Devoir de protéger les droits humains

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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.

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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.

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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.

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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.

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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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