3071-The political economy of new slavery
3071-The political economy of new slavery
3071-The political economy of new slavery
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100 Responses to Sexual Slavery<br />
to Bosnia-Herzegovina (UNMiBH) and the Soros Foundation. While the<br />
integrity <strong>of</strong> the Doboj STOP team is unquestionable, other instances<br />
have shown that women are reluctant to speak to IPTF, let alone the local<br />
police, as a result <strong>of</strong> their past involvement in trafficking (Vandenberg,<br />
2002; Human Rights Watch, 2002b). When interviewed, the women<br />
will then be encouraged to prosecute the nightclub owners. <strong>The</strong>y rarely<br />
choose to proceed as they fear to be either deported as owners <strong>of</strong> illegal<br />
documents, retaliated against by the nightclub owners in BiH, or fear<br />
repercussions on their families. In one instance, a girl interviewed, who<br />
had been sold by the acquaintance <strong>of</strong> a friend, was concerned about the<br />
well-being <strong>of</strong> her daughter in her country <strong>of</strong> origin. 14 On 1 January 2003,<br />
the IPTF mission, under UN control, was replaced by the European<br />
Union Police Mission (EUPM), reducing the number <strong>of</strong> the international<br />
police assisting the development <strong>of</strong> the BiH police force from<br />
over 2,000 to 512 policemen. This has directly resulted in a decrease in<br />
international police activities with regards to trafficking, bringing the<br />
STOP initiative to a halt (Zecchini, 2003). In an effort to reassure the<br />
international public on the follow-up <strong>of</strong> past initiatives, the EUPM<br />
assisted in the raid <strong>of</strong> 24 brothels on 2 January 2003. No arrests were<br />
made. <strong>The</strong> next part <strong>of</strong> this chapter will assess the international law<br />
response to human trafficking.<br />
Trafficking and international law in BiH<br />
International law concerning the combat <strong>of</strong> trafficking can be applied<br />
to BiH. 15 According to Article 2, paragraph 1 <strong>of</strong> the BiH Constitution,<br />
‘Bosnia and Herzegovina and both its entities will provide the highest<br />
level <strong>of</strong> internationally recognized human rights and human freedoms.’<br />
Moreover, Article 2, paragraph 2 states that the ‘rights and freedoms<br />
established in the European Convention on Human Rights and Fundamental<br />
Freedoms and its protocols shall apply directly in Bosnia and<br />
Herzegovina. Those documents will have priority over all other law.’<br />
<strong>The</strong> United Nations (UN) Convention for the Suppression <strong>of</strong> the Trafficking<br />
in Persons and <strong>of</strong> the Exploitation <strong>of</strong> the Prostitution <strong>of</strong> Others <strong>of</strong> 1949 does<br />
not contain a definition <strong>of</strong> traffic in persons because it does not apply<br />
as an anti-trafficking instrument as such. 16 It focuses on prostitution<br />
and calls for the penalizing <strong>of</strong> any person making pr<strong>of</strong>it <strong>of</strong> another<br />
person’s prostitution. It only addresses the needs <strong>of</strong> women by acknowledging,<br />
under Article 16, their need for rehabilitation, while forcing<br />
them to be assisted in their return to their countries <strong>of</strong> origins under<br />
Article 18. In practice, it therefore treats them as criminals or undocu-