu” Otkrivene grupe u kojima pedofili iz Srbije i regiona razmenjuju
užase na Fejsbuku. Blic.
38 Institution of the Human Rights Ombudsman of Bosnia and Herzegovina. (2018, March). 2017 Annual Report on the results of the
activities of the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina. 83. Sarajevo: TMP Association for the
employment of blind and semi-blind persons Ltd.
39 Muratbegović, E. and Kepes, N. (2013, September). System for Protection of Children Against Child Pornography and Other Forms
of Sexual Abuse and Exploitation through Information and Communication Technologies in Bosnia and Herzegovina. 6. Sarajevo:
Centar za istraživanje politike suprotstavljanja kriminalitetu (CPRC).
40 World Bank. (n.d.). Poverty headcount ratio at national poverty lines: Bosnia and Herzegovina. Washington D.C.: World Bank.
41 Armin, L. (2018, April 15). Osobe iz BiH u mračnim međunarodnim kanalima dječije pornografije i pedofilije. Cazinnet.
Bogosav, B. (2017, August 18). “Majke, imate li ćerkice za taticu” Otkrivene grupe u kojima pedofili iz Srbije i regiona razmenjuju
užase na fejsbuku. Blic.
42 Law on The Special Register of Persons Directly Concerned for Criminal Activities of Sexual Abuse and Use of Children. (2018). (BiH).
43 Republika Srpska dobila Zakon o registru pedofila. (2018, March 29). Aljazeera.
44 Law On The Special Register Of Persons Directly Concerned For Criminal Activities Of Sexual Abuse And Use Of Children. (2018). Art.
4. (BiH).
8 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINASale and trafficking of children for sexual purposes
The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime (Palermo
Protocol), defines ‘trafficking in persons’ as “the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving
of payments or benefits to achieve the consent of a person having control over another person, for the
purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs”.45
In case of child victims, Article 3 (c) of the Protocol specifies that “the recruitment, transportation,
transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking
in persons’ even if it does not involve any of the means stipulated in Article 3 (a)”.46 In other words, the
Protocol recognises that children can never be willing participants to their own exploitation.
For its part, the OPSC deals with the ‘sale of children’, defined as “any act or transaction whereby a child is
transferred by any person or group of persons to another for remuneration or any other consideration”.47
Both concepts are often used in conjunction and without any clear distinction. However, despite a certain
overlap, ‘sale of children’ is not identical to ‘trafficking’. The ‘sale of children’ always involves some
form of commercial transaction, which trafficking in children does not require, but does not necessarily
include the purpose of exploiting a child )e.g. sale of children for illegal adoption). Therefore, ‘sale of
children’ is not necessarily related to sexual abuse and sexual or other forms of exploitation. Lastly, the
‘sale of children’ can take place without physically moving the child out of his/her social environment,
whereas trafficking inherently depends on the movement of the child.48
Trafficking of children in BiH mostly occurs within were trafficked for the purpose of early and forced
the borders of the country. But recently, sporadic marriage. Of the total victims, 47 were minors.
cases of cross-border trafficking for the purpose While 2 of these victims were foreign nationals,
of sexual exploitation have been recorded. These 81 of them were nationals of BiH.51 This indicated
victims are also being trafficked to other European an increase from 2016’s numbers of 48 victims
countries.49 in total, though the increase could be attributed
to improvements in reporting and recording the
A report on the ‘State of Human Trafficking in BiH crime.
in 2017’,50 prepared by the State Coordinator for
Combating Trafficking in Human Beings identified Studies suggest that victims of trafficking,
83 victims of trafficking in 2017. Of these, 10 especially those who are trafficked for the purpose
victims were trafficked exclusively for the purpose of prostitution, are often additionally subjected
of sexual exploitation in prostitution and 2 children to social rejection and criticism.52 These victims
45 UN General Assembly. (2000, November 15). United Nations Convention against Transnational Organized Crime, Annex 2:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (Palermo Protocol). Res. 55/25 of 15. Art. 3 (a).
46 Ibid., Art. 3 (c).
47 UN General Assembly. (2000, May 25). Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. (A/RES/54/263). Art. 2(b).
48 ECPAT International. (2016, January 28). Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual
Abuse. 58. Bangkok: ECPAT International
49 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
50 Ibid.
51 Ibid.
52 Dubačkić, A., Planinčić, D. et al. (January 2017, January). Radna i seksualna eksploatacija djece i žena u BiH - Monitoring i proaktivni
pristup borbi protiv trgovine ljudima. 27. Vlasenica: Asocijacija za istraživačku djelatnost i sprovedbu proaktivne kriminalne politike.
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 9were not provided sufficient protection as under Poverty, high unemployment rates and financial
Art. 6 of the Palermo Protocol and Art. 12 of the instability widely prevalent in the country have
Council of Europe Convention on Action against also been identified as major reasons rendering
Trafficking in Human Beings, which guarantee children vulnerable to being trafficked for the
security and protection to the victims of trafficking. purposes of SEC.55 As mentioned previously, these
Reports have suggested that insensitive reactions factors especially make Roma children vulnerable
from the courts and prosecutors towards victims’ to being trafficked, exploited and/or abused.
safety is particularly worrying.53 Furthermore, The State Coordinator’s report notes that Roma
the Organization for Security and Cooperation women who are a part of the human-trafficking
in Europe (OSCE) mission to BiH monitored 57 network, had been identified recruiting girls with
human trafficking and related cases that were disabilities for the purpose of sexual exploitation.
prosecuted in 2017. The cases involved 96 accused The report also notes that there is still evidence
(81 men and 15 women) and 39 child victims (20 of societal prejudice with regard to cases of
girls and 19 boys) who were trafficked for different trafficking i.e. victims, including exploited children,
purposes including the production of child sexual are often branded as prostitutes and attract little
abuse material (8 boys), sexual exploitation in empathy, rather than being considered the victims
prostitution (5 girls) and forced begging (6 girls and that they are.56 While the number of foreign
10 boys).54 victims in BiH may be declining, the number of
domestic victims trafficked to other countries is on
the rise.
TRAFFICKING OF
CHILDREN FOR SEXUAL Sexual exploitation of children in travel
and tourism (SECTT)
EXPLOITATION IN 2017
8 BOYS 5 GIRLS
The sexual exploitation of children in travel
and tourism (SECTT) is defined as any
“acts of sexual exploitation embedded in a
context of travel, tourism, or both”.57 The
UNWTO Framework Convention on Tourism
Ethics recognises that the exploitation of
children conflicts with the fundamental aims
of tourism and should be strongly combated
with the cooperation of all the States
concerned.58
According to the latest governmental statistics on
tourism, in February 2017, BiH had about 56,042
tourist arrivals into the country, which represents
a 7.2% increase compared to February 2016.59
These figures accounted for tourist nights spent
by 25.5% tourists from Croatia, 21.2% from Serbia,
53 Ibid., 27, 28.
54 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. 41. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
55 ASTRA, IFS-EMMAUS, et al. (2013, September 30). Situation Analyses of Human Trafficking: Bosnia and Herzegovina, Croatia, FYR
Macedonia and Serbia. 10. Belgrade: ASTRA.
56 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. 63. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
57 ECPAT International, Defence for Children, Ministry of Foreign Affairs of the Netherlands. (2016, May). Offenders on the Move:
Global Study on Sexual Exploitation of Children in Travel and Tourism (hereinafter Global study on SECTT). Bangkok: ECPAT
International.
58 UN General Assembly. (11-16 September 2017). Consideration, approval or adoption of the UNWTO Framework Convention on
Tourism Ethics. UN Doc. A/RES/707(XXII). Art. 5 (3).
59 Agency for Statistics of Bosnia and Herzegovina. (2017, April 6). Tourism Statistics. Sarajevo: Agency for Statistics. Sarajevo: Agency
for Statistics of Bosnia and Herzegovina.
10 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA7.7% from Slovenia, 4.7% from Turkey, 3.2% from poor economic conditions. These children are
Germany and 37.7% from other countries.60 The commodified and sold within larger global markets
2016 Global Study on the Sexual Exploitation of tourism, entertainment, advertisement and
of Children in Travel and Tourism suggested media, which allow women and children to be
that low-cost airlines, more travel for business transported, bought and sold.67
and labour, cheaper forms of tourism and rapid
tourism development often expose children to Child, early and forced marriage (CEFM)
greater risks.61 With BiH’s tourism industry steadily
growing, the risk of SEC in travel and tourism is
also growing. There is a need for improvements in The Terminology Guidelines for the
the legal framework to combat sexual exploitation Protection of Children from Sexual
of children in travel and tourism. As of now, there Exploitation and Sexual Abuse (Luxembourg
is no concrete legislation or legal provision that Guidelines) define ‘child marriage’ as “a
specifically deals with this issue. However, it marriage in which at least one of the parties
is important to note here that three travel and
tourism companies with operations in BiH – is a child. It also refers to the act of marrying
Adventure Travel and Trade Association, Altruvistas off children, usually young girls, with or
and ANWB Reizen Beheer BV have signed the Code without their consent”.68 Some forms of child
of Conduct for the Protection of Children from marriage are related to commercial sexual
Sexual Exploitation in Travel and Tourism (The exploitation of children, in cases where child
Code).62 marriage is linked to forced child labour,
slavery and bondage, servitude or payment
As an example of the risks that come with growing of a dowry.69
tourism, the city of Mostar is a popular tourist
destination in BiH. Media reports indicate that a
large number of outsiders visit the city throughout According to a report published in March 2018
the year and clandestine human trafficking for by UNICEF, 4% of girls in BiH were married before
the purpose of sexual exploitation in the city their 18th birthday between 2010 and 2017.70 The
often goes undetected. 63,64 The State Coordinator most recent Multiple Indicator Cluster Survey
report on the State of Human Trafficking reiterates (MICS) says early and forced marriages occur more
that Bišće polje, which is an area located in frequently to girls (10%) in BiH as compared to
the southern part of Mostar, has become an the boys (less than 1%).71 The survey also noted
unofficial collection center for the Roma children that the proportion of child marriages that took
trafficked not only within the country, but also place in rural areas was higher (12%) than in urban
from Kosovo and Serbia.65 These children are then areas (5%).72 A UNICEF report on Child Poverty
trained to beg and perform sexual services.66 It and Deprivation in Bosnia and Herzegovina from
is well established that offenders who indulge in 2015, has discussed the link between poverty and
trafficking of children for the purpose of sexual the dimensions of child well-being in the domains
exploitation target vulnerable families with of survival, development, protection and social
60 Ibid.
61 ECPAT International, Defence for Children, Ministry of Foreign Affairs of the Netherlands. (2016, May). Offenders on the Move:
Global Study on Sexual Exploitation of Children in Travel and Tourism (hereinafter Global study on SECTT). 13. Bangkok: ECPAT
International.
62 ECPAT. (n.d.). The Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism: Signatories.
Bangkok: ECPAT International.
63 Prosjačenje, seksualna i radna eksploatacija najčešći slučajevi trgovine ljudima u Hercegovini. (2017, October 18). Bljesak.Info
64 Strava: Muškarce iz BiH prodaju u Azerbejdžan!. (2014, October 13). Depo Portal.
65 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. 62. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
66 Ibid.
67 Long, L. D (2006). Trafficking Exchanges and Economic Responses: Reflections from Bosnia- Herzegovina and Serbia. 17. Maryland,
U.S.A: Johns Hopkins University.
68 ECPAT International. (2016, January 28). Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual
Abuse. 63. Bangkok: ECPAT International.
69 ECPAT International and Plan International. )2015, (Thematic Report. Unrecognised Sexual Abuse and Exploitation of Children in
Child, Early and Forced Marriage. Bangkok: ECPAT International.
70 UNICEF. (2018, March). Global databases: Child Marriage. New York: UNICEF.
71 Pilav, A., Lolić A. et al. (2013, February). Bosnia and Herzegovina Multiple Indicator Cluster Survey (MICS) (2011- 2012). 94.
Sarajevo: UNICEF Office for Bosnia and Herzegovina.
72 Ibid.
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 11participation. The report concludes that children According to the MICS Survey 15% of Roma
from a rural area in BiH are deprived of more rights women aged between 20-49 years were married
in comparison to children from urban areas in the before the age of 15 while 48% were married
country.73 This pattern can also be identified in before the age of 18.75 The survey also showed that
situations concerning early and forced marriage of the highest percentage of child victims of early and
impoverished children in BiH, especially the Roma forced marriages belonged to the poorest wealth
children.74 quintile.76 Economically vulnerable Bosnian Roma
children are reported to be subjected to forced
begging and domestic servitude against their will
in forced marriages. A Roma NGO representative
reiterated that illiterate people are more prone
to enter child marriages, which may often serve
as a source of comfort.77 Research suggests that
circumstances such as poverty, protection of girls,
family honour and the provision of stability during
social periods are considered as significant factors
that push girls into a greater risk of being forced
into an early marriage.78 The State Coordinator’s
report confirms the continuance of the practice
of early and forced marriages in the state. In the
year 2017, 2 out of 83 victims of trafficking were
trafficked specifically for the purpose of early and
forced marriage with a child.79
48%
ROMA WOMEN
MARRIED BEFORE
18 YEARS OLD
73 Ferrone, L. and Chzhen, Y. (2015, April). Child Poverty and Deprivation in Bosnia and Herzegovina: National Multiple Overlapping
Deprivation Analysis. Florence: UNICEF Office of Research.
74 UNICEF. (2013). The Status of Roma Children and Families in Bosnia and Herzegovina. 57. Sarajevo: UNICEF.
75 Pilav, A., Lolić A. et al. (2013, February). Bosnia and Herzegovina Multiple Indicator Cluster Survey (MICS) (2011- 2012). 94.
Sarajevo: UNICEF Office for Bosnia and Herzegovina.
76 Ibid.
77 UNFPA. (2012, October) Child Marriage in Bosnia and Herzegovina (Overview). 6. Sarajevo: UNFPA Bosnia and Herzegovina.
78 Ibid.
79 State Coordinator for Combating Trafficking in Human Beings. (2018, March). Situation Report on Trafficking in Human Beings in
Bosnia and Herzegovina in 2017. 3. Sarajevo: State Coordinator for Combating Trafficking in Human Beings.
12 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINAInternational,
Regional
and National
Commitments
and Legislation
on Sexual
Exploitation of
Children
Status of ratification of relevant international and regional instruments, reporting to human rights bodies
and engagement with the special procedures of the Human Rights Council
International Instruments Date of ratification/accession
Convention on the Rights of the Child - 1989 1 Sep 1993 (Succession)
Optional Protocol on the Sale of Children, Child Prostitution and Child 4 Sep 2002
Pornography - 2000
Optional Protocol to the Convention on the Rights of the Child on a 17 May2018
communications procedure
ILO Convention on the Worst Forms of Child Labour - 1999 (No. 182) 5 Oct 2001
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, 24 Apr 2002
Especially Women and children – 2000 (supplementing the UN
Convention against Transnational Organized Crime)
International Instruments Date of ratification/accession
Council of Europe Convention on Action against Trafficking in Human 11 Jan 2008
Beings
Council of Europe Convention on the Protection of Children against Sexual 14 Nov 2012
Exploitation and Sexual Abuse (Lanzarote Convention)
Council of Europe Convention on Cybercrime (Budapest Convention) 19 May 2006
Council of Europe Convention on Contact concerning Children 14 Nov 2012
Human Rights Bodies Date of latest submitted report Comments
Committee on the Rights of the Nov 2009- Combined 2nd, 3rd & 4th yy “Develop appropriate
Child (CRC review) report submittedts of the Child (CRC legislation and legal
review) frameworks to ensure
the effective pursuit
of perpetrators as well
as assistance for and
protection of victims and
witnesses;
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 13Human Rights Bodies Date of latest Comments
submitted report
the Child (CRC review) yy Ensure commensurate sanctions for
perpetrators of child sexual exploitation
and abuse offences within its jurisdiction
and throughout its territory;
yy Improving the system of protection
against child pornography and other
forms of sexual exploitation and sexual
abuse of children through information
and communication technologies in
Bosnia and Herzegovina (2010-2012).”80
Committee on the Rights of Committee on the Rights yy “The State party develop a national
the Child (OPSC review) of the Child (OPSC review) plan of action aimed at addressing
specifically all issues covered under the
Optional Protocol and provide adequate
human and financial resources for its
implementation.
yy The state should criminalize the sale
of children by offering, delivering or
accepting, by whatever means, a child
for the purpose of sexual exploitation,
transfer of organs of the child for profit,
or engagement of the child in forced
labour or improperly inducing consent,
as an intermediary, for the adoption of a
child in violation of the applicable legal
instrument on adoption;
yy That the State party ratify the Council of
Europe Convention on the Protection of
Children against Sexual Exploitation and
Sexual Abuse.”81
Human Rights Council – Work- 8 Aug 2014 yy “Implement measures to reduce
ing Group on the Universal and eliminate child, early and forced
Periodic Review 8 Dec 2009 marriage, including by addressing factors
leading to high school drop-out rates
among Roma children
yy Create a national system for information
management to collect data on human
trafficking, including human traffickers
and identified victims.”82
80 UNCRC. (2012, November 29). Concluding Observations on the Consolidated Second to Fourth Periodic Reports of Bosnia and
Herzegovina, adopted by the Committee at its sixty-first session (17 September- 5 October 2012). (CRC/C/BIH/CO/2-4).
81 UNCRC. (2010, October 25). Consideration of reports submitted by States parties under article 12, paragraph 1, of the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography. (CRC/C/
OPSC/BIH/CO/1).
82 UNHRC. (2014, August 8). Universal Periodic Review: Bosnia and Herzegovina.
14 Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINAINTERNATIONAL AND REGIONAL COMMITMENTS
International commitments
Commitment Start date
The 2030 Agenda for Sustainable Developments – ZAMISLI 2030 2016
WePROTECT - an international movement dedicated to national and global action to end 2014
the sexual exploitation of children online.
International commitments
Commitment Start date
Palermo Anti-trafficking Declaration of South Eastern Europe 2014
Commitments on the Legalisation of the Status of Trafficked Persons 2002
Although the progress is slow, BiH has been FBiH, and Brčko District respectively. Recently, the
steadily working towards fulfilling its international various criminal codes were amended to ensure
and regional commitments on prevention of sexual compliance with the international conventions
exploitation of children. According to the Dayton that the country has ratified. Although the legal
Peace Agreement, the international conventions framework of BiH renders protection to children in
ratified by BiH supersede national legislation.83 several cases of sexual exploitation, actual access
The country has been making progress with to such protection often falls short. This is due to
its international and regional commitments by a number of inefficient and ineffective systems for
modifying existing legislation to meet international reporting, investigating, implementing activities,
standards.84 However, there are still steps that and prosecution.
are needed. This can mainly be attributed to
the lack of adequate allocation of financial and Exploitation of children in prostitution
human resources to take on the task.85 The BiH’s
SDG commitments (Zamisli 2030) have still not Despite the existing evidence on the exploitation
reached the stage of implementation. The country of children in prostitution, the legal framework
is still in the process of developing a roadmap for does not comprehensively address this issue.
implementation.86 BiH is scheduled for a Voluntary Although all the Criminal Codes have a provision
National Review on the implementation of the UN that touches upon the issue of prostitution, either
Sustainable Development Goals (SDGs) for the year they do not meet the international legal standards
2019. Therefore, there is a need now more than of criminalising all relevant elements of the act,
ever to develop strategies to prevent and combat or they do not provide a provision applicable to
SEC-related crimes to make significant progress children specifically. While all the Criminal Codes in
towards achieving its SDG commitments. the country outlaw “Enticement to Prostitution”,87
they do not criminalise the offence of exploitation
National legislation of children in prostitution specifically, as required
by the OPSC. The Criminal Codes of BiH and BD
The legal framework of BiH is reflective of its punish the acts of enticing, luring, inciting and
decentralised organisational structure, wherein organizing prostitution, but these provisions do
there are separate criminal codes for the state of not mention the offence with regard to children.
BiH as a whole, the administrative units of RS and Although Art. 204 of the Criminal Code of BD
83 Council of Ministers of Bosnia and Herzegovina. (2015, September 29). The First Periodical Report of Bosnia and Herzegovina on
Implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography. 2. Sarajevo: Council of Ministers of Bosnia and Herzegovina.
84 Sarajevo, N1. (2018, September 17). Foreign embassies welcome Criminal Procedure Code changes. N1 English Edition.
85 See generally Commission Staff Working Document. (2018, April 17). Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Strasbourg: European
Commission.
86 Bosnia and Herzegovina Association for United Nations. (2018, June 13). High Level Sustainable Development Goals Business
Conference- Hotel Hills, Sarajevo. Sarajevo: Bosnia and Herzegovina Association for United Nations.
87 Criminal Code of Federation of Bosnia and Herzegovina 46/16. Art. 210. (BiH); Criminal Code of Brčko District of Bosnia and
Herzegovina 26/16. Art. 207. (BiH); Criminal Code of Bosnia and Herzegovina 40/15. Art. 187. (BiH). Criminal Code of Republika
Srpska 64/17. Art.189. (BiH).
Country Overview: A report on the scale, scope and context of the sexual exploitation of children in BOSNIA AND HERZEGOVINA 15punishes “sexual intercourse with a child”, the falls short of the legal commitments of the country
section is not sufficient to offer protection against under the OPSC.
exploitation of children in prostitution as it does
not include the element of exchanging sexual However, the new Criminal Code of RS passed
services for the purpose of consideration or in 2017 has made commendable progress in
remuneration. The criminal codes of FBiH and RS addressing the various forms of OCSE. This
are slightly more wide-ranging as Art. 210 of the legislation firstly criminalises the production,
FBiH Criminal Code offers greater punishment to dissemination, import, export, sale, distribution
persons who commit the offence against children and possession of CSAM.92 This provision goes
and Art.189 of the RS Criminal Code does the same a step further by also criminalising such acts
under a separate provision that talks specifically with regard to the sexual abuse material which
about enticement of children to prostitution. involves a person who “looks like a child” in real
or explicitly simulated evident sexual behaviour.93
There is a strong need for criminalising all Art. 176(3) of this legislation explicitly punishes a
the elements of the offence of exploitation in person who views a pornographic performance
prostitution itself and with regard to children live or by any other means of communication in
specifically. Besides criminalising this offence, the which a child has participated. Art. 175 and 176
law should explicitly address the disadvantaged also punish the use of force, threat, deceit, abuse
position of children in such circumstances by of position or difficult circumstances of a child,
shifting the burden of proof towards the persons or relationship of dependency or compulsion of a
accused of committing such crimes. The existing child to record CSAM, respectively. Finally, Art.178
law enforcement practices of the administrative of the Criminal Code of RS punishes the “utilization
units do not address the plight of children who of computer networks or communication with
have been exploited in prostitution. Rather, the other technical means for the commission of
law enforcement mechanisms re-traumatise them criminal offenses of sexual abuse or exploitation
by demanding proof that the perpetrators have of a child”. This provision criminalises the usage
incited, directed or forced the person into sexual of any means of communication for the purpose
exploitation.88 Thus, child victims end up being of sexual exploitation or for the production of
treated as “juvenile prostitutes”.89 pornographic material. This provision also has
the scope of covering offenses such as online
Online child sexual exploitation (OCSE) sexual extortion within its ambit. Therefore, the
provisions relating to OCSE and CSAM/CSEM under
The legal framework related to online child sexual the Criminal Code of RS are more in compliance
exploitation is also fragmented. Firstly, the Criminal with the legal obligations of the country under
Code of BiH does not contain provisions that deal OPSC. Such extensive and comprehensive
with OCSE-related offences. The Criminal Codes of provisions are not yet evident in the criminal
FBiH90 and BD91 criminalise the “abuse of a child or codes of the other administrative units. It has
juvenile for pornography”. Both the laws similarly to be noted here that in the year 2017, 12 cases
punish any person who photographs or films a were filed against exploitation of a child or minor
child for the purpose of pornography, imports or for CSAM-related conducts out of which seven
sells child sexual abuse material (CSAM). These indictments were made. Three cases were filed
provisions also punish incitement of a child to play against the production, possession and distribution
in pornographic shows, which could allow scope of CSAM out of which one indictment was made,
for the interpretation of the section to include the and two cases were filed on introduction of a
offence of live-streaming of child sexual abuse. child to pornography out of which one indictment
However, these provisions do not cover offences was made. This is an illustration of the continued
involving grooming or online sexual extortion, prevalence of such crimes till date.94
which are also significant and increasingly common
manifestations of OCSE. Therefore, the protection Crimes relating to OCSE are often difficult to
provided by the Criminal Codes of FBiH and BD detect because the criminal and the offence do
88 Ibid.
89 United States Department of State. (2018, June). Trafficking in Persons Report. 106. Washington D.C.: U.S. Department of State.
90 Criminal Code of Federation of Bosnia and Herzegovina 46/16. Art. 211. (BiH).
91 Criminal Code of Brčko District of Bosnia and Herzegovina 26/16. Art. 208. (BiH).
92 Criminal Code of Republika Srpska 64/17. Art. 175. (BiH).
93 Ibid., Art. 175(6).
94 Information provided by IFS-EMMAUS, the ECPAT Member in the country. (2018, October 26). BiH.
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