Modern Day Slavery
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Anti-Trafficking in Pictures
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OSCE Mission to BiH supports efforts of the BiH authorities to streamline and coordinate their anti-trafficking activities |
Trafficking in human beings is modern day slavery. The majority of victims of trafficking originate from countries undergoing political and economic transition, as well as from countries faced with post-war reconstruction. Prompted by economic disparities, high unemployment rates and/or poor social situations in their home countries, persons belonging to socially vulnerable groups are attracted to the prospect of a better future and are misled with promises of well-paid jobs in more affluent countries. The harsh reality, however, is that they often end up in conditions of slavery or servitude and subjected to serious physical and mental violence.
Trafficking in Bosnia and Herzegovina
Trafficking in Bosnia and Herzegovina (BiH) has been a problem since the mid-1990s. Initially assessed as a transit and destination country, it is now perceived as a country of origin; many trafficking victims are BiH citizens.
In recent years, the BiH authorities and civil society have undertaken a range of legal, administrative and operational measures. However, traffickers took advantage of the early lack of a legal framework and knowledge, weak law enforcement and poor co-operation between actors involved in combating human trafficking. As a result, traffickers have became very skilful in changing the modus operandi to bypass authorities. Trafficking is therefore harder to spot and extremely difficult to combat successfully.
Combating human trafficking in BiH
In April 2005 the BiH Council of Ministers adopted a State Action Plan to address trafficking in human beings. The Plan is the main governmental strategy for combating trafficking and contains a comprehensive range of activities, measures and commitments to be undertaken by the authorities.
The State Co-ordinator for Combating Trafficking in Human Beings and Illegal Immigration in BiH, a post established in 2003, has the primary responsibility to monitor and co-ordinate the implementation of the State Action Plan and related anti-trafficking activities at the many government levels in BiH. The OSCE Mission to BiH seconds a full-time staff member to act as a focal point for its work with the State Co-ordinator.
To combat trafficking in human beings, all duty bearers must take action to address the three key areas of prevention, protection and prosecution.
Prevention
Traffickers use a variety of methods to recruit their victims, including advertisements in newspapers and direct contact with victims through networks of recruiters. Raising awareness of these methods and trafficking in general is a crucial aspect of combating the phenomenon.
In conjunction with its BiH counterparts, the OSCE Mission to BiH will continue to support prevention through awareness raising initiatives and capacity building of professionals and actors, including law enforcement agencies, social welfare services and NGOs. In co-operation with local and international agencies the OSCE Mission also facilitates local anti-trafficking working groups that share information, identify needs and devise solutions.
Protection
A range of measures exists to enable victims to escape their situation, such as access to shelters that offer support within a safe environment. In March 2005 the BiH Ministry of Security signed Protocols of Co-operation and Securing of Adequate and Safe Accommodations and Protection of Foreign Victims of Trafficking in BiH with five non-governmental organisations – Lara, Medica Zenica, Medjunarodni Forum Solidarnosti-Emmaus International, La Strada and Zene BiH. The Protocols regulate the rights and obligations of both parties with regard to provisions of assistance to victims in closed shelters. Additionally, the Ministry of Security and the NGO Vaša Prava signed an agreement to provide free legal assistance to victims of trafficking.
Treatment of foreign victims in BiH is regulated by the Law on Movement and Stay of Aliens and Asylum and the Rulebook on the Protection of Alien Victims of Trafficking in Persons. The Law on Movement and Stay of Aliens and Asylum enables foreign victims to obtain temporary residence permits on humanitarian grounds.
The Procedures for Treatment of Victims of Trafficking in BiH, drafted and signed in July 2005, take into account existing laws and by-laws on the treatment of foreign victims. The aim of the Vlasic Procedures is to clarify misunderstandings in the application of laws and by-laws related to trafficking in human beings. In the past misunderstandings have led to difficulties in co-ordinating anti-trafficking activities.
NGO and law enforcement representatives participate in anti-trafficking training |
Protection for local victims of trafficking is the biggest challenge for authorities; all measures adopted to date concerned foreigners. The Vlasic Procedures envisage procedures for the referral of local victims of trafficking. However, these are only temporary solutions. The OSCE Mission assists BiH authorities investigate regulatory protection for local victims through instruction of the proper treatment of local victims of trafficking.
The OSCE Mission advocates for an effective victim identification mechanism. Effective and early identification prevents the criminalisation of victims for offences such as prostitution and ensures victims receive appropriate assistance.
The Mission also reviews the application of legal measures to assist victims, reports any failures to apply those legal measures to relevant authorities and ensures such failures are addressed effectively.
Prosecution
Prosecution of traffickers is the third priority area. The BiH Criminal Code, the Entity Criminal Codes and the Brčko District Criminal Code contain offences under which traffickers can be prosecuted.
Provisions of the law relating to trafficking and human smuggling are harmonised with the provisions of the UN Convention against Transnational Organised Crime and its two Protocols (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Protocol against the Smuggling of Migrants by Land, Air and Sea).
The criminal offence of trafficking in human beings was defined exclusively in the BiH Criminal Code under Article 186, while the Entity and Brčko District Criminal Codes criminalise other offences closely related to trafficking (like trafficking in persons for the purpose of prostitution or enticing prostitution). The criminal offence of trafficking in human beings is therefore exclusively under the competency of the Court of BiH.
The Mission is working alongside the Criminal Code Implementation Assessment Team to ensure that provisions in the Entity Codes are harmonised. In addition, as part of its trail monitoring programme the mission monitors and reports on cases brought to fore under these provisions.
Prosecutions rely largely on victim testimony yet securing convictions is difficult as victims and witnesses are reluctant to report trafficking due to fear, intimidation and shame. The Law on the Protection of Witnesses under Threat and Vulnerable Witnesses regulates conditions and the rights of protected witnesses. It is an OSCE Mission priority to monitor the application and effectiveness of the Law on Witness Protection.
A further obstacle to securing prosecutions is that victims may be repatriated before testifying, or may not be available at the trial. International human rights standards require that the defence be able to cross-examine witnesses at the trial. The Entity Criminal Procedure Codes contain a specific provision to allow testimony to be taken from victims, in the presence of defence counsel, and before a preliminary hearing judge. Where this mechanism is incorrectly applied, the OSCE Mission brings such cases to the attention of the State Coordinator, as well as the Criminal Code Implementation Assessment Team.
National Referral Mechanism
The OSCE conducted a review of the National Referral Mechanism that addresses trafficking. The project produced a living tool for the State Coordinator and all agencies dealing with trafficking to use as a means through which the effectiveness of activities can be updated on a regular basis.
Following the adoption of instructions on the treatment of local victims of trafficking in human beings, the OSCE Mission will be closely involved in the monitoring process of the implementation of the referral mechanism.
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