Trafficking Routes
Macedonia is primarily a transit country, but is also a country of destination for trafficked persons. Women from Ukraine, Moldova, Romania and Bulgaria are trafficked to Macedonia, and from there, into Albania, Kosovo or Italy.[1] Entrance into Macedonia is usually gained from Serbia (area of Kumanovo, part of Kosovo and the area of Tetovo) and Bulgaria (Kriva Palanka, Delcevo and Strumica), while the illegal exit channels are based in Dojran and Gevgelija to Greece, and from the area of Struga to Albania. When in transit, the trafficked women are kept in the Western towns of Macedonia (Tetovo, Gostivar, Velesta), or in the predominantly tourist areas of Ohrid and Struga[2]. “IOM estimates that around 250,000 girls from Eastern Europe are being trafficked through Serbia and other neighboring countries. Southern Serbia is one of the main centers of illegal trafficking of Balkan women. According to IOM, after women arrive in Serbia, they are divided into two groups. They are either sent to Kazoo to serve the 60,000 international workers, or they are illegally sent through Montenegro to northern Albania and from there to Italy and to other western states.”[3] A police officer in charge of asylum and immigration in Macedonia’s capital states that the country has been mainly a transit country over the last 10 years for traffickers moving women from Eastern Europe and the former Soviet bloc to Western Europe.[4] Although numbers are difficult to estimate, one police report suggests that 2,400 to 2,600 trafficked women are staying in Macedonia at any given time.[5] The International Organization for Migration’s (IOM) center based in Skopje assists numerous victims of trafficking. Between August 2000 and March 2001, IOM Skopje helped 200 trafficked women return home. Most of the women came from Moldova (119) and Romania (54). Others came from Ukraine (12), Belarus (9), Bulgaria (3), and Russia (3).[6] Furthermore, IOM repatriated 300 women from Macedonia in 10 months between October 2000 and July 2001. Seventy percent were from Moldova, and others were from Bulgaria, Ukraine, and Belarus. Ninety percent of the women were not told that they would be going abroad for sex.[7] In April 2001, a new IOM shelter in Skopje received its first beneficiaries: three girls age 16, 17, and 18 from Romania and Moldova. They reported that they had escaped from a bar where they had been forced into prostitution.[8] According to the Organization for Security and Cooperation in Europe, the Macedonian government has deported 500 trafficked women between August 2000 and July 2001.[9]
Contributing Factors to the Trafficking Infrastructure Political and economic crisis within Macedonia, combined with the increased volatility of the Balkans[10] has contributed to the recent increase in trafficking. The heavy international presence in the region fueled the demand for prostitutes simultaneously.[11] Trafficking significantly decreased for a brief period during the 2001 security crisis, only to rise sharply, shortly thereafter. The lack of police control in Western Macedonia is attributed for most of this increase in trafficking.[12] Trafficking to and through the country is reportedly linked to organized crime groups, which stretch from the Balkans to Eastern Europe and Former Soviet Union. These groups are invariably involved in arms and drug trafficking.[13] Trafficking victims are subject to violence, including rape, assault, and intimidation. One Ukrainian woman reported that, under false promises of a lucrative employment abroad, a few girls were taken to the northern town of Kumanovo, where they were forced to work for no pay and were severely beaten after their unsuccessful efforts to escape.[14] There have been reports of police involvement in trafficking in persons, particularly on the local level. At least two law enforcement officials have been dismissed for accepting bribes from traffickers.[15]
Forms of Trafficking Trafficking for the purpose of prostitution is predominant. Military prostitution is wide spread, due to the foreign military presence.[16] The total number of international workers in the region amounts to 60,000 people.[17] A German TV station reported that German soldiers, under the full awareness of their superiors, frequented brothels in Western Macedonia that used underage girls as prostitutes.[18] According to various sources the estimated number of possible trafficked women in FYR Macedonia varies from 1500 to 2500.[19] Debt bondage is common, as women are forced to work to pay back the money bar owners spent on buying them. The moment the debt is paid, women are sold on, so that they have no money of their own and are constantly dependent on traffickers.
Prostitution is more often carried on from hotels and rented apartments, than from clubs and brothels, because of the criminal charges that can be filed against the owners. Women are sent to service clients with taxi drivers who are paid by the club owners and are supposed to watch them.[20]
Government Responses The Government of Macedonia fully complies with minimum standards for the elimination of trafficking, including making serious and sustained efforts to eliminate severe forms of trafficking in persons with respect to law enforcement, protection of victims, and prevention of trafficking. Macedonia introduced amendments to its Criminal Code, which became effective January 1, 2002. The new provisions establish a specific criminal offense of human trafficking, punishing it with imprisonment of at least 4 years.[21] If the offense is committed against a child, or involves organizing a criminal group, the minimum punishment becomes 5 years.[22] Article 418-a uses a broad definition of what constitutes trafficking through various means and for various purposes. The means of trafficking include “serious threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of self power or of a position of other person's vulnerability or of giving or receiving of payments or benefits to achieve the consent of a person having control over another person.”[23] The purposes include “exploitation through prostitution or other forms of sexual exploitation, forced labor or servitude, slavery or practices similar to slavery or removal of organs.”[24] The crime of trafficking also encompasses such related offense as seizing or destroying identification documents of a trafficked person, which is punishable by 6 months to 5 years of imprisonment.[25] Although prostitution is legal in Macedonia, the Criminal Code prohibits recruiting, instigating, stimulating, or enticing another for the purposes of prostitution. Punishment is imprisonment of 6 months to 5 years.[26] The use of force, threats, or deceit to procure sexual services for another for profit is also punishable by imprisonment of 6 months to 5 years.[27] Procuring a juvenile or a child for sexual acts is penalized under several provisions of the Code and punishable by imprisonment for up to 5 years.[28] Organizers of such crimes can be sentenced for 1 to 10 years of imprisonment.[29] In addition, the latest amendments to the Criminal Code establish criminal liability of a person who “uses or enables another person’s usage of sexual services from the persons who he knows are victims of trafficking;” the penalty ranges from 6 months to 5 years of imprisonment[30] or a minimum of 5 years of imprisonment if the victim of trafficking is a minor.[31] Prior to the enactment of Article 418-a, Macedonia prosecuted suspected traffickers under the provisions related to coercion (Article 139), illegal deprivation of freedom (Article 140), kidnapping (Article 141), statutory rape or sexual assault (Articles 187-189), mediation in conducting prostitution (Article 191), procuring and enabling sexual acts (Article 192), and illegal crossing of state borders (Article 402), and founding a slave relationship and transport of persons with slave status (Article 418). Although the latter article on slavery was seemingly the closest equivalent of trafficking, it was rarely invoked for prosecution of traffickers. The most commonly used articles in prosecuting cases of trafficking have been those on illegal crossing of borders, mediation in performing prostitution, and pimping and enabling of sexual acts. In 2000, however, for the first time criminal charges were brought against eight persons under Article 418.[32] Since the passage of the new Article 418-a, Macedonia has already had a number of arrests, including that of an alleged organizer of a trafficking ring. Regarding earlier prosecutions, the following statistics are available. The Task Force to Combat Trafficking has been set up within the police force in 2000, with representatives in all districts of the country. According to the police, in 1995-2001, 147 persons were arrested for trafficking. According to the Public Prosecutor Office, there were 80 cases of prosecution of traffickers in 1997-2000. As of late 2001, only 30 cases have been completed; one person received five years in prison, the rest were fined and paroled. Four cases were dismissed and 47 cases were still pending.[33] The major difficulty with prosecuting traffickers had been the lack of evidence against them that could be introduced in the court; victims of trafficking had not been present to testify against their traffickers.
In addition to specific trafficking-related offenses, a number of other statutes can be used against the traffickers. Thus, the Criminal Code penalizes anyone who receives, exchanges, distributes, or in some other way covers up the origin of money or other property while knowing that the money or property has been obtained through criminal activity.[34] This provision covers a wide range of mechanisms and methods that can be used for laundering the proceeds of crime and imposes harsh penalties on the perpetrators. The Code also penalizes corruption of public officials and their misuse of official position or authorization.[35] Macedonian Labor Relations Act sets the minimum age of employment at 15 years and prohibits overtime or night work by children, or work that may be harmful or threatening to their health or life. These prohibitions may be used against those who commit acts of trafficking against children. Current Macedonian legislation does not address the issues of the prevention of trafficking or the protection of victims of trafficking. However, the government has appointed the National Council on Trafficking and Illegal Migration in February 2001 and appointed the Minister of Interior s the National Coordinator on Trafficking. The National Council has set up an Interdisciplinary Committee to draft new anti-trafficking legislation that would bring Macedonian legislation into accordance with the Palermo Protocols. In addition, the Ministry of Labor and Social Policy has developed a National Plan of Action for Gender Equality, which includes provisions related to prevention of trafficking. In June 2001, IOM and the government signed an agreement requiring the police to screen all female migrants, both with and without the valid documents, to determine whether they may be victims of trafficking; if they are, the police must inform IOM about these cases. The identification and referral system for trafficked women operates within the framework of this agreement. The police identify women who might be trafficked and transfer them to the shelter in Skopje where IOM makes a second assessment. During the period August 2000 to November 2001, IOM Skopje directly assisted 328 trafficked women to return to their countries of origin: 60 percent to the Republic of Moldova; 27 percent to Romania; and the rest to Ukraine, Belarus, Bulgaria, Russia and Kosovo. Twelve percent were under the age of 18. Thirty four percent had valid travel documents when they were picked up. In March 2001, the Ministry of the Interior opened a Reception and Transit Center for trafficked women, with capacity for 20-30 persons. The Center provides extended legal stay for the trafficked women on a voluntary basis; however, only victims awaiting repatriation may stay at the Center. IOM is taking care of the day-to-day management of the shelter and medical screening, while the government provides security and funding for the Center. During the period March to November 2001, 148 women stayed at the Center and were returned to their countries of origin by IOM. The conditions in the Center are very good, and women have protection from traffickers. However, they have contact only with the police and IOM, and are not prepared for going back home. No information on their legal situation or rights is provided, and there is no psychosocial support available at the Center. According to the police, all trafficked women that come in contact with the police reach the Center and are repatriated by IOM. The attitude of the police towards the trafficking victims has improved over the past years. Victims are encouraged to provide information for criminal prosecution, and may in theory file suit against traffickers, although the latter is not done in practice. Although victims may not gain temporary residency status in Macedonia, the government has facilitated the return of victims so they could testify against traffickers.[36] However, as the Center receives only those victims who are willing to return to their country of origin, trafficked women that did not want to take part in the IOM program may have simply been deported. In the period between November 2000 and July 2001, approximately 500 foreign women were deported from the country. Deportation means accompanying the women only to the border of Macedonia, so the women usually go straight back into the trafficking cycle. Despite efforts by IOM and OSCE to raise awareness, some police officers continue to see trafficked women as illegal prostitutes. For instance, there are reports that foreign women identified during police raids at night bars are routinely arrested immediately after it is established that they are involved in prostitution.[37] This is in contrast to the strong government stance against trafficking. There is also information about police turning a blind eye for and cooperating with traffickers. Trafficked women are aware of the role played by the police and are afraid to ask for help. There are almost no cases of women turning to the local police for help and most of the women come to the attention of the police through bar raids. Out of 148 women who received assistance in the Center, 90 percent were identified during police raids on clubs and brothels and only a few were referred to the shelter after they sought assistance from the local police or the Romanian Embassy.[38]
International Cooperation and Conventions Macedonia cooperates extensively on anti-trafficking efforts with other countries in Southeastern Europe. Thus, in December 2002, the Macedonian Ministry of Interior signed the Tirana Declaration of Commitments on Legalization of the Status of the Trafficked Persons.[39] During summer and fall of 2003, Macedonia has also signed cooperation agreements related to combating organized crime and trafficking in persons with the Albanian Ministry of Public Order and the UN Interim Administration Mission in Kosovo (October 2003)[40] and a memorandum on police cooperation with Serbia and Montenegro (July 2003).[41] The latter agreement has already resulted in some practical achievements. Thus, only one month after the agreement was signed, a Macedonian named Dilaver Bojku, who is seen as a regional king of prostitution and human trafficking, has been arrested in Montenegro after escaping from the police custody in Macedonia; two days after his arrest, he was promptly extradited to Macedonia, where his trial is currently pending.[42] Macedonia 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.[43] Macedonia has not ratified the International Labor Organization (ILO) Convention (105) on the Abolition of Forced Labor; the ILO Convention (182) to Eliminate the Worst Forms of Child Labor; the United Nations (UN) Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; and has not signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Macedonia has signed but has yet to ratify the Palermo Protocols. The current legislation contains no special anti-trafficking provisions.
ILO-C105, No action
ILO-C182, Ratified 30:05:2002
SCAS - Ratified18 Jan 1994 d,
OP-SC, Signed on the 17th of July 2001
MWC, Signed in the 18th of January 1994
PPSPT, No action
CEDAW, No action
UN Convention on the Rights of the Child,
[1] TIP 2002.
[2] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [3] “Kosova sot: UN Men Create Prostitution” Reality Macedonia, March 12, 2002 http://www.realitymacedonia.org.mk/web/news_page.aspnid=1611 [4] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [5] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [6] International Organization for Migration Press Briefing Notes, 23 March 2001. See also International Organization for Migration Press Briefing Notes, 6 April 2001. [7] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [8] International Organization for Migration Press Briefing Notes, 6 April 2001. [9] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [10] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [11] “Under-Age Girls in Brothels Used by KFOR Soldiers: TV,” Agence France Presse, 17 December 2000. [12] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [13] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [14] Carlotta Gall, “Macedonia Village Is Center of Europe Web in Sex Trade,” New York Times, 28 July 2001. [15] HRRPT 2001. [16] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [17] “Kosova sot: UN Men Create Prostitution” Reality Macedonia, March 12, 2002. [18] “Under-Age Girls in Brothels Used by KFOR Soldiers: TV,” Agence France Presse, 17 December 2000. [19] Local NGO and The New York Times, 28 July 2001. [20] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [21] Article 418-a(1). [22] Article 418-a(2)-(3). [23] Article 418-a(1). [24] Ibid. [25] Article 418-a(4). [26] Article 191(1). [27] Article 191(3). [28] Articles 191(4)-(5), 192(1). [29] Article 191(6). [30] Article 418-a(5). [31] Article 418-a(6). [32] Interview with representatives of the Public Prosecutor Office, Skopje, 7 November 2001. [33] Interview with representatives of the Public Prosecutor Office and the Ministry of the Interior, Skopje, 7 November 2001. [34] Article 273. [35] Article 353. [36] TIP 2002. [37] Macedonian Police Detain 37 Foreign Women Involved in Prostitution, Global News Wire – Asia Africa Intelligence Wire, 3 February 2003. [38] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, 2002, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf [39] Southeast European Countries to Draft Joint Strategies Against Human Trafficking, Xinhua News Agency, 14 December 2002. [40] Regional Agreement on Fight Against Organized Crime Signed in Montenegro, Global News Wire – Asia Africa Intelligence Wire, 31 October 2003. [41] Macedonia, Serbia Sign Memorandum on Police Cooperation. Ministry of Foreign Affairs of Serbia and Montenegro, Daily Survey Bulletin, 27 July 2003, at http://www.mfa.gov.yu/Bilteni/Engleski/b270703_e.html. [42] Regional Agreement on Fight Against Organized Crime Signed in Montenegro, Global News Wire – Asia Africa Intelligence Wire, 31 October 2003. [43] 12 Nations in Southeast Europe Pursue Traffickers in Sex Trade, The New York Times, 19 October 2003.
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