Bosnia is primarily a destination and transit country for trafficking. The woman that are trafficked into the country are predominantly from Moldova, Romania, and Ukraine, however, there are also a small amount from Russia, Belarus, Kazakhstan, and the Federal Republic of Yugoslavia.1 There are many girls that are also trafficked into Bosnia from Bulgaria, Eastern European countries and also the former Soviet Union.2 Some of the women are then trafficked to Italy, Germany, and other European countries to serve as prostitutes.3 Many of the trafficked victims coming from Romania and the former Soviet Union, seek promising jobs. They end up being forced into prostituting themselves to foreign soldiers and officials. What caused an increase in trafficking according to Madleine Rees, head of the U.N. Human Rights office in Sarajevo, was the arrival of peacekeeping soldiers in Bosnia. She said that traffickers are businessmen and they see where the demand is.4 The Philadelphia Inquirer reported that Sarajevo, Bosnia, Herzegovinia, Belgrade, and Yugoslavia have become major destination and transit points for trafficking of women.5 “IOM estimates that between 6,000 and 10,000 foreign women are currently being coerced into prostitution in the republic.”6 These women are promised great jobs by newspaper ads. Later they discover that these jobs are bogus and prostitution is inevitable.7
Poverty unemployment, and organized crime are the main contributing factors to trafficking in Bosnia.8 Many women look for employment to escape their horrendous living conditions and grab at any opportunity of employment that comes their way. These opportunities that seem so promising usually end up involving prostitution.9
Organized crime is a major contributor to trafficking. Large portions of the traffickers who lure the females in are females themselves, who are part of some group. The main suppliers of sex slaves are the Kosovo Albanian organized crime group. The police do not want to become involved with defeating this group for fear of threats.10 So these groups continue to corner the market on sex slaves, since they feel no potential threat against their activities. The purposes for trafficking in Bosnia are to force the captured into prostitution, or forced labor. They must become slaves to the sex industry. Some girls are even tricked into marrying the trafficker, after which they are forced to work in nightclubs.11 According to the European Union Police Mission (EUPM) in Bosnia, as a result of the increasing number of raids against nightclubs, sexual slavery is reportedly taking on a new form: traffickers and women forced into prostitution now operate primarily from private apartments and weekend houses. [19] Thus, the number of bars that employ women for prostitution has decreased from 70 (employing 470 women) in 2001 to the current of just 8 (employing 23 women). [20] This makes it more difficult for law enforcement to rescue these women from slavery. Many girls are trafficked at an age of 13 to serve as prostitutes in Bosnia. These girls are being brought from mainly Eastern Europe and the former Soviet Union to be sold into prostitution.12 A lot of girls are herded like cattle in trunks or boxes across borders into other countries. Their passports and identification documents are taken from them, which make it nearly impossible for them to escape.13 The girls are then forced to work as prostitutes and if they do not comply they are then beaten. One trafficked woman told IPTF investigators that she was “obliged” to drink, dance, and offer sex to anyone and if she did not do what her owners wanted she was beaten.14 It is estimated that nearly 10,000 women in Moldova, Romania, and Ukraine are working in the sex industry in Bosnia, and 120,000 women and girls are smuggled into the countries for sex or labor.15 Some of these girls are even used by the police for sex. In February, 2001, a raid occurred in a nightclub in Bijelina. Upon investigation, IPTF officials discovered more than 20 Bijelina police officers received sex in return for tipping the owners of the nightclub when raids were to occur.16 According to Stefo Lehmann, spokesman for the U.N., he said that trafficking would not be as prosperous as it is if it wasn’t for the police officers being so corrupt. He blames the officers corruptness in large part to their low income.17 In one case a Ukrainian women was purchased by a police officer and forced to work at a nightclub dancing and prostituting.18 Bosnia and Herzegovina is comprised of two entities – Republika Srpska (RS) and the Federation of Bosnia and Herzegovina, each with its separate legal system. There is no federal legislation that criminalizes trafficking in persons as a distinct offense. Instead, traffickers can be prosecuted under several provisions of the Criminal Code that relate to aspects of trafficking. The offense that is most closely related to trafficking is establishing slavery, punishable by imprisonment of 1 to 10 years, and transporting enslaved people, punishable by imprisonment of 6 months to 5 years; if such offenses are committed against a minor, the penalty increases to a minimum of 5 years. [21] In addition, the Criminal Code penalizes abduction (Article 184), unlawful deprivation of freedom (Article 187), forced sexual intercourse (Article 222), sexual intercourse with a minor (Article 224), and forging of documents (Article 351). The Code also provides penalties for a number of prostitution-related offenses, namely procuring and pandering, which is punishable by imprisonment of up to 3 years and a fine, or by imprisonment of 3 months to 5 years for cases where a victim is a minor; [22] and recruiting, inducing, inciting, or luring women into prostitution, which is punishable by imprisonment of 3 months to 3 years, or by imprisonment of 1 to 10 years for cases where a victim is a minor. [23] It should be noted, however, that the police does not recognize these offenses as related to trafficking in persons, and the judges do not interpret them as such and generally impose lenient penalties. [24] By contrast, the draft Federal Criminal Code, which was enacted by the High Representative in January 2003, [25] recognizes trafficking in persons as a distinct offense. The draft Article 186 defines as means of trafficking “the threat or use of 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 the giving or receiving of payments or benefits to obtain the consent of a person having control over another person.” [26] The general purpose of trafficking is exploitation, which includes “exploiting other persons by way of prostitution or of other forms of sexual exploitation, forced labor or services, slavery or slavery-like practices, serving under coercion or removal of organs for the purpose of transplantation.” [27] The punishment is imprisonment of 1 to 10 years, [28] increasing to a minimum of 5 years if the victim is a child. [29] Organization of a criminal group for the purpose of trafficking is punishable by imprisonment of at least 10 years, [30] and facilitating the act of trafficking is punishable by imprisonment of 6 months to 5 years. [31] In addition, the draft Criminal Code contains revised provisions related to establishment of slavery and transport of slaves (Article 185) and unlawful deprivation of freedom (Article 147), and introduces penalties for such offenses as international procuring in prostitution (Article 187) and withholding of identity papers (Article 188). In Republika Srpska, the new Criminal Code has entered into force in October 2001. The Code establishes a specific offense of trafficking in humans, which is punishable by imprisonment of 6 months to 5 years; [32] the penalty increases to 1 to 12 years if the crime is committed against a person under 21 years. [33] If the offense involves “use of force or serious threat of force or other significant harm,” it is punishable by 1 to 5 years of imprisonment. [34] However, Article 188 is very limited in scope; it covers only the cases of trafficking for the purposes of prostitution. In addition, in order to prosecute a person under this provision, it is necessary to prove that he/she has received material gain for the sexual services of a trafficked woman, which is very difficult. Some experts have noticed a paradoxical outcome that Article 188 has produced; namely, it has replaced two provisions of the former Criminal Code that prohibited slavery and mediation in the exercise of prostitution, under which it was easier to prosecute traffickers. [35] The new Criminal Code of Republika Srpska also prohibits exploitation and abuse of children for purposes of pornography, which is punishable by imprisonment of 6 months to 5 years. [36] In addition to this provision, other articles of the Criminal Code that can be used against traffickers include abduction (Article 144), unlawful deprivation of liberty (Article 145), and a number of sexual offenses (Articles 184-186). Prostitution is not penalized under the new Criminal Code of Republika Srpska; however, it is treated as misdemeanor under the Law on Public Order and Peace of 1998. In April 2002, police caught a crime ring that was responsible for trafficking many immigrants internationally. After this raid further investigations were launched into Bosnia and the surrounding European countries to fight trafficking. In September 2002, there were 20,558 raids that identified 237 trafficked victims. But, although the government is trying to fight trafficking, it has not been involved with it as much as other countries would hope; and the most trafficked area in Bosnia-Herzegovina remains the main transport point with little done to try and change it.20 The number of arrested traffickers has actually decreased since 2001. That year, 53 persons were charged with human trafficking; however, only 19 were charged with this offense in 2002; and only 8 were charged since the beginning of 2003. [37] The number of convictions for trafficking has also been very low. As of late 2001, there have been 11 successful cases of prosecution of traffickers in Bosnia. In 2001, only a handful of persons were sentenced for trading in women for prostitution: one to 3 years, one to 2 years and 4 months, and one to 1 year and 3 months of imprisonment; several others were sentenced to 4-5 months of imprisonment. [38] One of the major impediments to successful prosecution of traffickers has been the lack of victims’ testimonies, who are often the only witnesses that can testify, due to their repatriation prior to the trial. Thus, as of 2001, only 17 victims of trafficking have testified at trial against nightclub owners or traffickers. [39] Other reasons include inadequate laws lack of political will on the part of Bosnian government to effectively prosecute the traffickers; [40] “lack of systematic education plan of the law enforcement and judiciary especially with regard to implementation of the newly adopted laws;” [41] and lack of coordination on the part of different law enforcement agencies. [42] The Bosnian government has taken some limited steps aimed at preventing trafficking in persons. Thus, it has established National Working Group on Trafficking under the leadership of the Ministry of European Integration in November 2000, to coordinate anti-trafficking activities of the governmental agencies, international organizations and the NGOs. In December 2001, the government has also adopted the National Plan of Action to Combat Trafficking, which was developed jointly by the Ministry of European Integration and the Ministry of Human Rights and Refugees and focuses on such areas as legal reform, awareness raising and education campaigns, assistance to victims of trafficking, and border control and law enforcement.21 Although the Bosnian legislation does not contain any provisions related to protection of victims of trafficking, certain protective measures are envisioned in the National Plan of Action to Combat Trafficking. The Federal Law “On Special Witness Identity Protection in Criminal Proceedings in the Federation of Bosnia and Herzegovina,” which was passed in March 2001, allows witnesses and victims, whose “life, body, and freedom” may be threatened as a result of testimony, to testify under a pseudonym before the council of judges of the Supreme Court of the Federation of Bosnia and Herzegovina, so that their identity is not revealed to the perpetrators of a crime. In addition, the Federal Law “On Movement or Stay of Aliens and Asylum,” adopted in 2002, specifically requires the government to provide protection and assistance to victims of trafficking for the purpose of their rehabilitation and repatriation into the country of origin. [43] Recently, there has been a change in the government’s attitude towards victims of trafficking. Earlier the victims were routinely deported to their countries of origin or detained in reception centers and prisons; however, the government has been able to streamline its referral mechanism, so that now many victims are referred for assistance to various NGOs and are placed in adequate shelters. [44] However, the predominant view still treats victims of trafficking as illegal immigrants; and victims are often prosecuted as criminals. Thus, only 35 percent of all victims of trafficking are recognized as such; and only 7 percent of them get some kind of assistance or protection. [45] “Most often, trafficking victims, [and] not traffickers, faced prosecution, detention, and fines for illegal entry into the state, document fraud, and failure to procure a work permit – all administrative violations that directly arose from their status as trafficking victims.” [46] In 2001, the Ministries of Interior of both the Federation and the Republika Srpska have conducted Operation “Macro,” during which 39 bars were raided in one night. As a result of the operation, the government has detained 177 foreign women; of them, only 13 were referred to IOM for assistance. Many others have expressed the desire to return to their countries of origin, but were not given such option. As a result of this operation, 34 foreign women were found guilty of prostitution; all of them were sentenced to either imprisonment of 15 days or fines, and were ordered deported. It had been noticed, however, that in practice deportation had little consequences, since there are no way to implement the deportation orders. Thus, according to local sources, the majority of these women have returned to the places where they were found. [47] The government currently does not operate any shelters for the trafficked victims; however, establishment of such shelters has been designated as a priority under the National Plan of Action to Combat Trafficking. The Ministry of Human Rights has developed a plan to build a shelter that would provide victims with accommodations, as well as medical and other assistance. The shelter is to be operated by local staff trained to work with the trafficked persons and will cooperate with the NGOs and the IOM. Presently, there are two IOM-operated shelters in Sarajevo, for which the government provides police guards. The shelters provide psychological and psychiatric services, medical assistance and testing, and educational services, arrange travel documents and ensure the safe repatriation of the victims to their countries of origin. However, only those victims of trafficking who are willing to return to their home countries are eligible for assistance through IOM shelters. [48] Bosnian laws now provide for the possibility of granting temporary residency status to foreign victims of trafficking in persons. Such measure is labeled as “temporary residence on humanitarian grounds.” Thus, victims of trafficking may be granted such status only “for the purpose of providing protection and assistance for [their] rehabilitation and repatriation into the country of [their] habitual residence.” [49] In addition, minor foreign children who were abandoned or are victims of organized crime can be granted temporary residence for any purpose. [50] The duration of such temporary residency is not defined in the law. The law also provides for granting temporary residence to victims of organized crime who are willing to cooperate in investigation of those crimes or to participate in the criminal proceedings against the perpetrators in any capacity, including as a plaintiff, an injured party, or a witness. [51] Special responses are needed in order to combat the problem of forced prostitution and trafficking in the areas of Bosnia that house the bases of international peacekeeping missions. One of the responses to this problem has been introduced by the UN Mission in Bosnia (UNMIB) in 2001. The Special Trafficking Operation Program (STOP) has conducted numerous raids against night bars and brothels throughout the country. During its existence until January 2003, STOP has been involved in 846 police raids against brothels in Bosnia, has shut down 152 out of 240 brothels, and interviewed over 2,300 women, out of which 265 were identified as victims of trafficking and repatriated. [52] However, there has been little cooperation between STOP and the local authorities; some have even criticized the STOP’s raids as being “basically for show and completely amateurish.” [53] Initially when EUPM took over the UNMIB in January 2003, there were fears that brothel raids conducted by international forces will discontinue, as the EUPM wanted to place more responsibility for combating trafficking on the local police. However, EUPM continued to provide supervision to the Bosnian police in cracking down on trafficking. As a result of their joint efforts, during the first five months of 2003, 126 raids against suspected brothels and nightclubs were conducted, which resulted in criminal charges of human trafficking and pimping against twenty-one Bosnians. 258 women were interviewed at the brothels, and about 10 percent of them requested assistance as victims of trafficking. [54] The main NGO that has raised awareness is UNHCHR, Inter-Agency Gender Co-ordination Group. They have organized forums of information to international agencies and have made it their priority to advocate against trafficking. In addition the RING, which is composed of ten NGOs, is helping with victims and support of trafficked women and children in Bosnia Herzegovinia.22 The leading international NGO responsible for anti-trafficking work is the International Human Rights Law Group. Through this NGO the RING was established.23 In addition the IOM carried out an awareness campaign to the youth in Bosnia Herzegovina about the trafficking risks and available help.24 In December 2002, the federal Ministry of Interior signed the Tirana Declaration of Commitments on Legalization of the Status of the Trafficked Persons. [55] Bosnia and Herzegovina is also a participant in the Southeast European Cooperation Initiative (SECI) and has recently participated in the regional crackdown on trafficking, which in just several days helped identify hundreds of victims and of traffickers. [56] Bosnia and Herzegovina has ratified the UN Convention Against Transnational Organized Crime and has signed the UN Protocol on Prevention, Suppression and Prosecution of Trafficking in Persons, Especially Women and Children. --------------------------------------------------------------------------------
[15] Country Report on Trafficking in Persons, Bosnia-Herzegovina, U.S. Department of State, 2002.
[16] Country Report on Trafficking in Persons, Bosnia-Herzegovina, U.S. Department of State, 2002. [17] Country Report on Human Rights Practices, Bosnia-Herzegovina, U.S. Department of State, 2001. 4 Aida Cerkez-Robinson, “Southeast European Countries to Meet to Battle Human Trafficking, Prostitution,” Associated Press Worldstream, 13 December 2001 5 “Sex Trafficking: Sarajevo, Belgrade, Major Destinations, Transit Points,” UN Wire, 17 April 2002 6 Nidzara Ahmetasevic, Julie Poucher Harbin, “Thousands of Women Lured into Bosnian Brothels,” Institute for War and Peace Reporting, 18 April 2002. 7 “U.N. Unit Conducted 600 Raids and Freed 182 Trafficked Women in First Year of Mission,” Associated Press Worldstream, 1 August 2002 8 Richard C. Hottelet, “A River of Balkan Challenges,” The Christian Science Publishing Society, 27 August 2002 9 Human Rights Watch, “Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution” Report, November 2002, <http://www.hrw.org/reports/2002/bosnia/>. 10 “Slave Market Feeds EU Flesh Trade,” The Sunday Herald, 8 April 2002. 11 Nidzara Ahmetasevic, Julie Poucher Harbin, “Thousands of Women Lured into Bosnian Brothels,” Institute for War and Peace Reporting, 18 April 2002 [19] Forced Prostitution Moving Underground in Bosnia: EU Police, Agence France Press, 25 June 2003. [20] Ibid. 12 Worst Forms of Child Labor Country Report, Bosnia-Herzegovina, 2001 13 Human Rights Watch, “Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution” Report, November 2002, <http://www.hrw.org/reports/2002/bosnia/>. 14 Human Rights Watch, “Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution” Report, November 2002, <http://www.hrw.org/reports/2002/bosnia/>. 15 “Bosnian Daily Views Human Trafficking Chain Originating in Balkans Region,” BBC Monitoring International Reports, 27 October 2002 16 Country Report on Human Rights Practices, Bosnia-Herzegovina, U.S. Department of State, 2001. 17 12/Nov/01 ROMANIA: FEATURE-EU HOPEFULS IN DAUNTING FIGHT AGAINST SLAVE
TRADE.By Daniel Simpson 18 Human Rights Watch 2002 Human Rights Watch, “Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution” Report, November 2002, <http://www.hrw.org/reports/2002/bosnia/>. [21] Article 167. [22] Article 228. [23] Article 229. [24] Trafficking in Human Beings in Southeastern Europe, p. 67. [25] The new Code will enter into force only after its ratification by the Parliamentary Assembly of Bosnia and Herzegovina. [26] Article 186 para. 1 (draft). [27] Article 186 para. 5 (draft). [28] Article 186 para. 1 (draft). [29] Article 186 para. 2 (draft). [30] Article 186 para. 3 (draft). [31] Article 186 para. 4 (draft). [32] Article 188(1). [33] Article 188(4). [34] Article 188(2). [35] Trafficking in Human Beings in Southeastern Europe, p. 67-68. [36] Article 189. 20 David Binder, “Officials: Bosnia Doing Little to Combat Sex Trade,” The New York Times, 20 October 2002 [37] Forced Prostitution Moving Underground in Bosnia: EU Police, Agence France Press, 25 June 2003. [38] Trafficking in Human Beings in Southeastern Europe, p. 67. [39] Ibid. [40] BiH Fails to Confront State complicity in Trafficking in Women: Human Rights Watch, Agence France Press, 26 November 2002. [41] Stability Pact Notes Progress in Curbing Human Trafficking in Bosnia, Global News Wire – Asia Africa Intelligence Wire, 20 June 2003. [42] Ibid. 21 Trafficking in Human Beings in Southeastern Europe, p. 69. [43] Article 36. [44] Stability Pact Notes Progress in Curbing Human Trafficking in Bosnia, Global News Wire – Asia Africa Intelligence Wire, 20 June 2003. [45] Bosnian Daily Views Human Trafficking Chain Originating in Balkans Region, Global News Wire – Asia Africa Intelligence Wire, 27 October 2002. [46] BiH Fails to Confront State Complicity in Trafficking in Women: Human Rights Watch, Agence France Press, 26 November 2002. [47] Trafficking in Human Beings in Southeastern Europe, p. 66-67. [48] Trafficking in Human Beings in Southeastern Europe, p. 72. [49] Article 34(1)(a), Federal Law “On Movement or Stay of Aliens and Asylum.” [50] Article 34(1)(b), Federal Law “On Movement or Stay of Aliens and Asylum.” [51] Article 34(2), Federal Law “On Movement or Stay of Aliens and Asylum.” [52] Barbara Crossette, Behind the Front Lines: Far Away and Out of Sight, U.N. Peacekeepers Engage in Sex Trafficking, The Seattle Post Intelligencer, 15 June 2003, p. F1. [53] Dominic Hipkins, Bosnia Sex Trade Shames U.N., Scotland on Sunday, 9 February 2003, p. 24. [54] 21 Bosnians Face Charges for Human Trafficking, Agence France Press, 30 July 2003. 22 UNICEF/UNOHCHR/OSCE-ODIHR, “Trafficking in Human Beings in Southeastern Europe” Report, June 2002, <http://www.unhchr.ch/women/trafficking.pdf>. 23 UNICEF/UNOHCHR/OSCE-ODIHR, “Trafficking in Human Beings in Southeastern Europe” Report, June 2002, <http://www.unhchr.ch/women/trafficking.pdf>. 24 UNICEF/UNOHCHR/OSCE-ODIHR, “Trafficking in Human Beings in Southeastern Europe” Report, June 2002, <http://www.unhchr.ch/women/trafficking.pdf>. [55] Southeast European Countries to Draft Joint Strategies Against Human Trafficking, Xinhua News Agency, 14 December 2002. [56] 12 Nations in Southeast Europe Pursue Traffickers in Sex Trade, The New York Times, 19 October 2003.
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