Vesna NikoliÊ - RistanoviÊ Sanja ∆opiÊ Sanja MilivojeviÊ Biljana Simeunovic - PatiÊ Biljana MihiÊ TRAFFICKING PEOPLE SERBIA TRAFFICKING PEOPLE VICTIMOLOGY SOCIETY OF SERBIA ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE SERBIA Vesna Nikoliã-Ristanoviã Sanja Ãopiã Sanja Milivojeviã Biljana Simeunoviã-Patiã Biljana Mihiã TRAFFICKING IN PEOPLE IN SERBIA Victimology Society in Serbia (VDS) Organisation for Security and Co-operation in Europe (OSCE) Belgrade, 2004 Vesna Nikoliã-Ristanoviã Sanja Ãopiã Sanja Milivojeviã Biljana Simeunoviã-Patiã Biljana Mihiã TRAFFICKING IN PEOPLE IN SERBIA Publisher OSCE Organisation for Security and Co-operation in Europe Mission to Serbia and Montenegro Åakorska 1, 11000 Belgrade Democratisation Department ISBN 86-85207-00-2 Translation Agency Eurologos Design Stojkov, Novi Sad Pre-press and Printing Stojkov, Novi Sad Print run 300 The OSCE Mission to Serbia and Montenegro has supported the publication of this survey. The opinions and views expressed in this survey belong to the authors and do not necessarily reflect the views of the OSCE. CONTENTS I Introduction ......................... 9 II Trafficking in people and the Legislation in Serbia ....... 12 II 1. The Criminal Code of the Republic of Serbia and Basic Criminal Code .......................... 13 II 2. The Criminal Procedure Code ................ 15 II 3. The Law on the Organisation and Jurisdiction of the Government Authorities in the Suppression of Organized Crime ....... 20 II 4. The Law on Misdemeanour and the Law on Movement and Residence of Foreigners .................. 22 II 5. Assessment of Legal Provisions of Relevance for Criminal Prosecution and Protection of Victims of Trafficking in People in Serbia ......................... 23 III An Overview of Previous Research and Other Available Data on Trafficking in People for the Purpose of Sexual Exploitation and Exploitation of Labour in Serbia ................. 25 III 1. Trafficking in Women ................... 26 III 1.1. Official Data ..................... 26 III 1.2. Data of the International Organizations .......... 28 III 1.3. Data of the NGOs .................. 29 III 1.4. Results of the Previous Research ............. 30 III 2. Trafficking in Children ................... 34 III 2.1. Data on Trafficking in Children ............. 35 III 3. Trafficking in Men .................... 37 III 3.1. Data on Trafficking in Men ............... 39 III 4. Conclusion ........................ 41 IV Definition and Delineation of Main Terms ........... 42 V Scope, Purpose, Method and Sample of Research ........ 46 V 1. Scope and Purpose of the Research ............. 46 V 2. Method and Sample .................... 47 VI Trafficking in Women in Serbia ............... 53 VI 1. Extent and Structure of Trafficking in Women ......... 55 VI 1.1. Extent and Geographic Prevalance of Trafficking in Women in Serbia ....................... 55 5 VI 1.2. Who are the Victims of Trafficking in Women in Serbia? ... 57 VI 1.3. Trafficking in, from, and through Serbia .......... 60 VI 2. Characteristics of Trafficking in Women ........... 63 VI 2.1. Routes of Trafficking in Women ............. 63 VI 2.2. Recruitment of Women — Victims of Trafficking....... 71 VI 2.3. Transportation/Transfer of Women — Victims of Trafficking .. 78 VI 2.4. Forms of Victimization to which Women — Victims of Trafficking are Exposed ................. 83 VI 3. Indirect Indicators (Markers) of Trafficking in Women ..... 90 VI 3.1. Sex Industry and Prostitution .............. 90 VI 3.2. Begging and Vagrancy ................. 101 VI 3.3. Illegal Work and Forced Work .............. 105 VI 4. Conclusion ........................ 108 VII Trafficking in Children in Serbia .............. 110 VII 1. Direct Indicators of the Extent, Prevalence, and Characteristics of Trafficking in Children .................. 111 VII 1.1. Trafficking in Children for the Purpose of Sexual Exploitation . 112 VII 1.2. Trafficking in Children for the Purpose of Begging ...... 118 VII 1.3. Trafficking in Children for the Purpose of Marrage ..... 120 VII 2. Indirect Indicators of Trafficking in Children ......... 121 VII 2.1. Sexual Exploitation of Children ............. 121 VII 2.2. Begging and Vagrancy ................ 125 VII 2.3. Illegal and Forced Work by Children ........... 129 VII 2.4. Abductions, Disappearance, and Smuggling of Children .... 131 VII 2.5. Forcing of Children to engage in criminal activities ..... 132 VII 3. “Children at Risk" .................... 134 VII 4. Conclusion ....................... 135 VIII Trafficking in Men in Serbia ................ 137 VIII 1. Direct Indicators and Characteristics of Trafficking in Men . 138 VIII 1.1. Direct Indicators of the Prevalence, and Origin of Victims of Trafficking in Men ................... 138 VIII 1.2. Routes and Organization of Trafficking in Men ...... 139 VIII 2. Trafficking in Men: Indirect Indicators (Markers) ....... 145 VIII 2.1. Distribution and Criminal Characteristics of Male Migrant Smuggling ...................... 147 VIII 2.2. Illegal Work and Begging — its Prevalence and Connections with Trafficking in Men ................. 153 VIII 3. Conclusive and Overview: Serbia on the Road of Illegal Migrations and Trafficking in Men .............. 160 IX Individuals and Criminal Groups Involved in Trafficking in People 165 IX 1. Individuals Involved in the Chain of Trafficking in People . 165 IX 2. Organization of Criminal Groups .............. 169 6 IX 3. Connection between Trafficking in People with Other Forms of Organized Crime ..................... 172 IX 4. Connections between Trafficking in People and Legal Actors. 174 IX 5. Conclusion ........................ 177 X Method of Functioning and Assessment of Mechanisms of Operation of Governmental, Non-governmental and International Organizations in relation to Trafficking in People ......... 179 X 1. Mechanisms of Operation of the State Organs ......... 179 X 1.1. The Police Operation in Discovering and Collecting Evidence on Trafficking in People ................. 179 X 1.2. Mechanisms of Operation of Other Organs of the State, Particularly the State Prosecutor's Office and Courts ...... 185 X 1.3. Attitude of the Organs of the State towards Prostitution, Begging, Vagrancy, and Illegal Labour ........... 190 X 2. NGOs and International Organizations ............ 194 X 2.1. Mechanisms of Operations of Organizations Dealing with the Issue of Trafficking in People ............... 194 X 2.2. Assessment of the Work of NGOs and International Organizations 198 X 3. Cooperation between the Organs of the State, NGOs, and International Organizations ................. 202 X 4. Examples of Good and Bad Practices of the Organs of the State, NGOs, and International Organizations ............ 204 XI Awareness about the Issue of Trafficking in People and Measures to be Taken ......................... 208 XI 1. Awareness of the Problems Related to the Trafficking in People and the New Legislation .................. 208 XI 1.1. Attendance at Seminars and Other Forms of Education on the Trafficking in People .................. 209 XI 1.2. Familiarity with the New Legislation ........... 213 XI 1.3. Definitions and Capability of Delineating Basic Terms ..... 215 XI 1.4. Conclusion ..................... 219 XI 2. Measures to be Taken as seen by Respondents ........ 220 XI 2.1. Measures for Strengthening the Efficiency of the Criminal Law Repression against Trafficking in People ........... 221 XI 2.2. Preventive Measures against Trafficking in Peoplein Serbia ... 226 XI 2.3. Measures of Protection and Assistance to Victims of Trafficking in People ....................... 228 XI 2.4. Proposed Changes of Legislation for More Efficient Suppressing of Trafficking in People ................. 230 XI 2.5. Final Overview of Proposed Measures for Improved Combating the Problem of Trafficking in People in Serbia ........ 233 XII Conclusions and Recommendations .............. 236 7 References .......................... 243 Appendix .......................... 247 Questionnaire for Professionals.................. 247 Questionnaire for Victims/Potential Victims ............ 258 Protocol of Observation ..................... 263 8 I Introduction Presented in this study are the results of the research of trafficking in people as the first research aimed at gaining a more detailed and more comprehensive knowledge about the extent and characteristics of this phenomenon in Serbia. Although the social visibility and social re- sponse to the problem of trafficking in people in Serbia has improved in recent years, this problem was addressed solely on the basis of a de- ficient and sporadic knowledge about trafficking in women for the pur- pose of sexual exploitation, without a clear systemic approach to both disclosure and prosecution of perpetrators and prevention, protection, and reintegration of victims. It was impossible from previously conducted research (in the coun- try and abroad) and other available information to get a complete pictu- re of the extent, structure and characteristics of trafficking in people in Serbia, on one hand, or of the effectiveness of the available mechanisms for its suppression and prevention, on the other. Also, although traffick- ing in women for purposes of sexual exploitation, according to all avail- able information, is the most common form of trafficking in people, it would be unreasonable to overlook its other, equally harmful forms, such as trafficking in children and various forms of trafficking for the purpose of exploitation