Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern EuropeBosnia andHerzegovinalaw replaced the old one related to the prohibition of slavery and mediation inthe exercise of prostitution. Paradoxically, this change has complicated the situationand made it rather more difficult to penalise the crime of trafficking.Other obstacles are the legal regulations governing the entry, movement andemployment of foreigners in BiH. The state has constitutional responsibility forthe legal regulation of immigration. However, criminal law and control of foreignersis a matter for the entity, therefore, different codes exist in the twoentities, in the FBiH and RS. There is no criminal justice structure at the statelevel and because of the political situation there is little co-operation. The newstate criminal code and criminal procedures are in the process of drafting andit is expected that they will include an article on trafficking, and that the lawon offences of minors at the state level will be established.1.5. Codes of conduct and their enforcementOver the past couple of years, there have been a number of allegations andsome evidence on corruption and involvement in trafficking of not only thelocal police but also IPTF. The most serious allegations suggest that somemembers of IPTF directly participated in trafficking in women for forcedprostitution (recruitment and sale of women, purchasing false documents,patronising brothels). 82 Other allegations include informing bar owners aboutpolice raids, “buying women” and having sex with them. UNMIBH had deniedany participation of its personnel in trafficking but acknowledges that severalmembers of its staff have been sacked for sexual misconduct. However nocritical remarks were made on their personal records. 83As a result of allegations of the involvement of peacekeeping personnel in trafficking,the code of conduct for UN personnel was changed in 2001 to specificallyinclude trafficking and status of enforcement. OSCE also developed andadopted its own Code of Conduct in June 2000, to ensure that OSCE personnelpractice exemplary standards of behaviour that do not compound the traffickingproblem in host countries. 84 It holds OSCE staff and secondees responsiblefor any affiliation with persons suspected of involvement in trafficking, andstates that any breach of these standards must be regarded with the utmostseriousness.2. Current responses2.1. National Plan of Action and co-ordinationSince the end of 2000, the government in BiH has become much moreinvolved in anti-trafficking work. In December 2000, BiH signed the UN ConventionAgainst Trans-national Organised Crime and its two Protocols, as wellas the Anti-Trafficking Declaration of South Eastern Europe. In December2001, the Convention was ratified. Under the leadership of the Ministry ofEuropean Integration, a National Working Group on Trafficking was establishedin November 2000, to identify priorities and co-ordinate activitiesamong government, international organisations and NGOs.Under the joint leadership of the Ministry of Human Rights and Refugees andthe Ministry of European Integration, the working group has developed a comprehensiveNational Plan of Action to combat trafficking that was adopted by6882. “U.N. halted probe of officers' alleged role in sex trafficking. Lack of support from above, infield impeded investigators” by Colum Lynch, in The Washington Post, Thursday, 27December 2001; Page A17.83. “US Scandal. Prostitution, Pimping and Trafficking”. Bosnia Daily, Daily e-newspaper, No 42,Sarajevo, 25 July 2001, p.1.84. See: www.osce.org/news/generate