HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA Report for the period 2000-2010 ASTRA Anti Trafficking Action Belgrade, 2011 European Union
HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA Report for the period 2000-2010 Authors: Print run: 300 Marija Anđelković Dr Violeta Beširević Design: Darko Kolesar Tamara Vukasović Marijana Gligorić Print: Tuli, Vršac Danijela Nikolić Olivera Otašević Ivana Radović Marjan Wijers Associates: Nataša Bošković Milena Maričić Translated by: Milan Marković Ivana Radović Publisher: ASTRA Anti Trafficking Action Belgrade, Republic of Serbia astra@astra.rs www.astra.rs ASTRA 2011 DISCLAIMER: This Report has been produced with support of the Delegation of the European Union to Serbia through EIDHR program within the project Human Trafficking Watchdogs in the Republic of Serbia. The content of this publication is the sole responsibility of ASTRA and can in no way be taken to reflect the views of the European Union. All rights reserved. The content of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction identifies ASTRA Anti Trafficking Action as the source.
Recommendations for the Harmonization of human Trafficking Legislation with EU Regulations and Standards Set Out in the the Protocol and CoE Convention General recommendations Revise the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia in a participative and transparent process in such a way as to specify timeframe of the validity of the Strategy, to dedicate one section to the protection and programs for the victims of child trafficking and specify in detail the responsibility of all antitrafficking actors. Based on the revised Strategy to Combat Trafficking in Human Beings in the Republic of Serbia, adopt regular annual national action plans in this area and develop mechanism for the monitoring and evaluation of their implementation. Establish the institute of the National Rapporteur on human trafficking Plan and allocate a budgetary line in the budget of the Republic of Serbia for the protection of victims, the prosecution of perpetrators and the prevention of human rafficking. Ratify International Convention on the Protection of Rights of All Migrant Workers and the Members of Their Families. Legislation Pass as soon as possible legislative measures that would regulate the issue of shelter for trafficking victims, in particular with regard to the accommodation of children victims who are foreign nationals. Amend Article 388 of the Criminal Code of Serbia in order to explicitly provide that the consent of a trafficking victim to the exploitation, actual or intended, shall be of no relevance where any of the means specified in this Article has been used. In Article 388 CCS it should be stressed that victim s acceptance to exploitation is irrelevant to criminalizing the offence aggravated by client s responsibility as is clearly stated about other forms of the offence (in case of the basic form envisaged by par. 1, or when the offence has been committed against a juvenile, by a person who is involved in human trafficking or by a group of several persons or organized criminal group). The incrimination of Article 388 should include the following elements: abduction and fraud should be established as means of committing the offence; the fact that the 364
RECOMMENDATIONS offence of human trafficking has been committed by a state official performing official duties, or when the victim s life has been exposed to danger deliberately or by gross negligence during the committing of the offence should be envisaged as aggravating circumstances; the offences committed in an extremely brutal or degrading manner should be criminalized, so that the offence might be considered as endangering the life, and the demand set forth by the CoE Convention regarding the definition of endangering the victim s life deliberately or by negligence might be met. Adopt legislative measures that would prevent traffickers to use the services of commercial carriers for transporting trafficking victims. Article 388 CCS (trafficking in human beings) should be amended so that to prescribe the acts of concealing, damaging or destroying another person s identity documents as constituent elements of the human trafficking offence. Amend the Criminal procedure Act so that it envisages that trafficking victims may claim for compensation only in criminal proceedings in which way the need for civil suit will be eliminated. Article 389 CCS should provide protection to all juveniles, in accordance with the standards set out in the UN Convention on the Rights of the Child, which defines a child as any person younger than 18 years of age. Criminalize explicitly any attempted trafficking in juveniles for the purpose of adoption and start regarding as aggravating circumstance placing the child in danger of a substantial impairment of his or her physical or emotional development. Had this been done, the degree of protection would have been raised significantly and illegal adoption would have been discouraged. In line with this suggestion, the additional paragraph to Article 389 would be the following: Whoever by the acts referred to in paragraph 1 of this Article, places the child in danger of a substantial impairment of his or her physical or emotional development, shall be punished by imprisonment for six months to ten years. Amend Article 184 CCS - Mediation in conducting prostitution in Paragraph 2 which address the issue of facilitating prostitution of juveniles so that all underage persons found in prostitution could be treated and assisted as trafficking victims since voluntary prostitution of children does not exist. Consider the possibility to enable by a legal act the approval of residence to trafficking victims out of humanitarian (which is possible only pursuant to a bylaw, i.e. the Instruction for the Enforcement of the Law on Aliens) and charity reasons. Amend the Law on Employment and on Unemployment Insurance in order to ensure the adoption and implementation of affirmative action measures that would enable trafficking victims easier access to the labor market. HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA - Report for the period 2000-2010 365
Article 231 of the Criminal Procedure Act must be interpreted in accordance with the UN Convention, meaning that the term property should mean all assets, corporeal and incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets. Amend the Health Care Act so that it explicitly envisages the right to free health protection for trafficking victims even without a required residence permit. We recommend amending the law in the following way: A victim of trafficking in human beings, even without a required residence permit, has the right to health protection covered from public revenue. Amend the Health Care Act so that it explicitly provides the right to free health care for trafficking victims even if they do not have registered place of residence. Urgently ratify the Council of Europe s Convention on the Compensation of Victims of Violent Crimes which would make it possible for trafficking victims to claim compensation from the state for injuries or damage suffered as a consequence of human trafficking. Prevention Design and implement policies aimed at reducing poverty and social exclusion, and consequently at reducing vulnerability to human trafficking among rural women, Roma women, unregistered and undocumented women, women with disabilities, women refugees and IDPs who are exposed to multiple discrimination. Start with the implementation of the recommendations of the CEDAW Committee to the Republic of Serbia, in particular: a. Provide training and retraining to unemployed women, including marginalized groups of women, credit to women entrepreneurs and to those who wish to set up their own business and social security benefits for unpaid family helpers. b. Prevent systemic indirect discrimination against women in the area of employment. c. Work intensively on the elimination of all forms of violence against women and children, in particular family violence. d. Design and implement anti-trafficking activities through a human rights-based and gender-based approach. Aim prevention activities at groups of children at risk and at factors that lead to trafficking and exploitation of children, through information-sharing, peer education, economic empowerment, registration of children, education, improvement of basic living conditions of vulnerable groups, as well as through the improvement of decision-making skills and capacities of children and adolescents. Include Roma community and Roma non-governmental organizations in all mechanisms of operation aiming at suppressing and preventing trafficking in people. 366
RECOMMENDATIONS Work systemically on child trafficking prevention, preferably through formal education system, intensify efforts to raise awareness of both parents and children about the problem of human trafficking; work on the awareness raising and capacity building of persons who work with children, first and foremost in the area of human trafficking prevention. Work out and implement coordinated systemic programs of human trafficking prevention at all levels that would be continuous and balanced in terms of time and territory and intended for general public, broader circle of professionals and groups at risk. Take legislative and other measures aimed at discouraging demand for sexual and other services that may lead to human trafficking. Examine a correlation between human trafficking and sex work and initiate a public debate about sex work that would include all relevant actors. Within trainings on the problem of human trafficking for police officers, pay special attention to differentiating between human trafficking and similar offenses, as practice so far shows that, due to lack of experience and insufficient education, as well as due to the lack of evidence, the police and the prosecutor s offices often raise charges for other offenses, but not for human trafficking. Include into education programs for police officers and other public services the assessment of security of trafficking victims as a regular topic. Design programs for prevention and assistance to the victims of labor exploitation. In the field of labor and employment, sign bilateral, i.e. multilateral agreements on employment between Serbia and other countries aimed at human trafficking prevention. Establish permanent and proactive cooperation of experts and the media aimed at the protection of the best interest and integrity of trafficking victims, as well as at informing the public for the purpose of human trafficking prevention. Conduct participative and action analyses and surveys aimed at timely identification of trends, recruitment methods and causes of human trafficking. Conduct the analysis of effects and quality of prevention activities carried out to date, as well as the analysis and research of causes and hot spots for human trafficking in the Republic of Serbia, alongside with defining target groups and their needs, for the purpose of designing as effective as possible prevention programs. Create a political climate in which it would be possible to implement measures for strengthening an independent civil society. Design the indicators for monitoring the implementation of projects in the field of human trafficking by the state and mechanisms for the monitoring and evaluation of effects and cost efficiency of these projects. HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA - Report for the period 2000-2010 367
Protection of Trafficking Victims Define indicators for the identification of children and adult victims in all phases of human trafficking and design new methods that would facilitate self-identification of (potential) victims. Adopt a document on minimum standards in the provision of assistance to trafficking victims in all phases of assistance provision and on procedures for the operation of relevant actors that would be based on the principles of respect for victim s will, her/ his best interest and non-discrimination. Based on those standards and procedures, all anti-trafficking actors should sign a memorandum of understanding. Consider the transformation and reorganization of the Agency for Coordination of Protection of Trafficking Victims and examine the need for restoration of the Mobile Team with an aim to improve its work and provide more adequate response to victims needs. Develop and establish special programs for child trafficking victims that will include of phases of care, from identification to reintegration and that would be based on UNICEF Guidelines for Protection of the Rights of Children Victims Trafficking In Southeastern Europe and empower professionals to apply these measures and new legislation in the field of the rights of the child. Systematically solve the problem of urgent care for children victims of trafficking, including the training of foster families and the identification of trainings and work on the sensitization of employees at child-care institutions, and develop specialized reintegration programs for children. Persistently enforce legal possibilities and court and other proceedings in order to prevent revictimization of trafficking victims. Specify the duration of reflection period, i.e. the period necessary for the first stabilization of the victim after she/he has survived a traumatic experience, and apply it persistently. Design a procedure for regulating personal documents for domestic nationals in cases when they do not have permanent residence, with full respect of privacy and protection of victim s identity. Amend the existing Law on the Protection Program for Persons Participating in the Criminal Proceedings, adopt appropriate measures aimed at protecting the integrity of trafficking victims and train members of the Witness Protection Unit for work with trafficking victims. Introduce procedures for mandatory collection of information on safety and reintegration possibilities in the country of origin, i.e. introduce procedures based on which feedback information would be received on assistance provided after victim s return to the country of origin. 368
RECOMMENDATIONS Develop and implement state-run programs of long-term reintegration for trafficking victims, adjust them to existing reintegration programs and make them available in all mixed/combined cases. HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA - Report for the period 2000-2010 369