Identifier
Created
Classification
Origin
09BELGRADE137
2009-02-13 15:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Belgrade
Cable title:  

SERBIA: ANNUAL TRAFFICKING IN PERSONS REPORT

Tags:  KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SR 
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VZCZCXRO1812
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHBW #0137/01 0441518
ZNR UUUUU ZZH
R 131518Z FEB 09
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 0976
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
UNCLAS SECTION 01 OF 06 BELGRADE 000137 

SIPDIS
SENSITIVE

DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EUR/PGI
DEPT PASS USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SR
SUBJECT: SERBIA: ANNUAL TRAFFICKING IN PERSONS REPORT

REF: A) 08 State 132759, B) Belgrade 17, C) 08 Belgrade 1250, D)
Belgrade 32, E) 08 Belgrade 224

UNCLAS SECTION 01 OF 06 BELGRADE 000137

SIPDIS
SENSITIVE

DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EUR/PGI
DEPT PASS USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB SR
SUBJECT: SERBIA: ANNUAL TRAFFICKING IN PERSONS REPORT

REF: A) 08 State 132759, B) Belgrade 17, C) 08 Belgrade 1250, D)
Belgrade 32, E) 08 Belgrade 224


1. Serbia's TIP Situation
--------------


A. Both the office of the National Coordinator for Combating
Trafficking in Persons and the Agency for Coordination of Protection
of Trafficking Victims, as well as other government ministries and
agencies, provide information about trafficking in persons. In
addition, the International Organization for Migration, the
Organization for Security and Cooperation in Europe, and various
NGOs provide information. Information is generally reliable.


B. Serbia is a country of origin, transit, and a destination for
internationally and internally trafficked men, women, and children.
The government's Agency for the Coordination of Protection of
Victims of Trafficking recorded 55 trafficking victims in 2008. Of
these, there were 48 females and 7 males; 30 were minors; 49 were
Serbian citizens and 6 foreigners (2 from Uzbekistan, 2 from
Moldova, and 2 from Macedonia). The number of foreigners was likely
higher than reported Romanians and Bulgarians do not need visas in
Serbia, they are scrutinized less by officials, and victims are more
difficult to identify. Foreign trafficking victims are moved into
Serbia primarily through the Balkan route, from Eastern Europe and
Central Asia through Kosovo and Macedonia. While Serbia cooperates
with its neighbors on individual cases, in order to better tackle
the Balkan Route problem, Serbia needs to increase its coordination
with other governments in the region. The government's refusal to
cooperate with the relevant Kosovo officials seriously affects
Serbia's efforts to combat trafficking of all types on this route.

There was an increase in labor trafficking cases compared to sexual
exploitation cases in 2008. In less than half of the cases, women
and girls were trafficked for sexual exploitation, compared to a
majority of cases in 2007. NGO Atina noted that victims have been

younger every year in recent years.

While government, NGO, and IO officials believe there is
underreporting of victims, especially of male victims who are
unlikely to come forward due to potential stigma, official figures
generally track with those reported by NGOs and are probably the
most accurate available.


C. Victims are often lured by promises of jobs as dancers,
waitresses, or sex workers but then are forced to work in those jobs
in substandard conditions, have their documents confiscated, and are
held against their will. Children are trafficked into petty crime
or begging rings and live in crowded, substandard conditions with no
access to school.


D. As in previous years, women and children of poor economic means,
orphans, displaced persons, and individuals without documents are
most at risk for trafficking.


E. Traffickers tend to be part of small crime groups with
international links. They operate amid Serbia's black and gray
markets, where it is not uncommon to deal with employers or
recruiters making under-the-table deals promising travel and work
opportunities. In most cases, friends or family members take part
in the trafficking scheme, facilitating contact between the
traffickers and victims. Many victims from Serbia reported to NGOs
that their families sold them into trafficking as minors.


2. The Government's Anti-TIP Efforts
--------------


A. The government acknowledges that trafficking is a problem in
Serbia.


B. There is a National Coordinator for Combating Trafficking in
Persons, based in the Interior Ministry. The Coordinator heads the
Republic Team to Combat Trafficking in Persons, which includes
representatives from the Ministries of Foreign Affairs, Human and
Minority Rights, Interior, Labor and Social Policy, Justice,
Finance, Education and Sport, and Health, the government Council for
Children's Rights, the Agency for Coordination of Protection of
Trafficking Victims, the Supreme Court, and the Republic
Prosecutor's office, as well as non-governmental and international
organizations. The Republic Team has four working groups on
Trafficking in Children, Prevention and Education, Protection and
Assistance, and Prosecution. The Interior Minister leads the
ministerial-level Council to Combat Trafficking in Persons, which
sets government anti-trafficking policy.


BELGRADE 00000137 002 OF 006


The Agency for Coordination of Protection of Trafficking Victims,
based in the Labor and Social Policy Ministry, is responsible for
victim identification, protection, and referral for assistance to
state institutions or NGOs. The Agency also cooperates with NGOs
and international organizations that provide protection services.

The organized crime police force includes a full-time
anti-trafficking unit, and the border police force has a full-time
office to combat trafficking and alien smuggling. There are
anti-trafficking units in the police stations of every town. Some
towns have special anti-trafficking teams that include police,
prosecutors, social workers, and health workers, but they are not
required and the teams exist only where local officials took the
initiative to form them.


C. The position of the Coordinator was vacant for nearly a year,
which led to diminished focus on anti-trafficking efforts. The
position is now filled by a police officer experienced in combating
trafficking (Ref B),and the Republic Team to Combat Trafficking in
Persons and its working groups have resumed meeting. Lack of
resources continues to be a problem. The Agency for Coordination of
Protection of Trafficking Victims has no budget. NGOs that provide
services to victims rely on a government fund generated from the
government's sale of a special postage stamp in 2008 and funds from
their donors.


D. The Ministry of Interior publishes information about
anti-trafficking efforts on its website and operates a hotline to
collect trafficking in persons-related tips for law enforcement.
The Republic Team to Combat Trafficking in Persons writes periodic
reports on the government's anti-trafficking activities. It will
hold a meeting in March 2009 to measure the effectiveness of the
first quarter's activities, with plans to hold quarterly meetings
thereafter.

The National Coordinator for Combating Trafficking in Persons
maintains a database designed to track trafficking cases from arrest
through to sentencing; however, it currently only contains arrest
and investigation data. The National Coordinator will hold a
workshop in March to develop a formal data-sharing mechanism with
the courts and the Justice Ministry to populate fully the database.
The Agency for Coordination of Protection of Trafficking Victims
maintains a database of identified victims.


3. Investigation and Prosecution of Traffickers
-------------- --


A. The 2006 Constitution identifies trafficking in persons and
slavery as crimes. Serbia's Criminal Code (January 2006)
specifically prohibits trafficking in persons for both sexual and
non-sexual exploitation, covers internal and external trafficking,
and differentiates between trafficking in persons and human
smuggling. A separate article of the Criminal Code prohibits
slavery.


B. The penalty for trafficking in persons for both sexual and labor
exploitation is 2 to 10 years in prison. For trafficking minors,
the penalty is a minimum of 3 years. If the act of trafficking
resulted in death, the penalty is a minimum of 10 years; if it
involved serious physical injury, the penalty is 3 to 15 years. If
there were multiple acts of trafficking or if perpetrated by an
organized group, the penalty is a minimum of five years. The
penalty for "slavery or a relationship similar to slavery" is 1 to
10 years in prison and includes anyone who buys, sells, or transfers
the victim, anyone who helps in the purchase, sale, or transfer, and
anyone who encourages a person to sell his or her freedom or the
freedom of a dependent. The punishment for transporting a person
held as a slave from one country to another is six months to five
years. The penalty for any slavery offense against a minor is 5 to
15 years.


D. The penalties for rape are the same as those for trafficking in
persons (2 to 10 years in prison). The penalty for sexual abuse is
1 to 10 years.


E. The National Coordinator for Combating Trafficking in Persons
reported that prosecutors filed 32 charges against 74 individuals
for trafficking crimes, mostly related to sexual exploitation, in

2008. Trials can take years due to an inefficient court system, and
defendants are often not held in detention during the trial and
appeals. By law, defendants are only detained during the appeals
process if their sentence was greater than five years. The National
Coordinator identified this as a weakness in the law that he would
like the Council to Combat Trafficking in Persons to address in the
future.

BELGRADE 00000137 003 OF 006



The Agency for Coordination of Protection of Trafficking Victims
reports that sentences recently have been higher, thanks to
increased training for judges. In December 2008, a trafficker who
had trafficked and tortured victims while out of jail during an
appeal for a conviction of robbery was sentenced to eight years,
based on testimony from one of his victims. The hearing, verdict,
and sentence all occurred within one day. The defendant remains in
custody pending appeal.

Serbia's Parliament passed a package of Judicial Reform legislation
in December 2008, designed to improve the efficiency of the judicial
system (Ref C). The Justice Ministry will release for public
comment in March a draft of a revision of the Criminal Procedure
Code (CPC)(Ref D),which will introduce prosecutor-led
investigations and enable the use of special investigative
techniques, such as wiretapping and witness collaborators.
According to government and international organization officials,
the improvements in the judicial reform package and the revised CPC
will enhance efforts to combat trafficking.


F. The government, mainly through NGO- and international
organization-sponsored programs, provides extensive training to
police, prosecutors, judges, and other officials in how to
recognize, investigate, and prosecute trafficking. Some officials
noted a need to extend more training to local police.


G. According to the National Coordinator, the government continues
to cooperate with all of its neighbors on anti-trafficking cases.
Interior Minister Ivica Dacic has publicly stated repeatedly since
his appointment in July 2008 that regional cooperation is a priority
for the ministry. International organization officials believe,
however, that Serbia needs to increase its regional cooperation.
While there have been individual examples of regional coordination,
all Interior Ministries in the region need to develop mechanisms for
formal cooperation, according to the International Organization for
Migration (IOM). The government does not cooperate with Kosovo on
any issues, which impedes its efforts to combat trafficking because
Kosovo is the major transit country on the Balkan Route, through
which trafficked persons are transited from Eastern Europe and
Central Asia.


H. Serbian law prohibits the extradition of Serbian citizens,
including those with dual citizenship, other than to the
International Criminal Tribunal for the Former Yugoslavia. The
Justice Ministry is currently drafting a Law on Cooperation on
International Criminal Matters that will permit extradition, in
accordance with EU standards. The Ministry expects to send the bill
to Parliament in March 2009.


I. There is no evidence of systematic government involvement in or
tolerance of trafficking.


J. The "Jet Set" trial, in which the Novi Pazar deputy public
prosecutor was arrested and tried, concluded in August 2008. The
deputy public prosecutor and eight others received sentences ranging
from time served to eight years.


K. A prostitute's activities constitute a misdemeanor; facilitation
of prostitution (i.e., the activities of brothel owners, operators,
and pimps) is a criminal act. However, being a client of a
prostitute is not an offense. The laws are generally enforced.


L. The government has not deployed more than 100 troops in
international peacekeeping efforts. Officials at the Ministry of
Foreign Affairs have, however, expressed an interest in receiving
training materials on anti-trafficking awareness for military
personnel with the objective of preventing exploitation and sexual
abuse.


M. We are not aware of any child sex tourism or demand for child sex
tourism in Serbia.


4. Protection and Assistance to Victims
--------------


A. The government has a witness/victim protection service and
provides free access to medical care for both foreign and domestic
trafficking victims. The government partly funds NGOs that provide
two shelters and legal, psychological, and reintegration services.



B. Serbia has victim care facilities for foreign and domestic
trafficking victims, primarily operated by NGOs. The NGO Counseling
Center against Family Violence runs a shelter for foreign

BELGRADE 00000137 004 OF 006


trafficking victims. NGO Atina runs a shelter/transition house for
domestic and foreign trafficking victims. ASTRA runs a drop-in
center that provides legal, medical, psychological, and other
support. The Victimology Society of Serbia has a drop-in victim
support service that offers all victims of crime emotional support,
provides information on their rights and on specialized services
available in Belgrade, and refers victims to such service providers.
The International Organization for Migration (IOM) can provide
funds for returns and repatriations on an ad hoc basis and operates
a joint reintegration program with NGO Atina.

Child victims are placed in the same shelters as adult victims until
foster care or other services can be arranged. There are no
specialized services for men, but men and women have access to the
same services.

Officials from the Agency for Coordination of Protection of
Trafficking Victims noted a need to develop legal or regulatory
standards for NGOs that provide victim assistance.


C. By law and in practice, domestic and foreign victims of
trafficking can receive free medical assistance in public clinics.
NGOs provide victims shelter, medical treatment, psychological
counseling, and reintegration assistance (see paragraph B). The
government funds the salaries of two full-time staff at the Agency
for Coordination of Protection of Trafficking Victims. The
government also provides grants to NGOs with the remaining proceeds
of a special anti-trafficking postage stamp sold in January 2008
(Ref E). These grants, along with funds from international donors,
fund the victim services provided by NGOs. The government also uses
the stamp fund to fund travel for Agency staff and emergency support
for victims, including immediate food, clothing, travel, and shelter
needs. There are currently no plans to increase the budget for the
Agency.


D. Foreign victims are entitled to the same services that domestic
victims receive, including free medical care. The government
provides temporary residence permits for foreign victims of
trafficking free of charge, upon recommendation of the Agency for
Coordination of Protection of Trafficking Victims. Permits are
typically issued for an initial period of three to six months, up to
one year. Victims may adjust their status to remain in Serbia if
they choose. The residency permits are available to any foreign
victim and not contingent on cooperating with investigations or
prosecutions. There were no reports that foreign victims were
forced to return to their home countries.


E. NGOs provide reintegration assistance to domestic and foreign
victims, partly funded by the government's special stamp fund. IOM
assists foreign victims who wish to remain in Serbia.


F. The Agency for Coordination of Protection of Trafficking Victims
is responsible for identifying victims and cooperating with NGOs and
international organizations that provide victim services. Police,
NGOs, shelters, and anti-trafficking hotline operators work directly
with the Agency when they suspect they have a victim of trafficking,
and one of the two members of the Agency responds immediately to
provide identification and emergency support. This referral process
is currently informal.

The government for the first time in 2008 authorized the NGO Atina's
personnel to respond to referrals during the summer months when the
Agency was only staffed by one person at a time. While the Agency
is usually able to respond to all referrals, the two staff members
are overworked, and the office needs more personnel and resources.
Staff at the Agency believe the government will allocate more
resources to victim protection in the coming year as part of the
government's implementation of Schengen visa-free regime
requirements, but they are uncertain how that money will be
allocated.

The National Coordinator for Combating Trafficking in Persons has
begun discussions in the Republic Team to Combat Trafficking in
Persons and working groups for a formal National Referral Mechanism.



G. In 2008, the Agency for Coordination of Protection of Trafficking
Victims identified a total of 55 trafficking victims, referred by a
combination of law enforcement, social services, and NGOs. Of the
55, 18 were placed in shelters and 37 were not, although they were
eligible for certain other services, such as free medical care.


H. Because most of the trafficking in Serbia is for sexual
exploitation, Serbian authorities have made at-risk services (night
clubs, restaurants, massage parlors, discos, etc.) the focus of

BELGRADE 00000137 005.2 OF 006


training for law enforcement. Consular and border officials are
also trained to look for signs of trafficking in immigration cases.
The National Referral Mechanism (see paragraph F) will improve the
ability of these personnel to identify and refer victims from
at-risk populations. Until the government of Serbia finds a
mechanism for cooperation with relevant officials from Kosovo,
however, these efforts will not cover the main trafficking route
from Kosovo into Serbia.


I. Generally, the rights of victims are respected. While officials
believe authorities occasionally fail to recognize a victim
immediately, victims generally are not detained, jailed, or
deported. There were no reports of such detentions or that victims
were prosecuted for violations of other laws during the reporting
period.


J. The government encourages victims to assist in the investigation
and prosecution of trafficking, and facilitates this through its
victim/witness protection program. An Agency for Coordination of
Protection of Victims or an NGO official remains with victims during
trials. The Agency said separate waiting rooms for victims in the
courts would increase their comfort. The length of trials makes it
burdensome for victims, and a long lapse in time after an offense
occurs makes it difficult for victims to testify consistently.
Cases usually depend on victim testimony, because there is no
physical evidence. According to NGOs, most identified trafficking
victims report their crimes to the police and assist them in their
investigations.

Serbia also allows victims to file civil suits against their
traffickers for compensation. Victims who are pursuing criminal or
civil suits are entitled to temporary residence permits and may
obtain other employment or leave the country pending trial
proceedings. There is no restitution program, but it is possible in
both criminal and civil proceedings for judges to award plaintiffs
compensation.


K. The government provides specialized training for government
officials, including police, consular officers at Serbia's
embassies, and social welfare workers in recognizing trafficking and
providing assistance to victims.


L. Serbian citizens who are repatriated as victims of trafficking
are entitled to the same assistance as victims identified in
Serbia.


M. Several local and international NGOs, including the Serbian Red
Cross, Beosupport, the Child Rights Center, the Anti-Trafficking
Center, Counseling against Family Violence, Atina, Astra, the
Victimology Society of Serbia, Save the Children UK, and the
Christian Children's Fund, work with trafficking victims and
participate in the Republic Team to Combat Trafficking in Persons
and its working groups. International organizations include the
International Organization for Migration, the Organization for
Security and Cooperation in Europe, UNICEF, and the UN High
Commissioner for Refugees. The U.S.-based NGO Fair Fund maintains
an office in Belgrade and works with Atina on a program that
provides life skills and income to individuals in Atina's shelter.


5. Prevention
--------------


A. The Ministry of Interior publicized its trafficking tip-off
hotline with a series of "People are not merchandise" posters and on
its website. The NGO Astra, in cooperation with the Ministry for
Human and Minority Rights and international donors, launched the
Naked Facts campaign, which includes television spots and a
billboard and poster ad campaign, in September 2008. The campaign
features several prominent Serbian men displaying the Astra hotline
number with the tagline: "Women are not meat. Children are not
slaves. People are not merchandise." The campaign is intended to
target demand for trafficking as well as individuals who may see
evidence of trafficking.


B. The office of the National Coordinator for Combating Trafficking
in Persons plans to examine immigration and emigration data for
patterns of evidence of trafficking. The National Coordinator is
also looking at the potential effects of Serbia joining the Schengen
visa-free regime, which could at least temporarily facilitate
trafficking by reducing document inspections into and out of
Serbia.


C. Government agencies, NGOs, and international organizations
coordinate all anti-trafficking efforts through the Republic Team to
Combat Trafficking in Persons.

BELGRADE 00000137 006.2 OF 006




D. The government adopted a National Strategy to Combat Trafficking
in Persons in Serbia in 2006. After the new National Coordinator
for Combating Trafficking in Persons was appointed in November 2008,
the working groups and the Republic Team to Combat Trafficking in
Persons wrote a draft Action Plan for 2009-2011, which will go to
each relevant minister for comment in February 2009. NGOs
participate in the working groups and the Republic Team and
contributed to the draft Action Plan. NGO and international
organization representatives praise the efforts of the new
coordinator because activities and planning now include all
stakeholders.

Activities planned for 2009 are low or no-cost activities and focus
on improving procedures and coordination, because the government has
no budget for anti-trafficking activities for 2009, but the Republic
Team's planning includes budget requests for 2010 and 2011. Because
anti-trafficking measures are necessary for Serbia to join the
Schengen visa-free regime, a top priority for the government,
officials believe the government will fund anti-trafficking efforts
next year.


E. Prostitution and facilitation of prostitution are illegal, and
police enforce the relevant laws. The media publicizes law
enforcement crackdowns on commercial sex establishments.


F. There is no evidence of Serbian citizens participating in
international child sex tourism.


G. Serbia does not have over 100 troops in international peace
efforts.


6. TIP Contact and Hours
--------------

Post's TIP contact is Bianca Menendez, 381-11-306-4654, fax
381-11-361-3962. Post spent a total of 43 hours on this report.
The following individuals contributed to the report: FO-1: 1 hour,
FO-2 (two officers): 32 hours, FSN-10: 10 hours.

MUNTER