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Trafficking Book Trafficking in Women and Prostitu- tion in the Baltic States: Social and Legal Aspects 1 IOM is committed to the principle that humane and orderly migration benefits mi- grants and society. As an intergovernmental body, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic devel- opment through migration; and uphold the human dignity and well-being of mi- grants. Publisher: International Organization for Migration Regional Office for the Baltic and Nordic Countries P.O.Box 851 FIN-00101 Helsinki Finland Tel: +358-9-684 1150 Fax: +358-9-684 11 510 E-mail: [email protected] Internet: http://www.iom.int ISBN-92-9068-117-9 Trafficking in Women and Prostitution in The Baltic States: Social and Legal Aspects © 2001 International Organization for Migration (IOM) All rights reserved. No part of this publication may be reproduced, stored in a re- trieval system, or transmitted in any form by any means, electronic, mechanical, pho- tocopying, recording, or otherwise without prior written permission of the publisher. Opinions expressed in chapters of this work by named authors are those of the au- thors and do not necessarily reflect the views of the International Organization for Migration. 2 Cover design by Kæstutis Vasiliûnas (fragment from Henri de Toulouse-Lautrec’s picture “Mille Cha-U-Ka-O”, 1896). ACKNOWLEDGEMENTS This publication was produced by the Regional Office for the Baltic and Nordic States of the International Organization for Migration (IOM) in Hel- sinki and IOM Vilnius and Riga offices, with the cooperation of the IOM Re- search and Publications Division in Geneva. The publication was financially supported by the Swedish International De- velopment Cooperation Agency (SIDA), and the United States and Finnish Governments in the framework of IOM project “Prevention of Trafficking in Women in the Baltic Countries.” IOM would like to thank to all authors and consultants that contributed to the research and this final publication. Thanks are due to professor Marek Okolski who supervised the work of the sociological module and presented the final analysis of the results of survey- ing. This large work brought results thanks to the concerted efforts and dedi- cated work of the local sociological research team: Jüri Saar, Aet Annist, and Andri Ahven of Estonia; Inna Zariòa of Latvia; and Danutë Tureikytë, Audra Sipavièienë of Lithuania. The legal research was supervised and completed by Heli Askola, with sup- port and valuable contributions from a group of Baltic national consultants: Elmar Nurmela of Estonia; Anhelita Kamenska of Latvia; and Audronë Per- kauskienë of Lithuania. Special thanks to Heikki Matila of IOM Geneva, who studied the final drafts closely and outlined most of the Introduction and Conclusions. 3 TABLE OF CONTENTS Fore- 7 word………………………………………………………... Introduction 9 …………………………………………………….. Heli ASKOLA PART I. TRAFFICKING IN WOMEN IN THE BALTIC STATES : LEGAL ASPECTS 13 Introduc- 15 tion………………………………………………….Chapter 1. The Context of International and European Union Action With Regard to Trafficking ……………………….. 20 Chapter 2. International Standards and the Legislation and Practice of the Baltic States 63 Conclusion………………………………... …………………………………………………. 88 References 90 ………………………………………………….. Marek OKÓLSKI PART II. TRAFFICKING IN WOMEN IN THE BALTIC STATES: SOCIOLOGICAL MODULE 93 Introduction 95 Towards………………………………………………… the systematisation of basic concepts……………. 96 The subject of this report slightly adjusted ………………… 98 The context and mechanism of trafficking in female migrants ……………………………………………………….. 99 Major issues included in the present study and researchers’ modus operandi 111 ………………………………………………….. Main country-specific findings …………………………….. 115 Trafficking in women as currently perceived in the Baltic 139 States ……………………………………………………….. Overall conclusions 145 ………………………………………… References 148 4 PART III. COUNTRY REPORTS: ESTONIA, LATVIA, LITHUANIA 153 Jüri SAAR, Aet ANNIST, Andri AHVEN TRAFFICKING IN WOMEN IN ESTONIA: SOCIAL ASPECTS 155 ……….. Inna ZARIÒA TRAFFICKING IN WOMEN: A PERSPECTIVE FROM LATVIA 201 ……... Danute TUREIKYTË, Audra SIPAVIÈIENË TRAFFICKING IN WOMEN IN LITHUANIA: MAGNITUDE, MECHANISM AND ACTORS 277 ……………………………………... Conclu- 349 sions……………………………………………………... 5 FOREWORD Trafficking in human beings has become a serious global concern. Interna- tional criminal groups, whose activities often include other forms of illicit trade such as smuggling of drugs and arms, often control trafficking in per- sons as well. In addition to abusing human rights, and violating labour and migration laws, trafficking in persons is also a problem of national and inter- national security. Through the generous support of donor governments, IOM has established itself as an important agency in combating trafficking, addressing first of all the most vulnerable groups of victims: women and children. There are cur- rently over 70 IOM counter-trafficking projects, active or in development, targeting over 50 countries in Africa, Asia, Central, Eastern and Western Europe, and Latin America, as well as one global assistance project targeting all developing countries in Africa, Asia and Latin America. This publication on legal and sociological aspects of Trafficking in Women in Estonia, Latvia and Lithuania emerged in the framework of the IOM’s pilot project “Research, Information and Legislation on Trafficking in Women in the Baltic States,” funded by the Governments of the United States and Finland and later joined by Sweden. By offering a systematic picture of the challenge of trafficking in women in the region, the results of the project paved way to the IOM’s further practical activities in preventing trafficking in Estonia, Latvia and Lithuania. IOM strategy of tackling trafficking in women in the Baltic States consists of three consecutive steps, each creating foundation for subsequent activities. (1) The first endeavour is the completed research in trafficking in women. Having covered both legal and sociological dimensions, it produced a clear and systematic picture of trafficking in women in the Estonia, Latvia and Lithuania, outlining the main patterns and modalities, as well as the most vul- 6 nerable areas and greatest damage done, both to individuals as well as to so- cietal stability. (2) On the basis of the research insights, an Information Cam- paign is being carried out - thanks first of all to generous funding from the Swedish Government - in order to raise public awareness of the dangers of trafficking in women in the three Baltic States. Besides societies in general, numerous specialised components of the information campaign will be tar- geted at the high risk groups, particularly young women in a disadvantaged economical situation, turning their attention to the lurking dangers of traffic k- ing and promoting well informed responses. (3) The third step will be Techni- cal Co-operation with the Baltic States in order to enhance their administrative capacity to combat trafficking in women, and to ensure suc- cessful prevention. This last module will cover both governmental entities as well as non-governmental organisations, which have a crucial role to play in combating trafficking in women. We trust this publication will be a useful source of reference to officials and NGOs working in the area of counter-trafficking, as well as the academic community. Its insights, besides offering theoretical and academic value, are also expected to consolidate practical measures in preventing trafficking of women in the Baltic States, including an information campaign that is already being carried out by IOM in Baltic States. IOM Regional Office for the Baltic and Nordic States Helsinki, September 2001 7 INTRODUCTION Today, in the beginning of the twenty-first century, trafficking in human be- ings is no longer a new issue, although a decade ago it emerged as a major problem all over the world presenting new challenges and demanding new approaches to tackle it. This form of organised criminality, in particular dam- aging to women trafficked for sexual exploitation, has received increasing attention of governments, societies and the international community in the past few years. The three Baltic States have got their share of the trafficking problem while going through an adjustment period after the ending of the Soviet era and re- establishing their independent statehood in the early 1990s. A common fea- ture to almost every country that emerged from the Soviet legacy is that the lack of new work opportunities has hit more on women than on men in the transition to market economy. In the Baltic States, this has been the case especially with the women of the ethnic minorities who are over-represented among prostitutes and trafficked women. In general, the lack of opportunities for women has made many seize the opportunity to make earnings in sex industry through prostituting either in the home country or abroad, sometimes helped by traffickers. Some begin sex work voluntarily, some are deceived by traffickers with false promises of other work and later forced to commer- cial sex. Looking from the migration viewpoint, certain social and economic trends arguably contribute to the rise of irregular migration and trafficking. Globalis- ing competition presses down wage levels, and in certain service sectors low pay and growth of temporary work are claimed to make the domestic
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