Trafficking in Human Beings in Southeastern Europe - Iom

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Trafficking in Human Beingsin Southeastern EuropeCroatiaAccording to the survey carried out by IOM in March 2001, 73 percent of theCroatian population is aware of organised prostitution involving foreignwomen in Croatia. Although this survey provides some evidence for the presenceof foreign sex workers in Croatia, it does not prove the existence of trafficking.Nevertheless, the results are interesting. The majority of thepopulation had heard about foreign prostitution in Croatia from the media,and 36 percent from friends and acquaintances. The highest level of awarenesswas in Slavonia, which borders on Hungary, FRY and BiH, where 53 percentof respondents knew of foreign prostitutes. Sixteen percent ofrespondents stated that there were cases of organised prostitution of foreignersin their community. About eight percent responded that there was a caseof prostitution of a foreign minor in their community. The largest percentageof those who had heard about child prostitution in their community was inSlavonia (15.6 percent). 131 Slavonia also had the largest numbers of internationalpeacekeepers during the years 1996-1998.The Ministry of the Interior reports that the use of Croatia as a transit countryfor illegal immigrants entering Western Europe is a growing problem. Thenationalities in recent deportations have included Bosnians, Iranians, Turksand more recently Chinese. The police hold illegal immigrants, who have beendetained mainly at the border whilst trying to cross illegally, in a shelter inJezevo near Zagreb. They are detained there until their papers are in orderand they are then deported to their country of origin.In 2000, the police registered 24,000 illegal migrants crossing the border intoCroatia, double compared to 1999. Sixty-five percent of migrants crossed theborder from BiH, 28 percent from FRY. Seventy percent had no valid traveldocuments. Twenty- five percent are of Romanian origin, 28 percent from FRYand 30 percent from Iran. However, only 9 percent of migrants were womenand 11 percent children under 18. There is no evidence that any of the womenor children might have been victims of trafficking. 132During 2000, 198 female citizens from SEE were deported from Croatia: 144to Romania; 16 to FRY; 26 to the Republic of Moldova; 10 to BiH; and othersto Bulgaria, FYR Macedonia (16) and Ukraine. 133In 2000, 180 unaccompanied foreign children were found in Croatia. Most ofthem were from Turkey, BiH, Romania, FRY and Bangladesh. Among themwere 27 girls who were sexually abused while in Croatia, BiH or FRY. 1341.2. Victim identification, referral and assistanceWomen or children who are taken into custody as illegal migrants, are notscreened as potential victims of trafficking. The border police are not trainedto identify trafficked persons; victims of trafficking are treated as illegalmigrants or foreigners involved in international prostitution, and are finedaccording to the national laws governing these offences.Illegal migrants, when stopped the first time are fined US$25 and released.They have 24 hours in which to leave Croatian soil. The second time they arestopped by the police, they are detained in the detention centre in Jezevo nearZagreb and deported to the border. In the case of suspicion that a foreigner isa minor, a local Social Welfare Centre is informed and provides assistance.118130.Ibid.131. IOM, ibid. p. 32.132.Ministry of the Interior statistics, “Illegal migrations in the Republic of Croatia”, Zagreb,March 2001.133.Ministry of the Interior statistics, letter from 27 November 2001.134.Article from Jutarnji List, 22 May 2001.
Trafficking in Human Beingsin Southeastern EuropeThere is no outreach work with sex workers and no HIV/AIDS prevention outreachprogrammes. Street prostitution is a well-known phenomenon, but doesnot attract the attention of the government or of NGOs.Croatia1.3. ProsecutionCroatia has signed the Palermo Protocols and is in the process of re-draftingthe Criminal Code specifically to include an article on trafficking. The presentprovisions according to the Croatian Criminal Code are:• Article 175: slavery and transport of slaves is prohibited and punishedby imprisonment for one to ten years. The article includes enslavementof minors and transporting persons in a position of slavery;• Article 195: trafficking in women of all ages is defined as procurement.This is punishable with a fine through to one to eight years inprison;• Article 177: an individual can be charged with illegal border crossings.This punishes someone for taking an individual across the border illegally,for purposes of self-interest. This offence usually attracts a fineand deportation to the country of origin. The sentence is usually a finebut can be imprisonment for up to one year. Also, whoever organisesperpetration of the criminal offence can be imprisoned for up to 5years;• Article 178 (international prostitution): whoever leads another personto offer sexual services for profit can be imprisoned for up to 3 years.Whoever forces another person to go to a country where he/she hasno right of residence for sexual purposes can be imprisoned for up to5 years. If the criminal offence is committed against a child, the perpetratorcan be imprisoned for up to 10 years;• The law on Misdemeanours and Crimes regulates prostitution. Article12 states that a person who engages in prostitution can be fined upto DM 200 or imprisoned for up to 30 days. Article 7 regulates punishmentfor the provider or mediator of prostitution who can be finedup to DM 350 or imprisoned for up to 30 days.There is no commitment on the part of police to treat trafficking as a specificissue. However, there is commitment to work on the issue of organised crime.Croatia has signed “The Agreement on Co-operation to Prevent and CombatTrans-border Crime” with SECI and is a member of the Adriatic Sea Initiative.Bilateral relationships have been developed with Republika Srpska and FRY toachieve more effective border control.From 1998 to 2000, only five criminal offences were reported under Article175 of the Criminal Code and 21 under article 178. These cases involved 24trafficked women, the majority from Hungary and Ukraine, but including twogirls under 18 from Romania. 135Between 1995 and 2000, 56 persons were arrested as intermediaries in prostitution,including six women. These organisers were also sentenced foremploying foreigners without a work-permit, or bearing unlicensed weapons.136The IOM report points out that since prostitution in small towns and villagescan hardly escape police attention, the lack of police action should be questionedand addressed. Police officers interviewed for the report either marginalisedtrafficking as an artificially created problem or called the known cases135. IOM report, ibid. p. 10.136. IOM report, ibid. p. 38.119
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