Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern EuropeSummary andRecommendations• Guidelines/procedures for the treatment of trafficked persons to bebased on human rights standards, with special protections for childrenunder 18;• Establish and support shelters for all trafficked persons regardless oftheir status, and to provide all victims with medical care and legalassistance and access to remedies;• Establish clear rules on which shelters are set up and run, to protectthe rights of the users;• De-link sheltering and return programmes, to avoid detention centrelikeconditions for trafficked persons;• Develop programmes for the assistance and return of children basedon the “best interest of the child”;• Information about the identity of the trafficked persons benefitingfrom support programmes, and their personal data, should not beregistered with local or international authorities.International organisations, in co-operation with governments and NGOs:• Establish a Regional Clearing House on assistance, return and reintegrationprogrammes for trafficked persons, within the framework ofSPTTF.Donors:• Ensure monitoring and evaluation of assistance and reintegration programmes,especially looking at long-term results of reintegration.5. Legal reform and law enforcement5.1. SummaryIn all countries of the region, the existing legislation has been reviewed, andlegal reform has or is taking place with the aim of harmonising the existinglaws with the Palermo Protocol and with EU standards, and inserting specificanti-trafficking articles into the Criminal Codes. In some cases, there is alsowork to be done on provisions to protect trafficked persons and ensure thatthey receive reparations in the Criminal Procedures Codes, Labour Codes andCivil Codes. However, in some countries the reform is not yet completed andin others the new anti-trafficking legislation is not yet implemented.Unfinished legal reform and lack of trained judges and prosecutors are botharguments used by governments to explain the lack of successful prosecutionsof traffickers. However, as the results of the analysis of the Criminal Code ofAlbania show, 169 existing law (even without special anti-trafficking provisions)if implemented and used in trafficking cases, could be sufficient to prosecutetraffickers for crimes committed against trafficked women. What is lacking isthe understanding of the issue of trafficking by law enforcement agencies andthe judiciary, and the political will to take the issue seriously and to deal withit, including dealing with the corruption of state employees.Another obstacle to effectively combat trafficking is a lack of clear understandingof the distinctions between trafficking, illegal migration, smuggling ofmigrants and prostitution among representatives of the institutions that dealwith trafficked persons. There is also too little understanding of traffickingamongst the judiciary and law enforcement officers who demonstrate a reluctanceto treat it as anything than prostitution or illegal migration. It is still162169. Review of Albanian Legislation on Trafficking in Human Beings, OSCE Mission in Albania,Office of Legal Counsellor, 5 April 2001.