Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern EuropeThe UNAdministeredProvince ofKosovo• Do not want to go home without money. Since placement in the shelterand repatriation are immediate upon detention by the police,women who still hope to collect their wages from bar owners refuseimmediate assistance (However women are given more than onechance to seek assistance. Those refusing the first time, can beassisted later);• Threat from pimps;• Do not understand their situation or distrust the police and fear legalrepercussions;• Do not want or cannot go back to their country of origin.As of October 2001, out of about 450 women who were brought to IOM’sattention, 180 refused assistance, 250 were helped and four were refusedassistance by IOM. Assistance was refused by IOM when women wereassessed to be residing voluntarily in Kosovo and voluntarily performing theirjob, having their own means (money and documents) to return home andbeing not at risk, or when they had already refused the offer of assistance severaltimes. For women who do not qualify for the IOM trafficking victims returnprogramme but wish to go back home, there is a separate IOM programme forstranded migrants. In order not to create a magnet, the selection for the secondassistance programme is very strict.Women who refuse to identify themselves as victims of trafficking in front ofthe police are charged with prostitution, illegal border crossing, illegal residencyin Kosovo without documents or possession of illegal documents, or acombination of these. They face up to 20 days in a detention centre in Lipjan.They may also be sentenced to longer terms for the crime of falsification ofdocuments. A deportation order was often issued in the past, but did not inpractice lead to deportation due to a lack of legal mechanisms in Kosovo.Cases of deportation are decreasing although they are still a problem. Afterdetention in Lipjan, the women are free to leave and as there are no otheroptions, they usually return to the bars and brothels where they were arrestedin the first place.In summary, under the current victim identification and referral system, onlywomen willing to return home are provided with assistance and are recognisedas victims of trafficking. Other trafficked women are not recognised as such,and face conviction for minor offences or crimes, and detention. It is also notclear whether any distinction is made between adult women and girls under18, who are defined as trafficked, regardless of consent, according to the TraffickingProtocol, with respect to identification and assistance procedures.In 2000 and 2001, there were 254 women and girls assisted by the co-ordinatedvictim assistance programme. The programme offers psychologicalassistance and legal assistance through the OSCE, assistance with documents,return assistance and repatriation. Only women and girls taking part in the IOMprogramme of return are placed in the shelter. The local NGO – The Centre ofProtection of Women and Children - that runs a shelter for victims of domesticviolence, has assisted several internally trafficked women and several minors.IOM, TPIU, OSCE, Social Welfare and the local NGOs are in the course of finalisinga Standard Operating Procedure for internal victims of trafficking.981.3. ProsecutionIn January 2001, a new regulation against trafficking “Regulation on the Prohibitionof Trafficking in Persons in Kosovo” was promulgated. The Regulationmakes human trafficking a criminal offence punishable by two to 20 years inprison, while also providing for better protection and assistance for trafficked