Dans le Monde :
1 enfant est abusé, violé, torturé, tué toutes les 30
secondes.
10 millions d’enfants ont
disparu, ont été abusés, prostitués, torturés ou assassinés dans le
Monde (source UNICEF).
2 filles sur 9 sont abusées sexuellement.
*********************
Le trafic d'enfants est en progression dans le monde, a affirmé en mars
2005 à Vienne l'Organisation pour la sécurité et la coopération en
Europe (OSCE), l'estimant à 1,2 million d'individus chaque année.
«Nous n'avons pas de chiffre exact mais nous savons qu'il est en
progression partout, grâce à des rapports de police et à des
informations qui nous sont données par des organisations non
gouvernementales», a déclaré Helga Konrad, représentante spéciale de
l'OSCE, chargée de la question du trafic des êtres humains.
«Les enfants représentent plus de 30 % du trafic des êtres humains»
dans le monde, a-t-elle ajouté, estimant que 1,2 million d'enfants sont
vendus chaque année pour servir de main-d'oeuvre dans l'agriculture, les
mines ou le commerce sexuel.
Selon elle, un «point de contrôle» installé à Belgrade pour
surveiller les Balkans a permis d'établir que la traite d'enfants de
moins de 18 ans avait doublé dans l'Europe du sud-est au cours des trois
dernières années.
**************
Dans les Balkans et en Europe orientale - surtout dans des pays comme
la Moldavie, la Roumanie et l'Ukraine - la traite des femmes est en
augmentation constante, la Bosnie-Herzégovine et la région du Kosovo
étant devenues d'importantes zones de transit sur le chemin de l'Europe.
**********
Enfants dans les Balkans
Lors d’une visite de Carol Bellamy, directrice générale
de l’UNICEF, à Ottawa le 16 juin 1999, l’ACDI a annoncé
que le Canada versera 1 million de dollars pour appuyer les efforts
de l’UNICEF en vue de répondre aux besoins humanitaires des femmes et
des enfants victimes de la crise des Balkans. L’UNICEF offrira des
services d’aide psychologique et sociale, des activités d’éducation,
comprenant par exemple la distribution de trousses pédagogiques et la
formation d’enseignants, ainsi que la mise en place de programmes de
sensibilisation aux mines terrestres. De plus, l’UNICEF offrira de
l’aide médicale et psychologique aux femmes et jeunes filles ayant été
victimes d’agression sexuelle. Depuis le début de la crise dans les
Balkans, l’UNICEF joue un rôle essentiel pour maintenir des services de
santé, d’aide psychologique et d’éducation auprès des enfants.
Toutes les activités mises en œuvre par l’UNICEF visent à offrir aux
enfants un milieu de vie se rapprochant le plus possible de conditions
normales.
Cet appui financer d’un million de dollars fait
partie de l’enveloppe canadienne de 45 millions de dollars consacrés
par le Canada à l’aide humanitaire et économique aux pays touchés par
la crise des Balkans.
Les enfants albanais travaillent dans l’agriculture,
la vente illicite dans les rues, dans les petits commerces. On les
retrouve aussi à laver des voitures, à faire les poubelles dans les
rues, à nettoyer les vitres dans les carrefours des grandes villes ou à
mendier. Les syndicats s’engagent dans la lutte contre ce phénomène.
_____________________________
ERM à Tuzla
Suite à une mission exploratoire en novembre 1995, ERM a mis en place en
avril 1996 un programme éducatif et psychosocial en faveur des enfants
bosniaques et leurs familles déplacés à Tuzla (Bosnie-Herzégovine)en
collaboration avec l'association locale BOSFAM (Bosniak Family).
Lors de la mission exploratoire nous constatons qu'il existe à Tuzla et
dans sa région de nombreuses initiatives en faveur des enfants. Mais nous
constatons aussi que les personnes ressources (enseignants, bénévoles de
formation diverses, psychologues)commencent à s'épuiser :
- soit parce qu'elles sont elles-mêmes déplacées
- soit parce qu'elles ne sont pas des professionnels, et il leur est donc
difficile de prendre du recul par rapport à leur pratique.
- soit parce que ces personnes travaillent sur la base du bénévolat et
compte tenu de la dégradation de la situation économique ne peuvent plus
subvenir à leurs besoins et à ceux de leur famille.
Il est évident que ces différentes raisons peuvent être combinées.
Par ailleurs les professionnels locaux font face à des situations
nouvelles pour lesquelles, pour la plupart, ils n'ont pas été préparés.
Les enfants peuvent être hyperactifs ou bien encore à l'inverse calmes
voire prostrés. Les réactions des enfants aux traumatismes sont souvent
inconnues par les professionnels et donc il est difficile pour eux de les
analyser et d'adapter leur pratique à des cas particuliers.
Les activités organisées sont nombreuses mais leurs objectifs dans le
cadre d'une prise en charge psychosociale des enfants réfugiés (en
d'autres termes les activités qui favorisent d'une part la récupération
après les traumatismes ou tout au moins leur expression et d'autre part un
développement harmonieux des enfants), ne sont pas suffisamment clarifiés
et supportés par des professionnels (psychologue, pédagogue, etc.).
Du fait de ce constat, nous avons proposé d'améliorer la qualité des
interventions dans les centres en aidant les professionnels locaux.
Enfants réfugiés du monde dans le cadre d'un partenariat offre à des
associations locales :
- d'assurer le salaire des personnes travaillant auprès des enfants dans
les centres
- d'améliorer la formation de ces personnes en favorisant l'intervention
de spécialistes lors de sessions de formations
- de diversifier les activités pour les enfants en engageant des
intervenants extérieurs
-- d'améliorer les conditions de travail.
Enfants réfugiés du monde a identifié l'association BOSFAM parmi 5
partenaires potentiels. Nous avons, afin de sélectionner l'association
locale, effectué des rencontres avec les membres des différentes
associations, des visites de leurs programmes et établi une grille de
sélection du partenaire.
La collaboration avec BOSFAM concerne à présent 2 centres d'activités
accueillant une centaine d'enfants chacun pris en charge par une dizaine
d'animateurs et intervenants.
Plusieurs types d'activités sont proposés aux enfants. Ces activités
permettent de leur offrir, dans un temps et un espace protégés, les moyens
de retrouver une vie d'enfant, de surmonter les difficultés de la guerre et
de l'exil et de stimuler leur désir d'apprendre. Parallèlement aux
activités, un soutien psychologique s'appuyant principalement sur les
activités collectives est apporté aux enfants. Un temps d'accueil
spécifique est prévu pour les parents. D'autre part afin de soutenir les
animateurs dans leur pratique, des sessions de supervision par un
psychologue-psychiatre local sont organisées.
Le dernier volet de la collaboration concerne la formation qui porte sur
le développement de l'enfant, la psychopédagogie et l'approche des
conséquences de la guerre et de l'exil.
Dans un futur proche nous souhaitons étendre cette collaboration à
d'autres centres et d'autres associations.
Information ERM
|
ALBANIA
Albania is a source country for women and children
trafficked for the purposes of sexual exploitation and forced labor,
largely to Greece and Italy, where many victims are then further
transited to the United Kingdom, France and the Netherlands.
Albanian children, especially ethnic Roma and Egyptian, continue to
be trafficked externally for forced begging. Regional and
international experts consider Albania to have significantly
decreased as a transit country for trafficking in Western Europe.
The Government of Albania does not fully comply with
the minimum standards for the elimination of trafficking; however,
it is making significant efforts to do so. The government remained
committed to monitoring and preventing trafficking at the
country’s main ports and produced successful interdictions.
However, implementation of Albania’s anti-trafficking tools
remained inadequate and a critical area of concern. Greater,
proactive steps in the areas of protection and reintegration are
needed to ensure the safety of victims. The government must apply
available laws and programs, in addition to improving prevention for
vulnerable groups. Trafficking-related corruption must also be
addressed.
Prosecution
In 2004, the Government of Albania continued to
arrest, prosecute, and convict traffickers. Its courts prosecuted
132 traffickers and handed down 121 convictions. Commendably, over
half of the sentences during the reporting period were over five
years in length and 30 traffickers were sentenced to more than ten
years’ imprisonment. In September 2004, the government adopted
legislation that includes broad civil asset forfeiture provisions,
requiring the accused trafficker to prove the legitimacy of sources
of wealth. Prosecutors, however, had yet to employ the forfeiture
provisions. Serious resource constraints and corruption among
government officials continued to hamper anti-trafficking efforts.
The government continued to investigate police involvement in
trafficking; in 2004, four police officers were investigated for
offenses related to trafficking. The government did not prosecute or
convict any officials for trafficking complicity during the
reporting period.
Protection
The government provided some facilities and
personnel to assist trafficking victims, and operates its own
National Reception Center; NGOs have two additional shelters. The
government has begun work on a national referral mechanism involving
law enforcement, social services, and NGO partners to improve the
initial identification, reception, protection, and reintegration
procedures for returnee victims. Police slightly increased the
number of ad hoc referrals made to shelters in Albania via IOM and
NGOs. Police referred 274 victims to the Vatra Center, a leading NGO
in Albania providing shelter and reintegration services to victims.
Notably, a number of police directorates opened their own temporary
shelters to accommodate trafficking victims. However, regulations
necessary for the implementation of witness-protection measures
adopted in 2003 have yet to be finalized. In 2004, the Government of
Albania established a witness relocation program and adopted special
witness protection provisions allowing for endangered witnesses in
trafficking cases to testify via remote video link. The program
remains unfunded.
Prevention
In 2004, the government conducted few prevention
programs, and continued to reply primarily on NGOs and international
organizations to carry out such activities. The Ministry of
Education began to incorporate prevention activities into school
curricula. In 2004, the government adopted a newly improved
Strategic Framework and National Action Plan that outlines a
comprehensive and targeted approach to trafficking. However, few
aspects of the plan have been funded or initiated. In February 2005,
the government also finalized its Child Trafficking Strategy and
Action Plan.
BOSNIA AND HERZEGOVINA
Bosnia and Herzegovina (BiH) is a country of origin,
transit, and destination for women and girls trafficked for the
purpose of sexual exploitation. Trafficked children, often ethnic
Roma, are victims of forced labor. Victims most commonly come from
Moldova, Ukraine, Russia, Romania and, increasingly, Serbia and
Montenegro. Victims often transit en route to Slovenia, Croatia, and
Western Europe. Many of the victims from BiH and Serbia and
Montenegro are trafficked throughout the former Yugoslav republics
and then back again in a seasonal, rotating pattern.
The Government of BiH does not fully comply with the
minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so. The government continued to
strengthen its law enforcement response and anti-corruption efforts
in relation to trafficking. The government should accelerate its
efforts to formalize a victim referral mechanism and ensure
implementation so that victims are afforded proper protections as
soon as possible. The government should also encourage increased
identification of victims, facilitate and encourage the aggressive
and efficient prosecution of trafficking crimes, and deliver
sufficient punishments. BiH should ensure the speedy drafting and
adoption of appropriate legislation regarding assistance to domestic
victims of trafficking.
Prosecution
The Government of BiH continued steady
application of its anti-trafficking statute in 2004. The police
investigated and submitted to prosecutors a total of 47 cases. Of
this number, the courts handed down a total of 18 verdicts, 12 of
which resulted in convictions. Length of sentences imposed by the
courts improved somewhat, but many continued to be one year or less.
The BiH criminal code provides for penalties of up to ten years’
imprisonment. Four major anti-trafficking strike force
investigations resulted in three convictions and one prosecution,
which is ongoing. The government increased its capacity to prevent
and respond to incidents of corruption and continued to investigate
cases of official complicity in trafficking. In October 2004, the
government arrested a police officer attempting to traffic two
victims at the border with Serbia and Montenegro; he was suspended
from duty, indicted, and currently awaits trial. The anti-trafficking
strike force expanded a major investigation, begun in 2003, into the
involvement of BiH consular officials in visa irregularities;
criminal charges have been filed against a consular section chief,
and the case is ongoing. In 2004, the State Coordinator’s Office
provided four training seminars addressing trafficking-related
investigation and prosecutions for judges, prosecutors, and police.
The State Border Service (SBS) trained its officers on victim
identification, interviewing techniques, and referral procedures. In
January 2005, the SBS introduced a 24-hour hotline available to the
general public to make anonymous reports of all crime and register
complaints about unprofessional behavior by border agents.
Protection
Government of BiH protection measures for
victims of trafficking remained inadequate during the reporting
period. The government did not formalize victim referral procedures,
but development of such procedures was underway. The government
developed a new rulebook and bylaws on the protection of foreign
victims of trafficking to allow for issuance of humanitarian visas
to victims. BiH prosecutors may request protected status for victims,
and protected victims may be housed in shelters or in private
residences. The government did not implement a systematic screening
system. As a result, some victims were not identified and were thus
denied proper protections and subject to potential deportation. In
practice, however, deportation orders were rarely enforced.
Regrettably, some victims fell back into the hands of their
traffickers. The government in 2005 provided funding for six NGO-run
shelters throughout BiH. The State Coordinator developed and signed
memoranda of understanding to unify shelter standards in cooperation
with local NGOs, and local police provided security. In 2004, IOM
and local NGOs assisted 114 victims, but they reported that shelters
were underutilized.
Prevention
In 2004, the government partnered with the EU
police mission and several NGOs and international organizations to
implement and plan two public awareness and educational campaigns
targeting potential victims, customers, and school children. The
government also aired public service announcements and talk shows
regarding trafficking on state-owned television stations. The
Foreign Ministry continued to conduct training for consular officers
to increase recognition of potential victims and, in 2004, began
requiring personal interviews for all visa applicants.
CROATIA
Croatia is a country of transit, and to a lesser
extent, source and destination country for women and girls
trafficked for the purpose of sexual exploitation. Victims generally
originate in Russia, Serbia and Montenegro, Romania, Bosnia and
Herzegovina, and other parts of Eastern Europe, and are trafficked
into Western Europe.
The Government of Croatia does not fully comply with
the minimum standards for the elimination of trafficking; however,
it is making significant efforts to do so. During the reporting
period, Croatia began to intensify efforts to combat trafficking in
persons and took nascent steps to improve its response to
trafficking. The government implemented targeted law enforcement
training and increased its capacity to identify and assist victims.
It adopted a national action plan, appointed an anti-trafficking
coordinator, and provided direct funds to implement the plan. The
government should now produce tangible enforcement results through
increased investigations, prosecutions, and convictions of
traffickers. The government, via the national anti-trafficking
committee and anti-trafficking coordinator, should capitalize on
gains made with NGOs and demonstrate more proactive victim
identification, protection, and public awareness efforts. Finally,
it should further institutionalize support by adequately staffing
anti-trafficking programs and improving coordination.
Prosecution
In October 2004, the Government of Croatia
enacted legislation that specifically prohibits and punishes
trafficking in persons offenses, providing for penalties from one to
ten years’ imprisonment. When the victim is a minor, the minimum
sentence is five years. Penalties are commensurate with that of rape.
The government reported 17 investigations and four convictions in
2004, two of which are not subject to appeal; sentences ranged from
seven months to nine years. In partnership with IOM, the police
continued to actively implement an intensive ‘train the trainers’
program aimed initially at 26 core police officers throughout
Croatia. The program will ultimately reach 1,600 officers and has
been selected by the Council of Europe as a model for similar
training efforts in the region. In 2004, the government incorporated
anti-trafficking training into the police academy curriculum and 283
officers received specialized anti-trafficking training. In
addition, the police designated an anti-trafficking officer in every
police district in Croatia. In February 2005, the Judicial Academy
held a case-study seminar for approximately 15 judges and
prosecutors. A general environment of corruption remains a problem
in combating trafficking. There were no reports of official
complicity in trafficking.
Protection
In 2004, the government improved cooperation
with NGOs, which resulted in greater and more consistent victim
assistance. The government reported helping 19 victims, an increase
of eight from the previous year. The Croatian Parliament amended the
Law on Foreigners to increase the length of time victims can apply
for temporary residency status -- from 90 days to one year -- with a
possible one-year extension. The government reported issuing three
such permits during the reporting period. In 2004, the government
passed a Witness Protection Act that provides protection to
witnesses participating in criminal proceedings; however, witness
protection mechanisms continue to be underutilized. The Ministry of
Interior developed instructions that included guidelines on
identification and treatment for law enforcement officials who come
into contact with potential trafficking victims, and distributed all
instructions and guidelines to officers.
Prevention
In 2004, the Government of Croatia increased its
support of prevention efforts by funding new anti-trafficking
awareness campaigns. The government co-funded with NGOs several
prevention programs, a shelter, a hotline, a public awareness
campaign, and law enforcement training. The Ministry of Education,
in partnership with IOM, trained 272 teachers on how to present
trafficking to students. The Ministry of Health and Social Welfare
trained 30 physicians on providing specialized medical assistance to
trafficking victims. NGOs and IOM are represented on mobile anti-trafficking
teams that assist in victim identification and assistance. In
November 2004, the Croatian Government launched a public awareness
campaign using the popular media and billboards to educate the
general public about trafficking and the anti-trafficking hotline.
In February 2005, the Foreign Ministry trained 15 consular staff in
the region on identification of potential trafficking victims.
Border guards monitored Croatia’s borders and immigration and
emigration patterns for trafficking, and have a formal framework for
regional cooperation.
MACEDONIA
Macedonia is a country of transit and, to a lesser
extent, destination for women and children trafficked for the
purpose of sexual exploitation from the former Soviet Union and
Eastern and Southeastern Europe. A number of victims transit through
Macedonia and on to Western Europe for sexual exploitation.
Macedonian women continued to be trafficked regionally throughout
the former Yugoslavia. NGOs and the international community reported
a growing problem of internal trafficking.
The Government of Macedonia does not fully comply
with the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. Macedonia
dropped from Tier 1 to Tier 2 in 2004 because of a lack of progress
in strengthening its anti-trafficking efforts. The government passed
new anti-trafficking legislation in 2004, but failed to demonstrate
overall appreciable improvement in enforcement and prevention.
Persistent institutional deficiencies in the judiciary continued to
hamper the government’s ability to effectively combat trafficking.
Its judicial system failed to appropriately and effectively
prosecute, sentence, and detain traffickers or provide adequate
safeguards for victims and witnesses in courtroom settings. The
government should actively develop and implement its National Plan,
vigilantly address trafficking-related corruption, and expand
prevention programs for vulnerable groups.
Prosecution
During 2004, the Government of Macedonia amended
its trafficking law to establish mandatory minimum sentences of
eight years’ imprisonment for traffickers in cases where there are
aggravating circumstances. The government reportedly investigated 39
suspected human trafficking cases, charged 38 persons, and submitted
19 cases for prosecution. An appellate court upheld a lower court
verdict sentencing four defendants to 12 years in prison. The Human
Trafficking Unit engaged in two regional operations coordinated by
the Southeast European Cooperative Initiative Center. However,
instances of official impropriety and poor courtroom procedures
continued to hamper judicial effectiveness. Trafficker Dilaver
Bojku-Leku was sentenced to 3 years and 8 months in prison for
"mediation in prostitution," but is in an "open
regime," which allows him to regularly leave the prison on his
own recognizance. At his March 2005 retrial for additional charges,
the court failed to adequately safeguard the victim-witness’s
identity or prevent the defendant’s apparent intimidation of the
victim and of court officials. Trafficking-related corruption
remained a serious problem, which the government failed to
vigorously investigate and prosecute.
Protection
The government continued to operate the Transit
Shelter Center for trafficked persons. Police deported some
trafficking victims after improper screening. The government
assisted 38 victims at the Center, a significant decrease from the
143 victims assisted the previous year. Victims may be granted
refugee status or asylum under Macedonian law. Macedonia has no
witness protection law, but recent amendments to the criminal code
contained some witness protection provisions. By law, the government
seeks to ensure protection for all victims, and the police have
provided 24-hour protection for victims testifying in court. However,
in 2004, one victim was jailed for four days during criminal
proceedings.
Prevention
The National Commission for Combating
Trafficking monitored the government’s anti-trafficking efforts
but has yet to evolve into an effective action-oriented entity. The
Commission, created in 2001, has neither finalized a national action
plan nor developed an adequate strategy and timeline for its
implementation. NGOs reported that a recently created Subgroup on
Trafficking in Children was the most active component of the
Commission. During 2004, the government continued to rely on NGOs to
conduct information campaigns. Several government officials
participated in prevention-oriented working groups and publicly
spoke out against trafficking. The police academy included a
mandatory introduction course on trafficking for all its cadets.
However, the program did not provide adequate tools for
identification of victims. The Ministry of Foreign Affairs required
all consular officers to receive training on victim identification.
Consular officers may not independently issue visas for women in the
so-called entertainment industry and must send all requests through
an Internal Affairs review board.
SERBIA AND MONTENEGRO
The union of Serbia and Montenegro is a source,
transit, and destination country for women and girls trafficked
internally and internationally for the purpose of sexual
exploitation. Internal trafficking of ethnic Roma children for
forced begging continues to be a problem. Victims identified in
Serbia and Montenegro came from Ukraine, Russia, Romania, Bulgaria,
Lithuania, Moldova, Georgia, and from the former Yugoslavia. In
Serbia, more than half of victims that are trafficked internally
originate in the northern province of Vojvodina. Foreign
destinations for victims from Serbia and Montenegro include
Albania, Bosnia and Herzegovina, Croatia, and Western Europe (principally
Italy), as well as the UN-administered province of Kosovo.
The Governments of constituent republics Serbia
and Montenegro, to which most authority has devolved, do not fully
comply with the minimum standards for the elimination of
trafficking; however, they are making significant efforts to do so.
The two republics do not have joint counter-trafficking
institutions, but do conduct joint counter-trafficking activities
occasionally on an ad hoc basis; this report consequently provides
a separate analysis for each. The Tier 2 designation is based on
the weighted aggregate of their efforts, which showed considerable,
but unbalanced, progress.
The Government of the Republic of Serbia made
significant progress in providing anti-trafficking resources for
law enforcement and created a new humanitarian visa for victims.
However, the weak adjudication of trafficking cases, inefficiency
of the judiciary, and inadequate victim protection hampered its
anti-trafficking efforts. The government should pass witness
protection legislation currently before parliament to formalize
the current ad hoc victim safety efforts in court proceedings.
The Republic of Montenegro made good faith efforts
to improve its overall anti-trafficking performance from the
previous year, increasing its anti-trafficking enforcement efforts
and devoting more resources to combat the problem. The government
should demonstrate increased implementation of its anti-trafficking
laws and ensure full implementation of the recent memorandum of
understanding between the government and NGOs governing the
treatment and referral of possible victims. Because inconsistency
in the administration of justice in trafficking cases continued,
largely due to the individual discretion of judges and prosecutors,
the government should conduct outreach with the judiciary to
stress the importance of improving its record on trafficking
prosecutions and convictions.
THE REPUBLIC OF SERBIA
Prosecution
In 2004, Serbia took important steps to
increase its law enforcement capacity to combat trafficking.
Serbia established two full-time police anti-trafficking units
consisting of six officers within the organized crime police and
nine officers within the border police. Over the reporting period,
the police units increased trafficking investigations and victim
identification. Police filed criminal charges for 24
investigations involving 51 suspects in 2004. Five trials were
concluded during the reporting period and resulted in convictions
of all 25 defendants. The majority of defendants continued to be
released pending appeal, following standard judicial practice in
Serbia. As of the end of the reporting period, the government was
prosecuting one case involving ten defendants. The National
Anti-trafficking Coordinator took proactive steps to counter poor
statistics-keeping by the judiciary by ordering regional police
secretariats to follow up with local prosecutors on all
trafficking cases filed during the year. Overall, the judiciary
failed to treat trafficking cases with the seriousness they
deserved and in some cases did not demonstrate sufficient
sensitivity to trafficking victims. There were no reports of
official complicity in trafficking.
Protection
The Serbian Government increased its
institutional ability to coordinate and provide victim protection
during the reporting period. The Agency for the Coordination of
Protection to Victims of Trafficking, established in March 2004,
coordinated NGO and international organization provision of
assistance and protection. Some NGOs indicated better cooperation
with police on victim protection matters. Notably, in 2004 the
Interior Minister established temporary residence permits for
trafficking victims. Victims are allowed unconditional three-month
recovery and reflection period, and given six months to one-year
residency if they participate in an investigation or prosecution.
A victim may also be granted one year’s residency with no
requirement for cooperation if returning to his or her home
country would put the victim’s life at risk. In some instances,
victims were questioned by police and judges in front of their
traffickers, who threatened them. Due to fear of traffickers and
the government’s informal, ad hoc approach to witness
protection, many victims refuse to participate or cooperate in
judicial proceedings.
Prevention
The government’s anti-trafficking prevention
activities remained weak in 2004; NGOs continued to organize and
fund the majority of Serbia’s public information campaigns on
the issue. The National Coordinator initiated and created a
documentary on the government’s anti-trafficking efforts that
enjoyed wide viewership. In 2004, the Foreign Ministry of Serbia
and Montenegro hosted a meeting for diplomats in source and
destination countries to present protection mechanisms available
for victims. The police participated in debates in schools as part
of a joint NGO/IOM public awareness campaign that included spots
in the media. The government adopted a plan for children in 2004
targeted at decreasing their vulnerability to trafficking.
THE REPUBLIC OF MONTENEGRO
Prosecution
The Government of the Republic of Montenegro
improved its support of police and enhanced its ability to conduct
anti-trafficking operations in 2004. The police anti-trafficking
team was re-established in April 2004 and subsequently submitted
six cases to the judiciary resulting in charges against 18
perpetrators. At the end of the reporting period, five
prosecutions involving 14 people were underway. The government
increased its 2005 funding for the Office of the National
Coordinator, who now works on trafficking full time. In April
2004, the Montenegrin Government adopted a new criminal procedure
code that allows for enhanced surveillance techniques and
mitigated punishment for cooperating suspects. While the
government actively investigated cases of trafficking,
Montenegro’s judiciary remained weak; judges exhibited
insufficient understanding of trafficking cases, allowed long
delays in trafficking prosecutions, and imposed inadequate
sentences upon conviction. There were no reports of official
complicity in trafficking.
Protection
In October 2004, the Republic of Montenegro
passed a witness protection law applicable to trafficking victims.
The government provided space for a new trafficking shelter and
allocated funding for the next year. The predominant anti-trafficking
NGO reported good relations and coordination with the National
Coordinator. A government commission investigating a controversial
2002 trafficking prosecution released its report in 2004. The
report questioned the character of the trafficking victim who
served as the prosecution’s key witness, giving rise to
allegations that the report was a cover-up of high-level
corruption in the case. OSCE and Amnesty International sharply
criticized the 2004 report. Montenegrin courts continued to show
insensitivity to the needs of trafficking victims. Victims who
were not identified by the police or prosecutor as victims could
potentially be charged with prostitution or, if they were foreign
nationals, be deported. The government did not report any
deportations, but NGOs suggested that in many cases potential
trafficking victims not properly identified were deported.
Prevention
The Montenegrin Government conducted some
public awareness campaigns, mainly in schools, but efforts were
constrained by limited funding; the government also participated
in NGO sponsored programs. The Ministry of Interior Affairs worked
to ensure local media coverage when the Minister spoke publicly
about trafficking. Montenegro improved its coordination mechanisms
in 2004 and established a subgroup on trafficking in children
under the National Project Board. Moreover, the National
Coordinator chaired a working group that was developing detailed
action plans for each ministry to implement Montenegro’s
national strategy adopted in 2003.
KOSOVO
Kosovo, while technically a part of Serbia and
Montenegro, continued to be administered under the authority of
the United Nations Interim Administrative Mission in Kosovo (UNMIK).
Since June 1999, UNMIK has provided transitional administration
for Kosovo, and retains ultimate authority over anti-trafficking
actors such as police and justice. UNMIK is aware of the
trafficking problem in Kosovo and continued to conduct anti-trafficking
efforts with the OSCE, the Provisional Institutions of
Self-Government (PISG), and local and international NGOs.
Responsibility for social support to victims of trafficking is
shared by UNMIK, PISG, and international organizations.
Kosovo is a source, transit, and destination
point, primarily for women and children trafficked for sexual
exploitation and, to a lesser degree, domestic servitude. Internal
trafficking continued to be an increasingly serious problem. In
2004, UNMIK’s Trafficking and Prostitution Investigation Unit
(TPIU) made 77 arrests, conducted 2,386 raids, and assisted 48
victims, 17 percent of whom were minors. The number of victims
assisted in Kosovo consistently declined; this is believed to be
due to increasingly sophisticated criminal networks reacting to
anti-trafficking enforcement efforts and shifting the commercial
sex trade out of public bars and into private homes. There are
three shelters for trafficking victims in Kosovo. Weak sentencing
for convicted traffickers and lack of adequate witness protection
continued to be serious problems. Anti-trafficking awareness
campaigns in 2004 were largely carried out by NGOs. In 2004, the
Ministry of Education worked with one NGO to train teachers to
incorporate trafficking into civics education curricula. UNMIK
established a helpline for trafficking victims in 2004. The PISG
is leading the effort to create a Kosovo Action Plan and standard
operating procedures (SOPs) for assisting internal trafficking
victims. SOPs for assisting foreign trafficking victims were
implemented in 2004.
ROMANIA
Romania is a source and transit country for
persons trafficked for the purposes of sexual exploitation and
forced labor, including in organized begging rings, to Balkan
countries and the EU – particularly Spain, France, and Italy.
Persons trafficked through Romania generally originate in Moldova,
Ukraine, and Russia. In 2004, a number of Romanian women traveled
to Canada on temporary employment visas to work as exotic dancers;
anecdotal evidence suggests that organized crime figures forced
some of these women into prostitution after their arrival in
Canada. Concerns remained about Romanian street children and their
vulnerability to exploitation and trafficking.
The Government of Romania does not fully comply
with the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. The government
made progress in establishing shelters for trafficking victims and
convicting traffickers. Corruption among law enforcement
authorities remained a serious problem; the government took
actions to address it. With continued improvement in the area of
victim protection, Romania has laid the groundwork for greater
success in its efforts to combat trafficking.
Prosecution
The Romanian Government significantly
increased trafficking convictions and sentences in 2004.
Authorities convicted 103 traffickers, up from 49 in 2003. Of
those convicted in 2004, 34 received prison sentences of five to
ten years, and 49 received sentences of one to five years.
Romania’s anti-trafficking legislation specifically covers
trafficking for the purposes of both sexual and non-sexual
exploitation and provides for appropriate penalties. The
government created a national network of 52 judges specialized in
trafficking cases, one for each tribunal and court of appeal. In
December 2004, the government reorganized the border police and
established special units for fighting trafficking and illegal
migration. In 2004, Romania’s lead police anti-corruption agency
investigated 81 police officials implicated in trafficking-related
corruption; authorities imposed administrative sanctions on 31
officials, dismissed ten officials, and sent 40 cases forward for
prosecution. Additionally, the Anti-Corruption National
Prosecutor’s Office reviewed a total of ten cases of suspected
trafficking-related corruption in 2004. The Romanian Government
continued to host the headquarters for the Southeast European
Cooperative Initiative (SECI) and actively participate in SECI
anti-trafficking operations, to include "Mirage 2004",
and conducted joint anti-trafficking investigations with Spain and
the Czech Republic.
Protection
The government’s victim protection efforts
improved in 2004. The government opened five of nine trafficking
shelters required by law, compared with two opened in 2003.
Additionally, the government funded a local NGO’s opening of ten
shelters for unaccompanied repatriated children which have already
assisted 32 trafficked children. The Ministry of Administration
and Interior provided security at Bucharest’s nongovernment-run
shelter that assisted 100 victims throughout 2004. While victims
are entitled to shelter, legal, psychological, and social
assistance by law, overall Romanian funding for NGOs that assist
trafficking victims remained low. NGOs reported good cooperation
with law enforcement, although Romania’s new victim referral
system did not comprehensively identify and refer all returning
trafficking victims. Romanian embassies abroad assisted in the
repatriation of 350 trafficking victims.
Prevention
The Ministry of Education and Research
initiated a new course in 2004 as part of the national curriculum
for primary and secondary school students that contained
trafficking themes; it reached a total of 200 teachers and 6,000
students. The Romanian police and a local NGO jointly produced a
television campaign entitled, "Watch Out for the Traps of
Traffickers." In 2004, the government monitored employment
agency advertisements for any fraudulent or deceptive offers that
might lead to trafficking. Legislation adopted in 2004 improves
anti-trafficking protection of minors and provides protections for
victims of all crimes, including trafficking. In 2004, the
government approved a National Action Plan to prevent and combat
trafficking in children. The police opened in June 2004 the
Trafficking Resources Center to centralize the collection of
country-wide trafficking data.
SLOVENIA
Slovenia is a transit and, to a lesser extent, a
source and destination country for women and girls trafficked to
or through Slovenia mainly from eastern and southeastern Europe
(Ukraine, Slovakia, Romania, Moldova, and Bulgaria) for the
purpose of sexual exploitation. A small number of persons are
trafficked from Slovenia to Western Europe, particularly Italy and
the Netherlands.
The Government of Slovenia does not fully comply
with the minimum standards for the elimination of trafficking in
persons; however, it is making significant efforts to do so. While
the government adopted a detailed National Action Plan to Combat
Trafficking in Human Beings, it has struggled to implement it due
to budgetary pressures. Slovenian Government efforts to address
trafficking have improved during the reporting period, but
consistent budget support remains in flux. The government should
continue to implement the National Action Plan and focus
enforcement efforts on convicting traffickers under its new anti-trafficking
legislation. Slovenian authorities should also continue to
increase scrutiny of work permits and club licenses and conduct
unannounced inspections of worksites where trafficking victims are
believed present.
Prosecution
Slovenia’s law enforcement efforts to
prosecute traffickers during the last year appeared modest. The
new anti-trafficking legislation that came into effect in May 2004
allows police to use methods of investigation, such as
surveillance, due to the seriousness of the crime. Arresting
officers had not been fully aware of the new law, but the Ministry
of Interior has begun working with police to educate officers
about the legislation. Slovenia’s Penal Code specifically
criminalizes trafficking for sexual exploitation and forced labor
with sufficiently severe penalties. Slovenian authorities reported
nine trafficking-related investigations, one ongoing prosecution,
and no convictions during the reporting period. The low number of
cases reflects a relatively modest trafficking problem and law
enforcement's adjustment to the new legislation. In January 2005,
prosecutors received a three-day training session on trafficking.
Slovenia actively participated in the Stability Pact for South
Eastern Europe, the Southeastern European Cooperative Initiative (SECI),
and Interpol efforts in fighting against trafficking in persons.
Protection
Slovenia improved its assistance to
trafficking victims in 2004. Government funding sustained
Slovenia’s one shelter, run by an NGO. While the government
planned to underwrite the shelter’s operating costs in out years,
budgetary constraints and a change of government have delayed
future commitments. During 2004, the government-funded NGO
assisted 25 trafficking victims, nine of whom received assistance
at the shelter. Police referred trafficking victims rescued during
raids or investigations to the shelter. Law enforcement did not
treat victims as criminals, and the government provided victims
protection from prosecution, temporary residency status, and
social services. During the reporting period, Slovenia began a
project to formalize mechanisms to provide information to those
asylum-seekers in reception centers most at risk to falling prey
to human traffickers. The project is jointly administered by the
Ministry of Interior, local NGOs, and UNHCR; the Ministry of
Foreign Affairs is working to expand and regionalize the project.
During the reporting period, police drafted a law on witness
protection, which is currently with the Ministry of Justice.
Prevention
The Government of Slovenia’s prevention
efforts improved over the last year. The interdepartmental working
group to combat trafficking continued to meet on a regular basis
and adopted a detailed National Action Plan in July 2004.
Government officials and activists collaborated in the working
group on anti-trafficking policies and programs. The government
issues a publicly available report detailing its anti-trafficking
efforts annually. During the reporting period, the Ministry of
Labor and the Slovenian Institute for Employment agreed on
stricter criteria for issuing work permits to dancers and
waitresses. The government funded the Slovenian translation of a
comprehensive survey on trafficking in the country. The government
partially funded preventative workshops by a local NGO in raising
trafficking awareness in elementary and secondary schools. The
Ministry of Foreign Affairs sponsored a project "Are we aware?"
for Slovene politicians and government employees, a part of which
included viewing the anti-trafficking film "Lilya
4-Ever".
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