Violence and trafficking

Today, every country in the CEE/CIS Region is an origin, transit or destination point for trafficked children.

Trafficking of children is defined in the Optional Protocol to the CRC (the Palermo Protocol) as the “recruitment, transportation, transfer, harboring or receipt of persons for the purpose of exploitation (not always sexual).” Exploitation includes at a minimum prostitution or other forms of sexual exploitation, forced labour, slavery or practices similar to slavery, servitude or the removal of organs.

• The 2004 report, “Trafficking in Human Beings in South Eastern Europe ”, estimates that 90% of foreign females working in prostitution are alleged victims of trafficking; an estimated 10%-15 % are girls under age 18.

• Younger children, both boys and girls are trafficked for forced labour, begging etc.

• Unofficial reports also warn of human trafficking, including children, for body organs.

The 2004 report, Trafficking in human beings in South Eastern Europe focuses on prevention of trafficking in these SEE countries: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the UN-administered Province of Kosovo, FYR Macedonia, Moldova, Romania, and Serbia and Montenegro. The report focuses on the status of the implementation of National Plans of Action, legislative reform, victim assistance, trafficking in children, and prosecution. It also serves to update the 2002 review of the situation and responses to trafficking in SEE presented jointly by UNICEF, UNOHCHR and OSCE/ODIHR in June 2002.

The data for the 2004 report were collected between November 2002 and April 2003 and are presented as the results of concrete actions that have been taken by the participating agencies, governmental, non-governmental and international organizations. The general situation of trafficking in human beings in SEE is similar to the one outlined in the 2002 report. However, some new trends have become apparent. The estimated numbers of trafficked women being identified and assisted have dropped significantly from an estimated 35% of all trafficked women in 2002. Traffickers have modified their modus operandi as SEE governments start to enforce anti-trafficking legislation. In effect, trafficking has again become harder to uncover. There has also been an increase in trafficking within the region, with Balkan countries becoming countries of destination as well as origin and transit.

Governments have started to play a leading role in the fight against trafficking, resulting in enormous improvements in government structures and anti-trafficking legislation throughout the region. National Coordinators have been appointed to oversee the implementation of National Plans of Action against trafficking and anti-trafficking actions have become much better coordinated at all levels, between agencies, bilaterally and regionally. The majority of new legislation throughout the region complies with the definition in the Palmero Trafficking Protocol.

The issues of trafficking in children and internal trafficking are being addressed in line with the priorities of the Stability Pact Task Force on Trafficking in Human Beings for 2003. Usually the only evidence available against traffickers is the testimony of their victims, but this evidence can be difficult to secure convictions with if it is unsubstantiated by other proof. Victims are already in a vulnerable state and there is a lack of appropriate protection for such witnesses throughout the region. For example, trafficked women often only testify because they believe their illegal residency status means they are obliged to do so. The European Union Police Mission in Bosnia and Herzegovina is shifting the emphasis of anti-trafficking law enforcement away from starting cases with the discovery of victims to discovering the traffickers, leading the way towards more “objective” evidence collection in the region.

Victims need to be properly informed about their rights, including the right to legal support and protection. They also need sufficient time to make an informed decision. The human rights perspective needs to be further emphasized in anti-trafficking actions generally. The police still tend to treat women picked up in bars or at border crossings as criminals rather than as victims. The assisting agencies need to pay particular attention to standard operating procedures, a human rights perspective and to developing strategies to hand over their programmes to local agencies. One of the main objectives of the Stability Pact anti-trafficking programme is to encourage and support the countries of SEE to assume control of both national and regional initiatives to combat trafficking.

Progress is being made across SEE, although the countries of the region are placing emphasis on different aspects of the trafficking problem. However, the overall must be to bring together these strands of progress to create a consistent, integrated and human rights-based strategy.