Trafficking in Human Beings in Southeastern Europe - Iom

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Trafficking in Human Beingsin Southeastern EuropeIntroductionand Overviewoverview for each country summarises the trafficking situation under the followingheadings:1.Migration, prostitution and trafficking;2.Identification, referral and assistance of trafficked women and children;3.Prosecution.Child trafficking and HIV/AIDS are highlighted where such information is available.Responses and activities in each country are summarised under the followingheadings which are derived from the model National Plan of Action developedby the Stability Pact Task Force on Trafficking in Human Beings 3 :1.National Plan of Action and co-ordination;2.Roles of government, international organisations and NGOs;3.Prevention and raising of awareness;4.Victim assistance (including return and reintegration);5.Legal reform and law enforcement.2. Definition of trafficking and its interpretationThe definition used in this report is contained in the UN Protocol to Prevent,Suppress and Punish Trafficking in Persons, especially Women and Children,which supplements the UN Convention on Transnational Organised Crimeadopted by the UN General Assembly in November 2000. The Convention andits two protocols 4 (herewith referred to as the Palermo Convention and Protocols)were signed by all the countries in Southeastern Europe in December2000 at a high-level conference in Palermo, Italy:a.“Trafficking in persons” shall mean the recruitment, transportation,transfer, harbouring or receipt of persons, by means of threat or useof force or other forms of coercion, of abduction, of fraud, of deception,of the abuse of power or of a position of vulnerability or of thegiving or receiving of payments or benefits to achieve the consent ofa person having control over another person, for the purpose ofexploitation. Exploitation shall include, at a minimum, the exploitationof the prostitution of others or other forms of sexual exploitation,forced labour or services, slavery or practices similar to slavery, servitudeor the removal of organs;b.The consent of the victim of trafficking in persons to the intendedexploitation set forth in the subparagraph (a) of this article shall beirrelevant where any of the means set forth in subparagraph (a) havebeen used;c.The recruitment, transportation, transfer, harbouring or receipt of achild for the purpose of exploitation shall be considered “trafficking inpersons” even if this does not involve any of the means set forth insubparagraph (a) of this article;d.“Child” shall mean any person under 18 years of age. 523.The Stability Pact Task Force on Trafficking in Human Beings developed a Regional Plan ofAction as a model for National Plans of Action for the countries of the region. The majorareas of concern according to the model, are research and assessment, raising ofawareness and prevention – addressing social and economic causes, victim assistance andsupport, return and reintegration assistance, law reform, law enforcement, internationallaw enforcement, co-operation and co-ordination.See: http://www.osce.org/odihr/attf/index.php3?sc=Action_Plan4.“Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women andChildren” and “Protocol against the Smuggling of Migrants by Land, Sea and Air”. For thetext of the Convention see: www.uncjin.org/Documents/Conventions.5.UN A/55/383, 2 November 2000: “Protocol to Prevent, Suppress and Punish Trafficking inPersons, especially Women and Children”, Article 3a.
Trafficking in Human Beingsin Southeastern EuropeThe Trafficking and Smuggling Protocols make a distinction between traffickedpersons and smuggled migrants, defining migrant smuggling as “the procurement,in order to obtain, directly or indirectly, a financial or other materialbenefit, of the illegal entry of a person into a State party of which the personis not a national or a permanent resident” 6 . In principle, the smuggling of personsconstitutes an illegal border crossing and is therefore a violation againstthe state. In contrast, trafficking in human beings is a violation of the rightsof the individual, so that the victims of the crime are the trafficked personsthemselves. Therefore the term “victim” is used throughout the anti-traffickingprotocol whereas it is not mentioned in the protocol against smuggling. 7Introductionand OverviewHowever, it is important to note that this distinction is less clear on the groundwhere there is considerable movement and overlapping between the two categories.This is reflected in the data and information which was collected fromvarious sources in the field during research for this report, including governments,international agencies and NGOs. These sources did not always referdirectly to trafficking, as defined in the UN protocol, but instead referred to:• The number and/or situation of illegal female migrants;• The number and/or situation of female migrants working in the sexindustry;• The number of girls deported to their country of origin;• The number of women and girls assisted in returning to their countryof origin;• The number of women not allowed to cross a border for various reasons;• The number of smuggled women or women trying to cross a borderwithout valid documents;• Factors influencing women’s decisions to migrate;• Groups of women willing or determined to migrate.The following observations can be made:1.There is no general understanding or acceptance of the definition oftrafficking among the institutions and persons involved in and responsiblefor anti-trafficking work on the ground. Sometimes, there is a tendencyto label all the situations in which young women are willing tomigrate or female migrants are involved as “trafficking”, especiallywhen the women work or are willing to work in the sex industry. On theother hand, situations of internal trafficking – without crossing internationalborders - are generally ignored. Governments hardly evenacknowledge trafficking of children for forced labour as trafficking;2.Some of the collected data and information are not fully reliable andrelate to actions taken against illegal migrants, rather than to trafficking;3.Actions against trafficking are often understood as anti-migrationactions by state authorities, aiming to suppress the migration ofwomen. Therefore, women are seen as illegal migrants and are targetedas such in the first place, while prosecution of traffickers andassistance for the victims of trafficking are not priorities;4.The situation is unclear for women working in the sex industry inplaces controlled by organised crime groups, where the women do notearn any money and their freedom of movement is restricted. Thesewomen often do not consider themselves trafficked persons, althoughthey are classified as such under the Trafficking Protocol.6. Ibid. Smuggling Protocol, Art.3a.7.Please compare: Conference Report “Europe against Trafficking in Persons”, Berlin, 15-16.Oct.2001. OSCE, 2001, p. 103.3
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Trafficking in Human Beings in Southeastern Europe - Iom

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