Serbia is primarily a country of transit for the trafficking of persons, considering its central geographic location, but it is an origin point as well. Women are trafficked from Moldova, Ukraine, Romania, Russia and Bulgaria through Serbia and into BiH, Kosovo, FYR Macedonia, and Western Europe. Serbia is also an origin country as women are trafficked mostly to Italy, Greece, Albania, Montenegro and Kosovo.[1] A decade of conflict, isolation and sanctions imposed by the international community has ripened the conditions for organized crime to flourish.[2] This unstable environment leaves the many women and children vulnerable to traffickers. There are a number of Serbian prostitution rings smuggling women from Eastern Europe through Kosovo and selling them to Albanian traffickers.[3] The most common documented trafficking routes originate in Ukraine, Hungary, and Romania and run through Belgrade into Kosovo.[4] Routes have also been identified between Serbia and Montenegro in addition to Serbia and Italy.[5] The IOM estimates that 250,000 Balkan women from Eastern Europe are being trafficked through Serbia and Montenegro annually, especially through southern Serbia. Once in Serbia, the women are divided into two groups; 60,000 are sent to service the international workers in Kosovo and the remaining are sent through Montenegro to northern Albania, then to Italy and some to western states.[6] Typically, police raids that have uncovered trafficking routes only inspire new routes to be devised rather than less trafficking to occur. Reports suggest that 50,000 Chinese have also passed through Serbia into Bosnia in the last two years.
Montenegro falls in the top three transit areas of the world according to UN research.[7] Women and girls are trafficked from Serbia into Albania and Western Europe, although it has also become a destination point for women from the Republic of Moldova, Romania, Ukraine, and Russia. However, reports are beginning to show that Montenegro is becoming an origin point as well due to the high unemployment rate, although there have only been a few cases reported to date. Profits of the trade exceed millions of euro for the trade of women through Montenegro to Bosnia and Kosovo. Local police are complicit in issuing documentation and work visas to pimps for their trafficked women. Furthermore, border patrol stations are not properly equipped for checking passports, and visas are not required for travel within the FRY. Thus, police cannot detain BiH and Serbian women for not having a passport during raids or at check points. The lack of investigation results in a difficulty to confirm the actual amount of trafficking that exists in Montenegro. Montenegro has been laden with corruption and scandal in its leaders in the judiciary, police, and political officials. For example, the current deputy state prosecutor of Montenegro was accused of involvement in a high-profile sex trafficking case when a Moldavian women escaped and went to police, only later to have the charges dropped for lack of sufficient evidence.[8] The failure to prosecute this case, which unfolded in September of 2003, marks a major threat to the continuation of future trafficking activities in the region. The OSCE questioned the functionality of the judiciary and the UN urged Montenegro to adhere to rule of law and human rights.[9] The former deputy state prosecutor had just retired from his position earlier this year due to allegations of corruption and involvement in the sex trafficking industry.[10]
According to a Serbian NGO’s survey of 58 foreign sex workers, most of women were recruited purely for economic reasons and were not aware of the type of work they would be engaging in. Poverty and unemployment are the main catalysts of trafficking in this region, complemented by the propaganda endorsing success and happiness abroad. The economies of Serbia and Montenegro are severely depressing leaving women no options but to search for work elsewhere, making them very vulnerable to false advertisements and deception.
Most of the trafficking in Serbia and Montenegro exist in bars, motels, and strip clubs. No information exists on the trafficking and commercial sexual exploitation of children in this region. Roma children however frequently live on the streets of Belgrade having been trafficked for begging. The Romanian Embassy is not concerned about repatriating or providing services for these children.[11]
Serbia and Montenegro have both the federal criminal legislation and the separate criminal legislation for each of the two republics. Additionally, the province of Kosovo, which is currently being administered under the authority of the United Nations Interim Administration Mission in Kosovo (UNMIK), has its separate legal system.
At the federal level, there is presently no legislation that specifically addresses the issue of trafficking or criminalizes trafficking as a distinct offense. However, there are several articles in the Federal Criminal Code that can be used to prosecute aspects of trafficking. Article 155 criminalizes establishment of a relationship of slavery and transportation of persons engaged in a slavery relationship, as well as intermediation in such acts, which is punishable with imprisonment of 1 to 10 years; the penalty is increased to a minimum of 5 years of imprisonment if such acts are committed against a juvenile. The Code also prohibits recruitment, coercion or luring women into prostitution and delivery of women for the purposes of prostitution, which is punishable with imprisonment from 3 months to 5 years.[12] A more severe penalty of 10 years of imprisonment is imposed in cases where the women are underage or coerced by threat or force or deceived into prostitution.[13] Prostitution is not considered a crime; however, it is prosecuted as misdemeanor under the federal Law on Public Order and Peace, and is punishable by imprisonment of up to 30 days.[14] Other Criminal Code provisions that may be used against the traffickers include falsifying of official documents[15] and illegal crossing of the state borders.[16]
There are also draft amendments to the Federal Criminal Code of Serbia and Montenegro, which would address the specific offense of trafficking in human beings. The proposed amendments enumerate the means and purposes of trafficking and provide for punishment of imprisonment of 3 to 10 years. The illegal means of trafficking include “threat, or use of force or other forms of coercion, by fraud, deception or abuse of authority, trust, relationship of dependence or position of vulnerability,” while the purposes of trafficking include “sexual exploitation, pornographic use, committing of a criminal activity, engagement in debtor’s or other form of slavery or a relationship similar to slavery, adoption, use in armed conflicts, forced labor.”[17] The punishment increases to 5 to 15 years for aggravated cases of trafficking, committed against a minor older than 14 years, against several persons, as a part of organized criminal activity, by kidnapping, in the course of performance of official duty, in an especially cruel way, or resulting in serious bodily harm or damage to victim’s health;[18] and to a minimum of 10 years of imprisonment for trafficking in minors under 14, for the purposes of organ donation, or resulting in a victim’s death.[19] The victim’s consent to the act of trafficking would also be irrelevant for purposes of establishing criminal liability of the perpetrator.[20]
Serbia has revised its Criminal Code in July 2003, which now provides for a specific offense of trafficking in persons. The offense is punishable with imprisonment of 1 to 10 years and covers the acts of trafficking committed by means of “use of force or means of threat, by deception or perpetuation of deception, the abuse of power, trust or of a position of subordination or vulnerability of another person … for the purpose of obtaining some gain, exploitation of labor, criminal activities, prostitution or begging, for pornographic purposes, removal of organs for transplantation or exploitation in armed conflicts.”[21] The penalty is increased to a minimum of 3 years for trafficking of several persons, committed by kidnapping, in the course of performing and official duty, in a particularly cruel or humiliating way, or resulting in serious bodily harm to a victim,[22] and to a minimum of 5 years for trafficking of minors or resulting in death of a victim.[23] Another new article of the Criminal Code prohibits exploitation of children for the purposes of pornography, with the punishment of 1 to 5 years of imprisonment, increased to a minimum of 3 years for cases involving minors under 14.[24] In addition, traffickers can be prosecuted under related articles of Criminal Code, which provide penalties for coercion,[25] unlawful detention,[26] kidnapping,[27] and pandering.[28]
Montenegro has also amended its Criminal Code in July 2002, providing for a specific offense of trafficking in human beings. The new law provides for imprisonment of 1 to 8 years for trafficking for purposes of forced labor, prostitution, and other forms of sexual exploitation, committed by means of coercion, threat or deception or in any other way.[29] For cases of trafficking involving minors, the punishment is provided as 1 to 10 years of imprisonment. The punishment for organizers of trafficking is fixed at a minimum term of imprisonment of 5 years. If the act of trafficking resulted in serious bodily injury, the traffickers can be sentenced for 1 to 12 years, and if it resulted in a victim’s death, the minimum sentence that can be imposed is 10 years. The offense also covers taking or destroying identification documents of a trafficked person and arranging for the use of sexual services of a trafficked person, each punishable by imprisonment of 6 months to 5 years. Before Article 201-a was enacted, traffickers could only be prosecuted for procuring or permitting sexual abuse under Article 93 of the Criminal Code, which garners anywhere between 3 months and 10 years of imprisonment. Prostitution is penalized under the abovementioned federal Law on Public Order and Peace. However, the National Coordinator on Trafficking has recently expressed a view that prostitution should be completely legalized in Montenegro, as such step would protect both potential prostitutes and their clients.[30]
There are other provisions of Criminal Code that can be used to prosecute the cases of trafficking. In particular, corruption can be punished by an imprisonment of up to 8 years. Moreover, the Federal Constitution provides that “free choice of occupation and employment shall be guaranteed” and that “forced labor shall be prohibited.”[31]
The lack of anti-trafficking legislation, which has been adopted only recently, has impeded successful prosecution for trafficking. Investigation into 74 cases of child trafficking has been launched in 2002.[32] Women’s Safety House, a local NGO, represented a victim in court as she sued her trafficker for abuse and forced prostitution with no success, as the judge released the man with a warning that he might be sentenced for up to a month in jail if he were to engage in this activity again.[33] Only two traffickers were prosecuted in the year 2000 but they received suspending sentences due to weak evidence and frustration in response to the lengthy legal process, which can take 2 to 5 years. Further, due to lack of a structured referral system, the only chances women have to be rescued are from police raids of brothels and clubs.
Even though trafficking has been added to the agenda of the government, it is a low priority and awareness and services are up to the international organizations and NGOs, which receive no state funding. Neither the federal legislation nor the laws of the two republics contain any provisions related to prevention of trafficking or protection of victims of trafficking. Government cooperation with NGOs is weak. However, Serbian NGOs have adopted information campaigns in raising awareness in women’s groups and the general population.[34] In October 2003, Save the Children UK, along with several local NGOs, have launched a regional campaign against trafficking in children in Serbia.[35]
Some efforts have also been undertaken at the governmental level. In particular, both Serbia and Macedonia have set up special anti-trafficking task forces and adopted anti-trafficking action plans. In Serbia, the Initial Board for Combating Trafficking in Human Beings has been set up in June 2001 with the support of federal and republican ministries, local NGOs, international organizations, and media. The Board is headed by the National Coordinator on Trafficking. It has also established four working groups, detailing prevention and awareness, protection of victims, law enforcement, and data collection in coordinating a multi-disciplinary approach to trafficking.[36] In Montenegro, Coordinator for Trafficking has been appointed in February 2001, and Special Task Force on Trafficking and Smuggling has been created in September 2001. The team will include women police officers and will cooperate with SECI in Budapest. The government also supports the Victims Protection Program initiated by the working group established under the Organization for Security and Cooperation in Europe (OSCE).
Cooperation among police, NGOs, and international organizations is also improving. The Montenegrin police and NGOs have cosigned a Memorandum of Understanding (MOU) on victim assistance, which stipulates that the police will not arrest and deport women suspected of being trafficked. Police do not detain any women who have valid documents and have not committed a crime; they simply leave them in the brothels. In practice, no witness protection program exists, and women who do not wish to be repatriated are treated as illegal immigrants in that they are arrested, detained, interrogated and deported to the border.[37] However, the Ministry of Interior is considering introducing a special program for trafficked victims who do not wish to or cannot go back to their country of origin, which will allow them to stay at NGO-run shelters for a certain length of time.[38] The Ministry of Education has also indicated an intention to include the issue of trafficking in the school curricula by disseminating information and training teachers.[39] The practice and referral system is very weak in practice however and women continue to be arrested and deported.[40]
In July 2001, the Federal Ministry of Interior has set up a temporary shelter for trafficked women in the Federal Reception Center for Foreign Citizens, in Padinska Skela. The shelter provides accommodation, medical assistance and counseling for only victims of trafficking who are willing to return to their home countries, while processing of their travel documents and organization of their safe return is pending. However, the shelter does not cooperate with NGOs, which have no free access to the shelter. The government is also looking for a location for a permanent shelter for victims of trafficking, for which the government will provide security and the NGOs will provide medical care and psychological counseling.[41]
Unlike Serbia and Montenegro, the province of Kosovo has specific anti-trafficking legislation. The new Criminal Code of Kosovo was promulgated on July 6, 2003 by the UNMIK Regulation No. 2003/25. It incorporates the criminal sanctions provisions of the earlier UNMIK Regulation No. 2001/4 “On the Prohibition of Trafficking in Persons in Kosovo,” which was issued in January 2001; in addition, it contains a number of other criminal offenses under which traffickers can be prosecuted. The Criminal Code, which has been characterized as “the most modern criminal code in the region,” will come into force on April 6, 2004.[42]
The Code establishes trafficking in persons as a distinct offense, which is punishable by imprisonment of 2 to 12 years.[43] The penalty increases to 3 to 15 years for trafficking in children under 18 years.[44] The organizers of a criminal group to commit trafficking can be sentenced to 7 to 20 years of imprisonment and a fine of up to 500 Euros.[45] The Code also covers several related offenses that can be incriminated to traffickers. These include facilitating the commission of trafficking through negligence, which is punishable by 6 months to 5 years of imprisonment;[46] using or procuring sexual services from a person known to be a victim of trafficking, which is punishable by 3 months to 5 years of imprisonment, or by 2 to 10 years of imprisonment if the victim is a minor under 18 years;[47] and withholding of identification papers, which is punishable by 6 months to 5 years of imprisonment.[48] The penalties for all of the above offenses increase significantly if these offenses are “committed by an official person in the exercise of his or her duties.”[49] The Code also makes the consent of a victim of trafficking irrelevant for the purposes of establishing criminal liability of a perpetrator.[50]
Article 139 contains a definition of means and purposes of trafficking in persons, which is almost identical to the definition in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The means include “the treat 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 achieve the consent of a person having control over another person.”[51] The presence of such unlawful means is not necessary if a victim of trafficking is a child.[52] The general purpose of trafficking is exploitation of a trafficked person, which “include[s], but [is] not limited to, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.”[53]
In addition to the penalties stipulated in Articles 139 and 140, UNMIK Regulation 2001/4 provides for confiscation of property used in or acquired as a result of trafficking and for closure of establishment that were involved in or knowingly associated with trafficking in persons.[54] The proceeds received from confiscated property may be transferred to a special repatriation fund for victims of trafficking.[55]
In addition to the specific offense of trafficking, a number of other articles in the revised Criminal Code can be used against the traffickers. Among them are Article 117 (Crimes Against Humanity), Article 119 (War Crimes in Serious Violation of Laws and Customs Applicable in International Armed Conflict), Article 121 (War Crimes in Serious Violation of Laws and Customs Applicable in Armed Conflict Not of International Character), Article 137 (Establishing Slavery, Slave-like Conditions and Forced Labor), Article 201 (Facilitating Prostitution), Article 202 (Abuse of Children in Pornography), and a range of articles in Chapter XIX of the Code (Criminal Offenses Against Sexual Integrity).
While the UNMIK Regulation No. 2001/4 fails to address the issue of prevention of trafficking, it contains a number of measures aimed at protection of victims of trafficking, which have not been incorporated into the new Criminal Code. Thus, the Regulation entitles the victims of trafficking to certain protections, provided that the victim requests such protections and that he/she provides “reasonable grounds for belief that she or he is a victim of trafficking.”[56] It also provides for the appointment of Victim Assistance Coordinator responsible for overseeing the implementation of the Regulation’s victim assistance provisions. Most importantly, the Regulation incorporates the principle of non-criminalization of behavior of a victim, stating that “[a] person is not criminally responsible for prostitution or illegal entry, presence or work in Kosovo if that person provides evidence that supports a reasonable belief that he or she was the victim of trafficking.”[57] Victims are also granted a number of procedural safeguards when they participate in criminal proceedings against the perpetrators. These safeguards prohibit defendants in trafficking cases from introducing into proceedings the evidence of the victim’s alleged character or personal history (unless specifically authorized by a judge) and permit victims to present their testimonies to the court in camera or through electronic or other special means.[58] Further, victims are entitled to free legal representation in both civil and criminal matters related to trafficking and to free interpreting services in the language of their choice.[59] Moreover, victims of trafficking have the right to compensation of civil damages, which they can exercise by filing a separate motion for property claim; this motion can be settled in the course of the criminal proceedings.[60] In addition, the new Criminal Procedure Code of Kosovo, which was promulgated together with the new Criminal Code, contains a separate chapter pertaining to witness protection.[61]
In addition to these procedural safeguards, victims of trafficking are also entitled to basic humanitarian assistance, which includes “temporary safe housing, psychological, medical and social welfare assistance as may be necessary to provide for their needs.”[62] It is important that the Regulation makes both the procedural protections and other types of assistance available to victims irrespectively of whether there are any criminal or other charges pending against a particular victim.[63] Moreover, victims of trafficking cannot be deported solely for their conviction for prostitution, illegal entry, presence or work in Kosovo.[64] Victims of trafficking also have an option not to return to their countries of origin and to remain in Kosovo as refugees.[65]
Serbia and Montenegro has ratified the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the UN Protocol to Prevent and Suppress, and Punish Trafficking in Persons, Especially Women and Children. Serbia and Montenegro also ratified the 2000 UN Convention against Transnational Organized Crime. In 2002, Serbia and Montenegro signed the Tirana Declaration of Commitments to Legalize the Status of the Trafficked Persons during the third regional ministerial forum of the Stability Pact Task Force on the Trafficking of Human Beings.[66] However, it has not ratified the ILO Convention 105 on the Abolition of Forced Labor, the ILO Convention 182 to Eliminate the Worst Forms of Child Labor, the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, the UN International Convention on the Protection of Rights of All Migrant Workers and Members of Their Families, or the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW-OP).
Montenegro has gone further in supporting the efforts of the Stability Pact Task Force on Trafficking and is taking an active role in the Inter Agency Working Group on Trafficking established by the OSCE. UNICEF and the Council of Europe have also shown interest and support in curbing the problem of trafficking in the region.
[1] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[2] International Helsinki Federation for Human Rights, “A Form of Slavery: Trafficking in Women in OSCE Member States: Serbia,” July 2000, http://www.greekhelsinki.gr/
[3] Adriatik Kelmendi, “Kosovo Prostitution Racket Flourishes,” Institute for War and Peace, 28 March 2001.
[4] Adriatik Kelmendi, “Kosovo Prostitution Racket Flourishes,” Institute for War and Peace, 28 March 2001.
[5] Adriatik Kelmendi, “Kosovo Prostitution Racket Flourishes,” Institute for War and Peace, 28 March 2001.
[6] “Kosova sot: UN Men Create Prostitution” Reality Macedonia, March 12, 2002 http://www.realitymacedonia.org.mk/web/news_page.aspnid=1611
[7] Associated Press. “Most trafficking victims end up in Germany, U.S. according to UN research.” International News. 5/13/03
[8] Associated Press. “UN human rights envoy in Montenegr plenty of evidence in high-profile case.” International News. 9/4/03.
[9] Associated Press. “UN human rights envoy in Montenegr plenty of evidence in high-profile case.” International News. 9/4/03.
[10] Agence France Presse. “Montenegrin prosecutor steps down over sex slave affair.” International News. 7/15/03.
[11] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[12] Article 251(1).
[13] Article 251(2).
[14] Article 14.
[15] Article 184.
[16] Article 249.
[17] Article 154 (draft).
[18] Article 154(3) (draft).
[19] Article 154(4) (draft).
[20] Article 154(2) (draft).
[21] Article 111-b, available at www.legislationline.org.
[22] Article 111-b(2).
[23] Article 111-b(3).
[24] Article 111-a.
[25] Article 62.
[26] Article 63.
[27] Article 64.
[28] Article 111.
[29] Article 201-a.
[30] Prostitution Should Be Legalized in Montenegro, Says Cejovic, Agence France Press, 4 December 2002.
[31] Article 54.
[32] Rights-Balkans: Serbia Spearheads Drive Against Child Trafficking, Inter Press Service, 14 October 2003.
[33] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[34] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[35] Rights-Balkans: Serbia Spearheads Drive Against Child Trafficking, Inter Press Service, 14 October 2003.
[36] Trafficking in Human Beings in Southeastern Europe, p. 80.
[37] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[37] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[38] Ibid.
[39] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[40] UNICEF, UNHCHR, OSCE, ODIHR: “Trafficking in Human Beings in Southeastern Europe”, http://www.unicef.org/sexual-exploitation/trafficking-see.pdf
[41] Ibid.
[42] Kosovo Gets New Criminal Code, Agence France Press, 6 July 2003.
[43] Article 139(1).
[44] Article 139(2).
[45] Article 139(3).
][46] Article 139(4).
[47] Article 139(5)-(6).
[48] Article 140(1).
[49] Articles 139(7) and 140(2).
[50] Article 139(8)(3).
[51] Article 139(8)(1).
[52] Article 139(8)(4).
[53] Article 139(8)(2).
[54] Article 6(1)-(2).
[55] Article 6(3).
[56] Article 10.
[57] Article 8.
[58] Article 7.
[59] Article 10.1(a)-(b).
[60] Article 107, Criminal Procedure Code of Kosovo (promulgated by UNMIK Regulation No. 2003/26, 6 July 2003; coming into force April 6, 2004).
[61] Chapter XXI, Criminal Procedure Code of Kosovo.
[62] Article 10.1(c).
[63] Article 10.2.
[64] Article 11.
[65] Article 12.
[66] “Southeastern European countries change strategy in fighting human trafficking”, Associated Press Worldstream, December 11, 2002
