Identifier
Created
Classification
Origin
07SARAJEVO487
2007-03-02 06:36:00
UNCLASSIFIED
Embassy Sarajevo
Cable title:  

BOSNIA: SUBMISSION FOR 2007 TIP REPORT

Tags:  ASEC ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG 
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VZCZCXRO2701
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVJ #0487/01 0610636
ZNR UUUUU ZZH
P 020636Z MAR 07
FM AMEMBASSY SARAJEVO
TO RUEHC/SECSTATE WASHDC PRIORITY 5584
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUEAUSA/DEPT OF LABOR WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
UNCLAS SECTION 01 OF 10 SARAJEVO 000487 

SIPDIS

SIPDIS

DEPT FOR G/TIP (DONNELLY),G, INL, DRL, PRM, EUR/PGI,
EUR/SCE

E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
BK
SUBJECT: BOSNIA: SUBMISSION FOR 2007 TIP REPORT

REF: 06 STATE 202745

UNCLAS SECTION 01 OF 10 SARAJEVO 000487

SIPDIS

SIPDIS

DEPT FOR G/TIP (DONNELLY),G, INL, DRL, PRM, EUR/PGI,
EUR/SCE

E.O. 12958: N/A
TAGS: ASEC ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
BK
SUBJECT: BOSNIA: SUBMISSION FOR 2007 TIP REPORT

REF: 06 STATE 202745


1. (U) Summary: This cable constitutes Post's submission for
the 2007 TIP report for Bosnia and Herzegovina (BiH). Post's
point of contact for trafficking issues is Poloff Danielle
Harms, phone 387-33-445-700 x2312, fax 387-33-659-722, e-mail
HarmsDA@state.gov. Time spent in preparing report: CDA
(FS-01): 2 hours; Poloff (FS-04): 35 hours; Pol FSN (FSN-08):
30 hours; DOJ Resident Legal Advisor: 2 hours; DOJ FSN: 2
hours; USAID Program Director: 2 hours. End Summary.

OVERVIEW:
--------------


2. (SBU) Question 27A: The country was a destination, transit
point, and, to a greater extent, country of origin for women
and girls trafficked for sexual exploitation. To date, there
have been no registered cases of males trafficked for sexual
exploitation, although there are reports that Romani
children, including boys, have been trafficked for forced
labor to serve in begging rings.

There were no reliable estimates on the number of victims
trafficked during the year as police raids forced trafficking
further underground, increasing the difficulty of estimating
the scope of the problem. Estimates from NGOs, specifically
shelters, are also unreliable because they often do not
differentiate between clients who are victims of TIP and
those who are victims of domestic violence. NGO shelters
often compete against each other for donor funding and use
statistics to bolster their own image. During the year the
Office of the State Antitrafficking Coordinator (located
within the Ministry of Security) registered 56 new
trafficking victims from within its referral mechanism. The
State Coordinator oversees the government's TIP database,
which compiles information from NGOs, the State Border
Service (SBS),local, entity- and state-level police
agencies, and prosecutors' offices. NGOs assisted 83 persons
total with the IOM assisting 55 victims, 25 of whom were

repatriated. Of these 55, 25 were Bosnian citizens, and
almost half of all victims (23 persons) were minors, 14 of
whom were Bosnians.

The majority of women trafficked to the country came from
Serbia, Ukraine, Moldova, Romania, and Russia. While no
reliable estimates were available, a significant number may
have been trafficked on o Western Europe. According to the
International rganization for Migration (IOM),most victims
wee lured by false job offers, such as advertisement
offering work in Italy or Germany as dancers, witresses, and
domestic servants. Some NGOs repored that trafficking
victims were increasingly lured into the country by promises
of marriage to traffickers or their associates, while others
knowingly entered into false marriages to obtain work and
residence permits. Most trafficked women entered the country
through Serbia and Montenegro. Those who transited the
country generally continued on via Croatia. The IOM reported
Bosnian victims in other parts of Europe and local NGOs
observed a dramatic increase of Bosnian victims within the
country.

Trafficking also occurs within the country, particularly of
domestic victims. The most common age group for recruitment
for trafficking for sexual exploitation is women between 18
and 25 years old, although there are also a number of
underage victims, some as young as 13. The majority of minor
victims are Roma, but young victims from all socio-economic
and geographic areas are targets. Among domestic victims,
women and teenage girls who were Romani, had mild
developmental disabilities, lived in returnee areas, were
orphans and/or were single mothers or came from female-headed
households were more likely to be recruited. For most
domestic victims, poverty was a contributing factor.


3. (SBU) Question 27B: Police agencies have observed a
decrease in the number of foreign TIP victims entering or
transiting BiH, such that now the number of foreign victims
equals the number of domestic victims. Police and NGOs have
observed a dramatic increase in domestic victims, a possible
indicator that official efforts to interdict and prevent
cross-border trafficking have both increased internal
trafficking and helped drive the crime underground to the
local level. In response to police pressure, the criminal
modality linked to sexual exploitation within BiH has shifted
from "night bars" and restaurants, cafes and gas stations to

SARAJEVO 00000487 002 OF 010


private apartments and houses. Traffickers are increasingly
sending women on outcalls or bringing would-be clients to
safe-houses. The use intermediaries, including taxi drivers,
bar operators, pensioners at cafes or others to tip-off or
bring clients to a location where victims are held is also on
the rise.

Traffickers in BiH are generally part of local criminal
organizations that are loosely tied to each other and to
similar organizations in other countries, especially in
neighboring Croatia, Serbia and Montenegro. Recruitment
methods vary, but can include job offers in Western Europe,
false marriages to traffickers' associates to obtain
residency permits and jobs, and girls being sold by their
parents. Traffickers also attract customers via classified
ads in a wide range of publications and through radio
announcements soliciting women with driver's licenses to
contact a certain number. There has also been an increase in
reports of traffickers slipping "date-rape drugs" in drinks
at bars and cafes to kidnap and then forcibly "recruit" women
into trafficking. Because of high unemployment rates,
employers also successfully target women working in
unregistered jobs on the black market, forcing them to
perform sexual acts at the risk of losing their jobs. There
have also been increased reports of traffickers in returnee
areas targeting young orphan girls and manipulating
identification cards to pose as their relatives.

Many foreign victims arrive in BiH via legal border crossings
with Serbia and Montenegro and carry real or false identity
cards. Similarly, domestic victims being moved to Croatia
usually travel on their real identity cards. Passports are
not required for BiH citizens to enter either Serbia,
Montenegro or Croatia (and vice versa for citizens of those
countries),which provides for ease of transit. There have
also been NGO reports of domestic victims being trafficked to
Iraq via Turkey. The Bosnian authorities recognize the
importance of anti-TIP efforts and are sincerely and
vigorously engaged on this issue. Lack of political will is
generally not a problem, although funding constraints
sometimes hamper anti-TIP efforts.

There are several reports of victims working in conditions
akin to slavery, with little or no financial support. In some
cases, traffickers paid victims some wages so that they could
send money home to their families. Traffickers coerced
victims to remain in these situations through intimidation,
verbal threats, seizure of passports, withholding of food and
medical care, and physical and sexual assault. To keep
victims in the country legally, traffickers also made victims
apply for asylum since, as asylum seekers, they were entitled
to remain in the country until their claims could be
adjudicated.


4. (SBU) Question 27C: The government's ability to address
TIP is limited in practice by lack of funding. This is due in
part to Bosnia's unique and complex political structure, and
to the process for allocating tax revenues to various levels
of government. Personnel at state-level police agencies
(SIPA, SBS) are generally better funded and more
well-equipped than entity police. Police salaries in the RS
are particularly low, increasing the probability of
bribe-taking and other forms of corruption. In part due to
uncertainty about police restructuring, which should result
in the creation of a single police force, SIPA and other
agencies are not fully staffed. Official corruption remains a
problem and does not appear to be improving. For example, for
the second year in a row, BiH scored 2.9 out of 10 (down from
3.1 in 2004) on Transparency International's 2006 Corruption
Perception Index. Although funds are still extremely
limited, in the 2006 budget the state government allocated
$60,559 (100,000 KM) for the State Coordinator's Office to
support shelters providing victim assistance. This was an
increase from $42,398 (70,000 KM) for the State Coordinator
and $18,171 (30,000 KM) for shelters in 2005. Budget figures
for 2007 are not yet available but should parallel 2006
amounts.


5. (SBU) Question 27D: The government monitors
anti-trafficking efforts in a number of ways. The
Antitrafficking Strike Force, which meets once a month and
includes police and prosecutors from all agencies and
entities, monitors the progress of TIP investigations and
prosecutions and reports to the State Coordinator. There is
also a working group with NGOs and international community

SARAJEVO 00000487 003 OF 010


representatives, chaired by the State Coordinator, which
assesses prevention and protection issues. There are also a
number of thematic working groups on specific areas of
concern, including trafficking of children. The State
Coordinator publishes a quarterly newsletter that is sent out
via e-mail to NGOs and other stakeholders. The State
Coordinator also publishes (in print and electronic versions)
its Annual Report on trafficking, which includes data
gathered from prosecutors, NGOs and police agencies
throughout BiH. In 2006 the State Coordinator's Office
unveiled its new antitrafficking website at
www.antitrafficking.gov.ba.

PREVENTION:
--------------


6. (SBU) Question 28A: Yes, the Bosnian government
acknowledges that TIP is a problem and makes significant
efforts to combat TIP in BiH.


7. (SBU) Question 28B: The Office of the State Coordinator
within the Ministry of Security (MOS) has the lead role in
anti-TIP efforts. The following governmental bodies are also
involved: at the state level, the Ministry of Human Rights
and Refugees, the State Investigation and Protection Agency
(SIPA),the State Border Service (SBS),the Ministry of
Justice, the Ministry for Foreign Affairs, and the Ministry
of Civil Affairs. At the entity level, the Ministries of
Interior (MUPs),Ministries of Health, Ministries of Labor
and Social Welfare and Ministries of Education. Prosecutors
at the state, entity and local levels are also involved.


8. (SBU) Question 28C: Yes, there have been government-run
anti-TIP awareness campaigns. The State Coordinator partnered
with the International Organization for Migration (IOM) to
run a major national public awareness campaign, which
included leaflets, billboards, TV PSAs and a 30-minute
documentary aired on public and private TV channels. The IOM
campaign targeted both potential consumers and victims,
including children between 12 and 19 years old. The State
Coordinator assisted in developing and approving educational
materials for schoolchildren throughout BiH, in cooperation
with USAID and the entity Ministries of Education. The State
Coordinator has also participated in a number of local public
awareness campaign conducted by NGOs, and spoke to groups of
mayors, local police, social workers and municipal court
judges as part of a local capacity building program
implemented by World Learning and partially funded by the BiH
government. The State Coordinator collaborated with the
Council of Roma and La Strada to bring attention to the issue
of child begging and/or forced labor by Romani children. The
State Coordinator's Office has also partnered with the
Swedish International Development Agency (SIDA) to produce a
TIP training manual for judges, prosecutors, police and
academics and the Stockholm Police Academy has offered to
participate with BiH in a police exchange program to train
Bosnian police to combat TIP in accordance with European
standards.


9. (SBU) Question 28D: The State Coordinator works in
partnership with the entity-level Ministries of Education,
Health and Social Welfare, which provide a number of services
that address the causes of trafficking. Ministries of Social
Welfare and local governments are responsible for
implementing a wide range of programs addressing issues like
drug and alcohol abuse and domestic violence. There are a
number of programs funded by USAID and other international
donors, with Bosnian government participation, that assist
women to start their own small businesses or increase their
agricultural production. OSCE conducted a campaign to
encourage Romani parents to register their children for birth
certificates and to enroll them in primary school. Attendance
in school is mandatory until age 15 and is generally enforced
by the government.


10. (SBU) Question 28E: Local NGOs and international
organizations working on TIP characterize the relationship
between civil society and the State Coordinator as excellent
and extremely cooperative. Local NGOs were consulted
extensively and had a major role in developing both the
3-year National Action Plan and the Action Plan for 2007. The
substantive comments of NGOs are also incorporated into newly
developed legislation and implementing regulations. The State
Coordinator meets regularly with the international community,
donors and local NGOs in a working group to seek their input

SARAJEVO 00000487 004.2 OF 010


and inform them of the progress achieved to date in
implementing the National Action Plan. Additionally, regional
working groups lead by the OSCE in Mostar, central BiH, Banja
Luka and Bijeljina provided an opportunity to share
information between all relevant authorities and strengthen
the capacities of local anti-trafficking actors.


11. (SBU) Question 28F: Yes, the government of BiH, through
the State Border Service, monitors immigration/emigration
patterns for evidence of TIP. Virtually all SBS officers at
border crossings and airports have received training on the
detection and identification of potential TIP victims and
screen for potential victims along the border. Additionally,
border crossings serve as an area for trafficking awareness
programs. For example, there are several anti-trafficking
posters providing warnings against trafficking methods and
hotline numbers for those who may be victims in plain view at
the Sarajevo International Airport. The SBS shares their data
on immigration and emigration at the Strike Force meetings.
The State Coordinator's mandate also includes alien smuggling
and illegal immigration. During the year there was an
increase in cases involving alien smuggling into and through
BiH. The government, in addition to anti-trafficking
measures, is actively providing training programs to
specifically counter this trend. One Herzegovinian NGO has
joined with police forces to monitor activity on the Croatian
border through a 24-hour hotline and by opening a public
forum on a website that will help respond to public questions
and track suspicious activity on the border. During the year
the SBS implemented standard operating procedures that,
according to SBS statistics, prevented 96.8 percent more
illegal border crossings than in 2005, but cited that there
are still areas where the border with neighboring countries
has not been clearly defined and therefore cannot be
controlled. In addition, the lack of funding, lack of
specialized equipment and unfavorable working conditions
limited border policing efforts. During the year BiH signed
the Convention on Police Cooperation in Southeast Europe,
which will allow for cross-border surveillance and hot
pursuit into neighboring countries.


12. (SBU) Question 28G: Please see question 27D above. The
primary coordination and communication mechanisms are the TIP
Strike Force, the State Coordinator's thematic working
groups, and the larger TIP working group that includes NGO
and IO representatives. Generally, the State Coordinator's
office is the point of contact for all these mechanisms. The
State Coordinator meets regularly with NGOs to share
information and discuss anti-TIP activities. The government
does not have a public corruption task force. However, SIPA
has units that focus on organized crime and financial crimes,
and the entity Police Standards Units (PSUs) investigate and
file charges in cases of corruption or abuse of office by
police personnel.


13. (SBU) Question 28H: Yes, the government has both a
3-year National Action Plan (covering 2005-2007) and an
Action Plan for 2007. The government will create a new action
plan for the next three years at the end of 2007. The 2007
Action Plan includes provisions for a referral mechanism for
domestic victims and was delivered to the Council of
Ministers (COM) in December, 2006. The plan has not received
final approval, however, because of delays with government
formation following the October 2006 national elections. Now
that government formation is complete, the COM plans to
review the plan in the near future and the State
Coordinator's Office anticipates full approval. Prior to
finalization, the plan was sent for comment electronically
and by mail to all major NGOs and government agencies engaged
in anti-TIP efforts. Other government agencies who
participated in the development of the plans included the
Ministries of Human Rights and Refugees, Justice, Foreign
Affairs, and Civil Affairs, as well as state- and
entity-level police and prosecutors.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------


14. (SBU) Question 29A: Article 186 of the BiH Criminal Code
prohibits trafficking for sexual exploitation, forced labor
and organ transplantation. Article 186 covers the
"recruitment, transfer, harboring or receipt" of trafficked
persons, making it applicable to both transnational and
internal trafficking. Article 187 of the BiH Criminal Code
prohibits international procurement for prostitution, and

SARAJEVO 00000487 005.2 OF 010


provides prosecutors with another option in pursuing
international traffickers. If the evidence is not sufficient
to support prosecution under Articles 186 and 187,
traffickers may also be prosecuted at the state level for
slavery (Article 185, which also prohibits selling children
for adoption),unlawful withholding of identity papers
(Article 188) and alien smuggling (Article 189). The
Federation and RS Criminal Codes also prohibit trafficking
and related crimes. Pimping is a major crime (equivalent to a
felony) under both state- and entity-level criminal codes. A
number of traffickers have been prosecuted for pimping and
pandering where the evidence was not sufficient to support an
indictment for trafficking. Taken together, these laws
adequately cover the full scope of trafficking in persons. In
addition to criminal penalties, some NGOs are assisting
victims in filing civil compensation claims for medical
bills, pain and suffering, lost wages, etc. At this time,
BiH's criminal asset forfeiture law requires proof that all
items being seized were acquired with the proceeds of illegal
activity. In practice, this standard is difficult to meet and
can easily be defended by traffickers, so criminal asset
forfeiture has not been widely used in TIP or other organized
crime cases, although there was an increase in its use during
the reporting period. The Bosnian criminal law system
includes four different penal codes, thereby hindering
trafficking prosecutions because courts are often confused as
to which law, i.e. state versus entity, to apply.


15. (SBU) Question 29B: The maximum penalty for any
trafficking offense under Article 186 is ten years'
imprisonment; defendants may be sentenced to a total of 15
years if certain aggravating circumstances are present.


16. (SBU) Question 29C: Bosnian law does not differentiate
between trafficking for sexual purposes and trafficking for
labor.


17. (SBU) Question 29D: The maximum penalty for rape is 15
years, with aggravating circumstances. Rape penalties
parallel the penalties for trafficking offenses in that to
receive the maximum sentence (15 years for both) aggravating
circumstances must be present.


18. (SBU) Question 29E: Prostitution is illegal in BiH.
Prostitutes can be prosecuted for their activities as a minor
(misdemeanor) offense in the Federation and Brcko District,
which is usually punishable by a fine. Clients can also be
prosecuted, but this very rarely occurs. In the RS, engaging
in prostitution itself is not a crime. Pimping and pandering
are major (felony) offenses and are frequently used to
prosecute brothel owners and some traffickers. The maximum
penalty for pimping is 15 years' imprisonment if the victim
is a minor; ten years if the victim is an adult. In 2006, the
Federation passed a law authorizing "sellers of love" to
register as professionals, which would require them to pay
social insurance contributions and would permit them to apply
for unemployment benefits. However, as prostitution is still
illegal in the Federation (and there are no plans to legalize
it),it is highly unlikely that anyone will register.


19. (SBU) Question 29F: The BiH State Prosecutor's office
has exclusive jurisdiction over trafficking cases and can
decide which cases to prosecute at the state level and which
to send to the entity courts. The nationwide interagency
investigative task force to combat trafficking, the
antitrafficking strike force, was chaired by the chief state
prosecutor and included prosecutors, police, and financial
investigators and targeted trafficking and illegal migration.
There were two major strike force investigations that
resulted in indictments during the year.

The government provided the following case statistics through
its TIP database, maintained by SIPA. This database contains
information contributed by all police agencies, NGOs and
prosecutors. TIP data is also harmonized and reported in the
State Coordinator's annual report. The State Coordinator
reported 56 registered TIP victims during 2006, although he
noted that there are likely to be many more victims who do
not come to the attention of the authorities. Figures were
not yet available from the State Prosecutor's Office and
State Court, but they should become available soon. According
to SIPA's 2006 TIP report, there were 50 TIP cases at SIPA
headquarters during the year, 25 of which were ongoing
investigations, and 82 ongoing investigations in SIPA's
regional offices throughout BiH.

SARAJEVO 00000487 006.2 OF 010



In February 2006, the strike force raided three well-known
"night bars" in central Bosnia, resulting in four arrests and
the filing of criminal charges against 11 people suspected of
involvement in trafficking. In April, the State Court
sentenced Nermin Cupina from Mostar, the first defendant in a
major trafficking case from Herzegovina, to eight years in
prison for trafficking and six years in prison for money
laundering. This was the longest sentence ever imposed in a
BiH TIP case. The judge also ordered seizure of Cupina's
apartment and payment of compensation in the amount of
$62,500 (93,750 KM),the value of proceeds believed to have
been earned through trafficking during 2002 and 2003. These
fines were paid into a fund from which victims can submit
compensation claims. Igor Salcin, the second defendant in the
same case, agreed to a plea bargain in February and was
convicted to five and a half years of imprisonment. Predrag
Leventic, the third defendant, was acquitted for lack of
evidence. Between January 1 and December 31, 2006 there were
six trafficking in persons cases before courts in the RS and
23 in the Federation.


20. (SBU) Question 29G: Most traffickers in BiH are believed
to be part of small, local criminal groups with loose
connections to other groups within BiH and in neighboring
countries. A handful of traffickers have wider connections to
organized crime figures in the region and beyond, including
in major source countries. There is also evidence that some
traffickers may be Diaspora Bosnians orchestrating their
crimes from abroad. There is some evidence that traffickers
have used false employment agencies (run by their associates)
to assist them in recruitment. However, many traffickers who
used classified job ads as a recruitment method geneally
bypassed employment and travel agencies andmade arrangements
directly with their victims. De to tighter banking
regulations and oversight, t is now difficult for
traffickers to deposit prceeds of illegal activity in
Bosnian or regional banks. Most of the profits are used to
buy real estate, new cars, and other consumer goods, with
real estate investment being a growing trend. Some profits
may be laundered through legitimate cash-intensive businesses
like restaurants, cafes and bars. It is unclear whether local
traffickers use proceeds to finance terrorist organizations,
but some NGOs claim that they have seen an increase in
traffickers coming from Wahhabi Islam communities where women
are already on the margins of society and are easy targets
for forced exploitation. (See question 30C) Police tracking
of cellular calls and even "pay as you go" phone cards has
stymied many trafficking communication networks. Efforts are
also underway to regulate all phone cards issued in BiH so
that they are traceable. Although there are reports of
isolated instances of official involvement in trafficking,
the government maintains that there have been no convictions
in this area.


21. (SBU) Question 29H: Yes, the government actively
investigates TIP cases, and has increasingly used active
investigative techniques, including surveillance and
undercover operatives. During the reporting period, the TIP
Strike Force executed 2 major raids. The BiH Criminal
Procedure Code permits the following special investigative
techniques: surveillance and recording of telecommunications,
access to computer systems, surveillance and recording of
premises, covert following and recording of individuals and
objects, use of undercover investigators and informants,
simulated purchase of certain objects and simulated bribery,
and supervised transport and delivery of illegal objects. Use
of any of these techniques requires judicial authorization.
All the listed techniques were utilized except electronic
surveillance, for which police agencies still lack the
necessary equipment. The European Commission, however, is
financing an electronic surveillance system and Bosnian
authorities (it will be a common system for use by all law
enforcement agencies) will soon have this capability. The
Criminal Procedure Code also authorizes plea bargains or
immunity for cooperating suspects. Mitigated punishment via
plea bargain was successfully used by State Prosecutors in
order to secure convictions against co-defendants under
trafficking statutes.


22. (SBU) Question 29I: Yes, the government provides
specialized training for government officials on recognition,
investigation and prosecution of trafficking. During the
reporting period, the State Coordinator's Office provided
several seminars for police, prosecutors and judges as well

SARAJEVO 00000487 007.4 OF 010


as a two-week multi-agency training for NGOs, OSCE and other
antitrafficking actors in BiH. The State Coordinator also
trained SBS personnel in trafficking detection and victim
screening, interviewing and identification. Between July of
2006 and March 2007 the State Coordinator's Office also held
six trainings sessions for social workers, healthcare workers
and police on victim assistance. The Ministry for Human
Rights and Refugees also began a series of clinical training
programs using active TIP cases and victims to train
government practitioners from the Ministries of Health,
Education and Civil Affairs. A number of primary and
secondary school teachers were trained to teach the new
anti-TIP curriculum for students aged 11-18, and to train
their fellow teachers. The State Coordinator also continued
to provide training to social workers from the Centers for
Social Welfare, especially regarding the treatment of minor
victims.


23. (SBU) Question 29J: Yes, BiH has active cooperation with
other governments, especially the neighboring countries of
Croatia, Serbia and Montenegro. BiH has signed bilateral
agreements on cooperation in organized crime cases (including
trafficking in persons) with the State Prosecutor's Offices
of Croatia, Serbia, Montenegro and Macedonia. Unfortunately,
BiH has no binding bilateral agreements regarding witness
protection, which makes it more difficult to participate
effectively in international investigations. BiH has an
officer at the SECI Organized Crime Center in Bucharest and
participates in Stability Pact training and meetings. BiH
also participates in SEEPAG, the Southeastern Europe
Prosecutors' Assistance Group.


24. (SBU) Question 29K: Extradition of non-citizens is
permitted, but there were no extraditions of traffickers
during the reporting period. The BiH Criminal Procedure Code
prohibits the extradition of Bosnian citizens. However, the
State Prosecutor can bring cases against Bosnian citizens for
crimes committed outside Bosnian territory. There are
currently no efforts underway to modify laws to permit the
extradition of Bosnian nationals.


25. (SBU) Question 29L: Both entities' police forces have
Police Standards Units (PSUs),which are charged with
investigating and disciplining officers for criminal offenses
or dereliction of duty. There were no prosecutions or
convictions of government officials for involvement in
trafficking during the reporting period. There continued to
be anecdotal reports of police and other official involvement
in trafficking, particularly at the local level. Victims,
groups alleged that, because of strong local networks, local
police often willfully ignored or actively protected
consumers or perpetrators of trafficking activity, often
accepting bribes in return.


26. (SBU) Question 29M: To date there have been only a few
documented cases of official involvement in trafficking, and
no official indictments have been made. In 2004 border police
arrested a member of the RS interior ministry's elite special
unit near Bijeljina while he was attempting to cross into the
country from Serbia with two suspected trafficking victims in
his car. Authorities immediately suspended him from duty and
opened an investigation. The case was closed during the year
due to lack of evidence, and the police officer was
reinstated. In 2005 authorities charged a State Border
Service officer with abuse of office for placing a false
stamp in the passport of a suspected trafficking victim; the
case was ongoing at year's end.


27. (SBU) Question 29N: BiH does not have an identified child
sex tourism problem, either as a source or destination
country. The country's child sex abuse laws do not have
extraterritorial provisions similar to the U.S. PROTECT ACT.


28. (SBU) Question 29O: BiH ratified ILO Convention 182 on
October 5, 2001, ILO Convention 29 on June 2, 1993, and ILO
Convention 105 on November 15, 2000. BiH also ratified The
Optional Protocol to the Convention on the Rights of the
Child (CRC) on the Sale of Children, Child Prostitution, and
Child Pornography on September 4, 2002 and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime on April 24,

2002.

PROTECTION AND ASSISTANCE TO VICTIMS:

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29. (SBU) Question 30A: Under a memorandum of understanding
(MOU) signed in 2005, the State Coordinator delegates victim
assistance to five local NGOs that provide shelter and
medical (also psychological) assistance to TIP victims. The
five NGOs (La Strada, Medica Zenica, Forum of Solidarity,
Lara, and Zena BiH) run six shelters located in Mostar,
Sarajevo, Banja Luka, Doboj, and Bijeljina. The State
Coordinator's Office oversees shelter management and ensures
that NGOs are meeting agreed-upon standards in providing
victim assistance. The local NGO Vasa Prava provides pro bono
legal assistance to victims housed in NGO shelters. Health
care is provided either at the shelters by visiting medical
professionals or at local clinics and hospitals. If people
are identified as TIP victims through the government's
screening and referral process, they are eligible for a
humanitarian visa allowing them a legal temporary stay in
BiH. Approximately 11 TIP victims received residence permits
on humanitarian grounds during the reporting period. The IOM
assists foreign victims who opt for voluntary repatriation.
In addition, one local NGO has started a pilot reintegration
program offering vocational training and counseling to
domestic TIP victims. There are currently approximately 15
TIP victims residing in Bosnian shelters.


30. (SBU) Question 30B: Yes, the government provides
assistance to the five NGOs who run shelters to help
subsidize the cost of shelter operations. During the
reporting period, the government disbursed approximately
50,000 KM ($37,000) and plans to disburse another 50,000 KM
($37,000) in the very near future. The State Coordinator's
Office considers this an inadequate amount and notes that the
cost of operating Bosnian shelters must be underwritten by
international donors (namely the IOM) because the government
lacks the resources to fund them independently.


31. (SBU) Question 30C: Yes, the government and NGOs have
developed and signed a formal referral mechanism for
screening, identifying and assisting foreign victims. Police
and SBS officers use a screening questionnaire to assist them
in evaluating victims. Alien Inspectors employed by the
Ministry of Security have received formal training in victim
identification procedures. The draft referral mechanism for
domestic victims is awaiting final approval by the Council of
Ministers.


32. (SBU) Question 30D: The Law on Movement and Stay of
Aliens provides for the granting of a temporary humanitarian
visa to TIP victims. If someone is arrested or detained and
subsequently identified as a trafficking victim, he or she
receives shelter and related services and is eligible for
protection from deportation and/or a humanitarian visa.
Identified victims are not fined or charged with
prostitution- or immigration-related offenses. The BiH
Criminal Procedure Code allows detention for up to six hours
for questioning. This limit is generally respected in
practice. Police officials usually presume that detainees are
TIP victims if there is any evidence to support this
conclusion, and they are referred to shelters for additional
evaluation. If individuals are not identified as TIP victims,
they may be subject to deportation depending on their current
status in BiH and whether they possess a valid visa. However,
because Bosnia's immigration detention facility is still
under construction, detainees under deportation orders are
frequently released. In many instances, police lack the
resources and personnel to execute deportation orders.


33. (SBU) Question 30E: Yes, the government encourages
victim-witnesses to testify against their traffickers. At
this time, about 20 to 30 percent of victims actually
testify. A number of prosecutors have worked extensively with
victims to develop cases. Prosecutors can offer victims
protected status if they determine that a victim's safety is
in jeopardy through the government's witness protection
program. There have been at least six reported cases of TIP
witnesses entering the program. Police protection and escort
is usually provided to victim-witnesses. In some cases, in
cooperation with foreign governments, victim-witnesses have
been relocated to third countries following their testimony.
Victims can file civil suits against their traffickers for
medical expenses, lost wages, pain and suffering, etc. and
are encouraged to do. Vasa Prava attorneys provide pro bono
legal aid and shelter staff assist victims in filing these
claims. Victims remaining in BiH on humanitarian visas or

SARAJEVO 00000487 009.3 OF 010


those who have applied for asylum are not permitted to work.
Foreign victims can choose to be voluntarily repatriated at
any time. There is currently no victim restitution program,
although there is a victim's assistance fund supported by
judgments against those convicted of trafficking. BiH is
currently working to harmonize its immigration laws with EU
standards. An inter-ministerial working group is currently
drafting legislation which would extend the humanitarian visa
from three to six months, and would allow humanitarian visa
holders to work legally. The working group is also seeking
ways to address potential abuse of the asylum process.


34. (SBU) Question 30F: In practice, the government provides
assistance to victims through its agreement with five local
NGOs and their shelters. In addition to food, clothing, and
shelter, the NGOs also provide medical care, psychological
counseling, legal advocacy, and sometimes vocational
training. Minor victims may be placed in shelters, orphanages
or BiH's very limited foster care program. There is no female
juvenile detention center in BiH, but there is a new facility
for male offenders who are minors. During the year USAID
funded a thorough assessment of all local shelters.
Recommendations from the assessment include: standardizing
shelters through a national certification process, developing
standards for different categories of victims, creating
specialized shelters to accommodate victims on a thematic and
not geographic basis, allocating funding for shelters based
on the number of victims and developing a monitoring
mechanism (with NGOs) to ensure the quality and extent of
care provided in the shelters.


35. (SBU) Question 30G: Yes, the government has provided
training in the recognition of TIP victims and in how to
assist them. The government continues to train prosecutors,
judges, police officials, and social workers on TIP issues.
Specifically, the government has worked extensively with the
local Centers for Social Work, who are responsible for
assisting domestic victims, particularly minors. The
government has also trained municipal court judges, who make
guardianship and custody decisions about minor victims.
During the reporting period, the government continued to
train its consular officials abroad to identify potential TIP
victims applying for Bosnian visas. Officials at Bosnian
embassies are encouraged to develop connections with local
TIP NGOs, especially those like La Strada, World Learning and
IOM, which are part of an international network. The MFA
requires personal interviews for all visa applicants. Bosnian
participants in international peacekeeping missions also
receive specialized TIP awareness training before deployment.
All members of incoming units to the EUFOR mission in Bosnia
are required to attend a four-hour seminar on trafficking
which stresses NATO's zero-tolerance policy for any
involvement in TIP or prostitution.


36. (SBU) Question 30H: At this time, there are no specific
government programs to assist its repatriated nationals,
except those who are minors. However, repatriated TIP victims
who identify themselves and seek assistance can receive the
same services from local NGOs that are provided to foreign
victims. The care and custody of minors is the responsibility
of the Centers for Social Work, who report to the entity
Ministries of Social Welfare. One local NGO has started a
pilot program to provide counseling and vocational training
to repatriated Bosnian TIP victims. USAID has also partnered
with the International Centre for Migration Policy
Development, the Bosnian government and ten other nations on
a South Eastern Europe Project that will develop a
standardized mechanism and operating procedures for
repatriation across borders.


37. (SBU) Question 30I: The IOM is the only international
organization that works directly with trafficking victims.
IOM provides repatriation and reintegration assistance for
foreign victims who choose to return to their countries of
origin. The Office of the UN High Commissioner for Refugees
(UNHCR) may have contact with victims who apply for asylum.
The Office of the UN High Commissioner for Human Rights
(UNHCHR) and UNICEF report on and monitor TIP issues. Key
international organizations engaged in anti-TIP programs are
USAID, the Swedish International Development Agency (SIDA),
Save the Children Norway, Catholic Relief Services (CRS),
World Learning, the Organization for Security and Cooperation
in Europe (OSCE) and the Italian government. The main local
NGOs working on trafficking are Lara in Bijeljina, La Strada
and Zena BiH in Mostar, Buducnost in Modrica, Kljucki Biseri

SARAJEVO 00000487 010.3 OF 010


in Kljuc, Medica in Zenica and Forum of Solidarity in
Sarajevo. Vasa Prava wrote a legal advocacy manual and
provides legal aid for victims. Local NGOs and international
organizations report excellent cooperation with the Office of
the State Coordinator. This has been Post's experience as
well. Funding for many programs are on the decline.

HEROES/BEST PRACTICES:
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38. (SBU) Question 31/32: Post nominates the NGO "Vasa Prava"
as a hero of best practices with antitrafficking efforts.
Vasa Prava is the leading state-level non-governmental and
non-profit organization assisting Bosnians with free, legal
assistance related to all aspects of civil law and the
protection of human rights. The organization runs 16
permanent offices and 50 mobile units staffed by 80
employees, and has assisted more than 400,000 Bosnians since
its introduction in 1996. Among those served are refugees,
displaced persons, returnees and other vulnerable groups in
local populations.

Vasa Prava is the only NGO providing legal assistance to
victims of trafficking in BiH. Through a memorandum of
understanding signed with the Ministry of Security in 2004,
Vasa Prava has exclusive authority over pro bono
representation of trafficking victims in BiH. Attorneys from
Vasa Prava are available to victims from the time they arrive
at a shelter, even if they are not yet formally registered by
the state as a victim. For foreign victims, Vasa Prava works
with the government to arrange all necessary residency
permits or asylum applications. If a victim chooses to
testify, Vasa Prava represents her from her first statement
until trial completion.

Through their uniform approach and intermediary work between
victim and government, Vasa Prava has also helped to
strengthen the rule of law in BiH. Victims assisted by Vasa
Prava are more likely to testify against traffickers in
criminal proceedings and have provided testimony that was
instrumental in convicting several notorious traffickers and
organized criminals. Vasa Prava single-handedly performs an
integral civic role that the Bosnian government, due to
funding and logistical constraints, cannot fulfill. In doing
so, it is has provided a mechanism through which victims may
successfully seek civil compensation for the crimes committed
against them and has given a voice to those previously
silenced.
MCELHANEY