Trafficking
in Persons Report
Released by the Office to Monitor and Combat Trafficking in Persons
U.S. Department of State
June 11, 2003
SERBIA AND MONTENEGRO1 (Tier 2)
Serbia and Montenegro is a transit country and, to a lesser extent, a source
and destination country, for women and girls trafficked for sexual exploitation.
Victims, mostly from Moldova, Romania, Ukraine, and Bulgaria, end up in Kosovo,
Bosnia, Albania, and Western Europe. Roma children are trafficked through Serbia
and Montenegro for begging and theft in Western Europe.
The Government of Serbia and Montenegro does not fully comply with the minimum
standards for the elimination of trafficking; however, it is making significant
efforts to do so. In the past year, the federal and republic governments increased
their capacity to protect victims and to cooperate with NGOs, but lack of proper
treatment of victims in court, low court convictions, and potential government
complicity are still serious weaknesses in the government’s ability to meet
the minimum standards.
Prevention
Through their anti-trafficking task forces, both republics continued local
prevention coordination mechanisms with NGOs. The Republic of Montenegro institutionalized
the government anti-trafficking coordinator position and established three
local offices to coordinate its preventive activities. The National Project
Board in Montenegro organized awareness campaigns, including television spots
donated by government stations. Access to government schools and other public
facilities was provided for awareness campaigns.
Prosecution
The Serbian Parliament passed anti-trafficking amendments to the criminal code
in the spring of 2003. Before the amendments, trafficking crimes were pursued
under related laws. In the past year, Serbian police arrested 104 individuals
for trafficking-related crimes and all cases advanced to pre-trial investigation
or court proceedings. The Montenegrin Parliament passed a republic-wide anti-trafficking
law used to prosecute 22 suspects for human trafficking and 14 individuals
for facilitating prostitution. The majority are in court proceedings, four
are in pre-trial investigation, 12 were dismissed and three individuals were
convicted and sentenced to one-two years’ imprisonment. Despite enhanced law
enforcement capacity, court adjudication generally was weak. In several instances,
courts dismissed cases for lack of evidence or allowed confusing and degrading
testimony in trial. Police forces in both republics have anti-trafficking units
that receive specialized training, and the border police and police academy
in Serbia have anti-trafficking training as well. A notable case in the Republic
of Montenegro against a public official included allegations of government
complicity2. Police placed the government suspect in detention and
the case is currently in pre-trial investigative procedure.
Protection
In the absence of an institutionalized system of victim protection, federal
and republic governments signed memoranda of understanding with victim services
organizations to ensure protection and assistance for victims. Some police
were trained to identify victims as defined in the United Nations Anti-Trafficking
Protocol and to make referrals to NGOs for assistance. Both republics have
victim shelters and in Serbia, the Ministry of Social Services provides the
premises for a national counseling center. Police receive ongoing training
and awareness to decrease detention and deportation of victims. Victims do
not have the right to temporary residency, but may stay in the trafficking
shelter for 30 days. They are obligated to stay as long as necessary if they
are assisting in criminal proceedings. The government signed the Stability
Pact Ministerial agreement on shelter and residency for victims, and the Ministerial
agreement between Stability Pact countries to exchange trafficking information.
Victims may file civil suits and seek compensation, but foreign victims have
no right to work and there is no victim compensation fund. In the notable Montenegrin
case mentioned above, the victim in question was referred to the shelter and,
although she was subject to intense publicity and prolonged questioning, her
treatment during the pretrial investigation appeared to proceed according to
international standards and she was eventually resettled in a third country.
Cooperation between the republic government’s anti-trafficking coordinator
and some NGOs serving on the National Project Board declined after the coordinator
admitted to being a close friend of one of the four suspects in the case.
Kosovo
Kosovo, while technically a part of Serbia and Montenegro, is currently administered
under the authority of the United Nations Interim Administration in Kosovo
(UNMIK) pending a determination of its future status in accordance with United
Nations Security Council Resolution (UNSCR) 1244. Since the adoption of UNSCR
1244 in June 1999, UNMIK has provided transitional administration for Kosovo
including in the area of rule of law, UNMIK is aware of the serious trafficking
problem in Kosovo and conducts anti-trafficking efforts. The Special Representative
of the UN Secretary General promulgated a trafficking regulation with the force
of law in 2001, and a specialized anti-trafficking police unit made up of UN
police and Kosovo Police Service officers actively enforces the regulation.
___________________
1On February 4, 2003, the Yugoslav parliament adopted the Constitutional
Charter and Implementation Law, marking the end of the Federal Republic of
Yugoslavia and the beginning of the state union of Serbia and Montenegro. Since
June 1999, Kosovo has been administered under the authority of the United Nations
Interim Administration in Kosovo (UNMIK).
2The Minister of Interior, after backing the
arrest and investigation of the deputy public prosecutor
and three other suspects on suspicion of trafficking and
facilitating prosecution, was not included in the Prime
Minister's new government--a move widely interpreted as
a virtual dismissal.
Full text report: http://www.state.gov/g/tip/rls/tiprpt/2003/
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