BOSNIA - SUBMISSION FOR THE 2009 TIP REPORT

UNCLAS SECTION 01 OF 15 SARAJEVO 000181

SENSITIVE
SIPDIS

G/TIP FOR ROFMAN/DONNELY; EUR/SCE FOR FOOKS/MCGUIRE;
EUR/PGI FOR BUCKNEBERG; NSC FOR HELGERSON; G-ACBLANK, INL,
DRL, PRM

E.O. 12958: N/A
TAGS: PGOV PHUM PREF KTIP AADP ELAB KCRM KFRD KWMN
SMIG, BK
SUBJECT: BOSNIA - SUBMISSION FOR THE 2009 TIP REPORT

REF: 2008 STATE 132759

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1. (U) Summary: This cable constitutes Post's submission for
the 2009 TIP report for Bosnia and Herzegovina (BiH). Post's
point of contact for trafficking issues is Poloff Patrick
Hanish, tel: 387-33-445-700 x2312, fax: 387-33-659-722,
e-mail: HanishPN@state.gov. Time spent preparing the report:
Polcouns (FS-01): 3 hours; Poloff (FS-02): 40 hours; Pol FSN
(FSN-08) 30 hours. End Summary.


2. (SBU) Paragraph 23:

OVERVIEW
--------------

-- A. What is (are) the source(s) of available information on
trafficking in persons? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

The State Coordinator oversees the government's TIP database,
which compiles information from NGOs, the State Investigative
and Protection Agency (SIPA),the State Border Police (SBP),
local, entity- and state-level police agencies, and
prosecutors' offices. Individual NGOs, including NGOs which
operate shelters, are also useful sources of information on
trafficking and related societal dynamics. Generally, post
assess official sources to be very reliable on providing
information on arrests, prosecutions, convictions, and
assistance to victims. NGOs are often very reliable in
information on victim history and status, as well as
continuing problems of TIP-related advocacy work. OSCE has
undertaken, in cooperation with an NGO, further study of
victim patterns, and the State Coordinator's office and
Ministry of Human Rights and Refugees plans to further
investigate trafficking/child pornography issues and child
begging issues.

For further discussion of the National Action Plan, see item
25.A. below.

-- B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Does trafficking occur within the country's
borders? If so, does internal trafficking occur in territory
outside of the government's control (e.g. in a civil war
situation)? To where are people trafficked? For what
purposes are they trafficked? Provide, where possible,
numbers or estimates for each group of trafficking victims.
Have there been any changes in the TIP situation since the
last TIP Report (e.g. changes in destinations)?

The country was primarily a country of origin for women and
girls trafficked domestically for sexual exploitation, and,
to a much lesser extent, a destination and transit point for
foreign trafficking. 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.

More than half of all documented trafficking victims were
minors. Authorities observed a continuing trend of victims
primarily being trafficked domestically during the year, far
surpassing the number of foreign victims. During the
reporting period the Office of the State Antitrafficking
Coordinator registered 29 total trafficking victims. Of the
29 total, 25 were domestic trafficking victims, a continued
increase on last year's percentage (almost 80 percent) were
domestic victims, indicating a continued increase in the
percentage of domestic victims. The remaining four victims
were foreign, one from Serbia, one from Iraq, and two from
Ukraine. More than half of all victims were minors.

Roma community representatives report instances of domestic
trafficking for forcible marriage. Roma community
representatives also report instances of attempted
recruitment of Roma girls by non-Roma individuals, believed
linked to organized crime (ostensibly to be "au pairs" in
Western Europe).

Although there are no reliable estimates, women may have been

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trafficked on to Western Europe. Of the four foreign victims
identified in Bosnia, one lured with promises of employment
in Italy, and one was promised a pre-arranged marriage in
Germany. Those who transited the country generally continued
on via Croatia.

The main source on the number of trafficking victims assisted
during the reporting period was the Ministry of Security's
Office of the State Coordinator. The State Coordinator
oversees the government's TIP database which compiles
information from NGOs, the State Border Police (SBP),local,
entity and state-level police agencies and prosecutors
offices.

-- C. What kind of conditions are the victims trafficked into?

According to non-governmental organizations that work on
combating trafficking in persons, the few foreign victims
found in Bosnia were lured by false job offers to work as
waitresses or domestic servants, offers of pre-arranged
marriage, or promises of transit to Western Europe for the
same. Some NGOs reported that trafficking victims were 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 or
Montenegro. Many foreign victims arrive in BiH via legal
border crossings with Serbia or Montenegro and carry real or
false identity cards or passports. Passports are not
required for BiH citizens to enter Serbia, Montenegro or
Croatia (and vice versa for citizens of those countries).

In response to successful police actions against such
establishments, the criminal modality linked to sexual
exploitation within BiH has shifted from "night bars" and
restaurants, cafes and gas stations to private apartments and
houses. Traffickers are increasingly sending women on calls
or bringing would-be clients to safe-houses. The use of
intermediaries, including taxi drivers, bar operators,
pensioners at cafes or others to tip-off or bring clients to
a location where victims are held was becoming more common.

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of being trafficked (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)?

Trafficking largely occurs within the country's borders,
especially with domestic victims. The most common domestic
age group recruited for sexual exploitation is women between
18 and 25 years old, although there were also a growing
number of underage victims -- some as young as 12. Domestic
victims often include: Roma women and teenage girls; persons
with mild developmental disabilities; orphans; persons from
destroyed or single-parent households were more likely to be
recruited. For domestic victims, poverty was generally a
contributing factor.

-- E. Traffickers and Their Methods: Who are the traffickers/
exploiters? Are they independent business people? Small or
family-based crime groups? Large international organized
crime syndicates? What methods are used to approach victims?
For example, are they offered lucrative jobs, sold by their
families, or approached by friends of friends? What methods
are used to move the victims (e.g., are false documents being
used?). Are employment, travel, and tourism agencies or
marriage brokers involved with or fronting for traffickers or
crime groups to traffic individuals?

Traffickers in BiH are generally part of small, local
criminal organizations, often operating on a local or
regional level in-country. Those few that engage in
cross-boarder trafficking are understood to be loosely
affiliated with similar organizations in other countries,
especially in neighboring Croatia, Serbia and Montenegro.
Large international organized crime syndicates are not known
to be involved in trafficking in BiH. There were no specific
reports of employment, travel or tourism agencies having
involvement in trafficking. There were rumors, however, that
minor girls, especially within the Romani community, were
unwillingly trafficked by family members or others into

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arranged marriages.

Recruitment methods vary, but 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 publications. There were also reports of forcibly
"recruiting" females, especially minors, into trafficking
through the threat of physical violence if the girls do not
comply. 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.

Victims are usually kept in private apartments, motels, gas
stations, or driven to a location where they are forced to
provide sexual services to pre-arranged clients. 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.


3. (SBU) Paragraph 24:

SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
-------------- --------------

-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?

The government acknowledges that TIP is a problem and makes
significant efforts to combat TIP in BiH.

-- B. Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

The Office of the State Coordinator for Anti-trafficking
within the Ministry of Security (MOS) has the lead role in
anti-TIP efforts. The State Coordinator's mandate includes
coordination of victim protection efforts among NGOs, law
enforcement and government institutions. The BiH State
Prosecutors 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-level. A
nationwide interagency investigative task force to combat
trafficking, the Anti-trafficking Strike Force, was chaired
by the chief state prosecutor and included prosecutors,
police, and financial investigators who targeted trafficking
and illegal migration. The following government agencies are
also involved in the Inter-Ministerial Working Group to
Combat Trafficking: at the state-level, the Ministry of Human
Rights and Refugees, the State Border Police (SBP),the
Ministry of Justice, the Ministry for Foreign Affairs, and
the Ministry of Security. At the entity-level, the
Ministries of Interior (MUPs),Ministries of Health,
Ministries of Labor and Social Welfare and Ministries of
Education contributed to anti-trafficking efforts.
Prosecutors at the state, entity and local levels are also
involved.

-- C. What are the limitations on the government's ability to
address this problem in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

The government's ability to address TIP is limited in
practice due to limited funding and the complexity of
Bosnia's political structure. In 2008, the State
Coordinator's office dispersed an estimated total of $200,000
to combat trafficking in persons. An additional $22,400 was
provided through the Ministry of Human Rights and Refugees,
primarily for the repatriation of domestic victims. The

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Ministry of Security allotted funding of 200,000 KM
($133,333) for assistance to foreign citizen of trafficking
(including repatriation assistance) in 2008. However, given
the small number of foreign trafficking victims (only four in
2008),this number was decreased to 100,000 KM ($66,667) for

2009. The amount of assistance to domestic victims of
trafficking was marginally increased to 45,000 KM ($30,000)
for 2009.

Corruption in BiH, as related to funding for TIP, has not
been assessed to be a problem. In 2008, the budget of the
State Coordinator's Office was incorporated into the Ministry
of Security budget as a separate line item. Funds are
transparently allotted as a line item of the Ministries of
Security and Human Rights and Refugees. NGOs who are
eligible recipients of funding meet regularly with ministry
staff, apply for funding based on number of victims assisted,
and confirm to us receipt of funds.

The greatest limitation placed on the government of BiH's
fight against trafficking is the continuing stalemate among
political leaders, ethnic divides, and cumbersome
administrative structure imposed by the Dayton constitution.
The opportunity for legislative stonewalling and tit-for-tat
political games impedes work in trafficking, along with
virtually all other areas of government activity. Lack of
cooperation among geographically and ethnically divided law
enforcement and prosecutorial agencies often severely
complicates national-level solutions to trafficking problems.

-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

The government monitors anti-trafficking efforts in a number
of ways. The Antitrafficking Strike Force, which meets two
times per month and includes police and prosecutors from all
agencies and entities, as well as representatives of USDOJ's
Overseas Prosecutorial Development and Assistance Training
(OPDAT) program, monitors the progress of TIP investigations
and prosecutions and reports to the State Coordinator. There
is also a working group with NGO and international community
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 also publishes (in print and electronic versions)
its Annual Report on trafficking, which includes data
gathered from prosecutors, NGOs and police agencies
throughout BiH. The State Coordinator's Office maintains an
active anti-trafficking website (www.antitrafficking.gov.ba).


4. (SBU) Paragraph 25:

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

For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.

-- A. Existing Laws against TIP: Does the country have a law
or laws specifically prohibiting trafficking in persons --
both for sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language (actual copies
preferable) of the TIP provisions. Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal
and transnational forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud, or coercion? Are
these other laws being used in trafficking cases?

Article 186 of the BiH Criminal Code prohibits trafficking

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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 provides prosecutors with
another option in pursuing international traffickers.
Articles 186 and 187 of the Criminal Code are harmonized with
the Palermo Protocol. 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, and carries
a penalty ranging from 1-5 years if the victim is an adult,
and 3-15 years if the victim is a minor. 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,
so criminal asset forfeiture has not been widely used in TIP
or organized crime cases. Through the U.S. Marshals, OPDAT
is providing training to BiH prosecutors on asset forfeiture,
which will hopefully lead to increased seizures in coming
years. During the reporting period, there was no seizure of
assets connected to trafficking cases in BiH.
Misunderstandings are common because of the existence of four
different penal codes, with the state, Federation, RS and
Brcko District maintaining distinct criminal statutes.

In 2007, the Council of Europe Convention on Action Against
Trafficking in Persons entered into force, the first European
agreement in this area. This Convention, to which BiH is a
signatory, focuses on protection of trafficking victims and
their rights. At the proposal of the State Coordinator's
Office, the Council of Ministers adopted in July, 2007 The
Rules on Protection of Victims and Witnesses of Human
Trafficking who are Citizens of Bosnia and Herzegovina. The
Rules were adopted as a binding standard of protection of
human rights for BiH victims and victim witnesses of human
trafficking and establish principles and common operational
standards relating to identification procedures, protection
and assistance, primary and secondary prevention and other
activities benefiting the protection and assistance of
victims and witnesses of TIP from Bosnia and Herzegovina.

At the end of 2007, the State Coordinator's Office finalized
the new National Action Plan for 2008-2012. Using a human
rights-based approach, the new Action Plan foresees a
comprehensive package of goals and measures in the areas of
prevention, protection and prosecution for the next five
years. To ensure the effective implementation of these
goals, the new Action Plan also includes measures for the
evaluation of implemented activities and for the referral of
trafficking victims. The Council of Ministers is expected to
adopt the Action Plan in the near future.

-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking people for
sexual exploitation?

The maximum penalty for any trafficking offense under Article
186 is ten years' imprisonment; defendants may be sentenced
to a total of 20 years if certain aggravating circumstances
are present. If the trafficker was involved in the sexual
exploitation of a minor, the penalty carries a minimum of
five years' imprisonment.

During the reporting period, Federation Courts convicted
seven individuals of trafficking-related offenses, all of
whom received suspended sentences (four of which were through

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plea bargains). Within the Federation, at the Cantonal
level, a total of 54 cases (of which 12 cases were begun
prior to the reporting period) were in proceedings. From
these cases, 16 persons were convicted of trafficking-related
offenses. Of these 16 persons, nine were imprisoned.

In Republika Srpska's criminal code, trafficking in human
beings for prostitution is a crime. In 2008, there were no
changes to any legal provisions regarding trafficking in
persons. During 2008, the Prosecutor's Office of Republika
Srpska received 18 criminal charges for trafficking in
persons. Of that, 15 cases were investigated, and two cases
were pending investigation. In addition to 14 investigations
ongoing from previous years, a total of 29 investigations
were ongoing during the reporting period.

Eight cases reached indictment; investigation was suspended
in seven cases; investigation continued in 14 cases. 11
persons were convicted and received prison sentences. Of
those 11, in three cases the Court rendered lighter prison
sentences (three months for each) after accepting plea
bargains. In these cases, the defendants agreed to testify
against the organizers of human trafficking rings, who
received longer prison sentences.

In the Brcko District, a law exists regarding the "criminal
act against sexual freedom and morale" (Section 19 of the
Brcko district criminal code). However, a number of
different types of crimes exist under this law, not all of
which relate to trafficking (including exploitation of a
minor, and other types of sexual abuse). "Enticement to
prostitution" is, however, one of the sub-categories, and is
considered a trafficking-related offense. Overall, 11
perpetrators were charged under Section 19, related to eight
victims (five of whom were minors). No further break-down of
data as to the type of crime was available.

The BiH State Court had four ongoing cases (against a total
of 19 persons) involving trafficking offenses at year's end,
one of which was the re-trail of a 2006 conviction based on
procedural flaws in the initial trial. No individuals
received fines as punishment.

-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to trafficking in the
destination country? If your country is a destination for
labor migrants, are there laws punishing employers or labor
agents who confiscate workers' passports or travel documents
for the purpose of trafficking, switch contracts without the
worker's consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of keeping
the worker in a state of service?

Bosnian law does not differentiate between trafficking for
sexual purposes and trafficking for labor. Bosnia was
neither a source nor a destination country for forced or
bonded labor.

-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a
foreign government's compliance with TVPA Minimum Standard 2,
which reads: "For the knowing commission of any act of sex
trafficking . . . the government of the country should
prescribe punishment commensurate with that for grave crimes,
such as forcible sexual assault (rape)." END NOTE)

The maximum penalty for rape is 20 years, with aggravating
circumstance. Rape penalties parallel the penalties for
trafficking offenses in that to receive the maximum sentence,
aggravating circumstances must be present.

-- E. Law Enforcement Statistics: Did the government
prosecute any cases against human trafficking offenders
during the reporting period? If so, provide numbers of
investigations, prosecutions, convictions, and sentences

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imposed, including details on plea bargains and fines, if
relevant and available. Please note the number of convicted
traffickers who received suspended sentences and the number
who received only a fine as punishment.
Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers. Also, if
possible, please disaggregate numbers of cases by type of TIP
(labor vs. commercial sexual exploitation) and victims
(children under 18 years of age vs. adults). If in a labor
source country, did the government criminally prosecute labor
recruiters who recruit workers using knowingly fraudulent or
deceptive offers or by imposing fees or commissions for the
purpose of subjecting the worker to debt bondage? Did the
government in a labor destination country criminally
prosecute employers or labor agents who confiscate workers'
passports/travel documents for the purpose of trafficking,
switch contracts or terms of employment without the worker's
consent to keep workers in a state of service, use physical
or sexual abuse or the threat of such abuse to keep workers
in a state of service, or withhold payment of salaries as a
means to keep workers in a state of service? What were the
actual punishments imposed on persons convicted of these
offenses? Are the traffickers serving the time sentenced?
If not, why not?

For information on imposed sentences and types of trafficking
cases, please see items 25.B. and 23.B. above.

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. BiH government plans call
for SIPA (an institution formed in 2006) to take over the
responsibilities of the Antitrafficking Strike Force as its
capacity to coordinate anti-trafficking work expands.

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 29 registered TIP victims during 2007, although he
noted that there are likely to be many more victims who do
not come to the attention of the authorities.

SIPA submitted 36 reports (related to a total of 57
individuals) of criminal acts related to trafficking in
persons for sexual exploitation.

During the reporting period, the Prosecutor's Office
prosecuted two cases involving five juvenile victims and
seven defendants. All defendants are charged with trafficking
for the purposes of exploitation. All the victims are BiH
nationals. Currently, there are 11 individuals under
investigation for trafficking in human beings.

Regarding sentencing, the current sentences range from 10 to
15 years of imprisonment but varies based on several
circumstances, such as the degree of criminal liability, the
motives for perpetrating the offense, the degree of danger or
injury to the protected object, the circumstances in which
the offense was perpetrated, and the past and present conduct
of the perpetrator.

-- F. Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking? Specify whether NGOs,
international organizations, and/or the USG provide
specialized training for host government officials.

The government provides specialized training for government
officials on recognition, investigation and prosecution of
trafficking. During the reporting period, the State
Coordinator's Office partnered with Caritas of Bosnia and
Herzegovina and Catholic Relief Services (CRS) in a campaign
to increase public awareness of trafficking in persons,
specifically targeting young people seeking employment

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outside BiH. Materials for the public awareness campaign
were distributed to all diplomatic-consular missions and to
all missions of international organizations in BiH (through
the Ministry of Foreign Affairs of BiH),State Border Police
offices, universities, shopping centers and primary and
secondary schools.

In 2007, The State Coordinator's Office partnered with Save
the Children Norway and NGO Citizens Association Medica in a
regional program to target at-risk children and improve the
rights of child victims of trafficking. In cooperation with
Save the Children Norway, the government developed a manual
for police, prosecutors, social centers and health care
institutions on preventing children from becoming victims of
TIP. The State Coordinator's Office also drafted
standardized operating procedures for dealing with child
victims in the "Standardized Practices of Different
Professionals in Protection and Treatment of Children Victims
of Trafficking and Victim Witnesses of Human Trafficking in
BiH."

Bosnian judicial centers provide basic training for all
judges and prosecutors. During the course of their education,
judges, prosecutors, and legal associates are taught the
elements of trafficking and what should be proven. Law
enforcement academies, in particular the BiH border police,
educate cadets on how to recognize trafficking as a
cross-border crime.

-- G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.

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 crimes 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. However, in 2007 in
partnership with the International Center for Migration
Politics (ICMPD),the second phase of a Project to support
the transnational referral mechanism for trafficking victims
(TRMP) in southeastern Europe was launched. Bosnia and
Herzegovina became an ICMPD member in 2006. The number of
ongoing cooperative international investigations was not
available during the reporting period, although four cases of
BiH nationals trafficked to other countries were returned to
BiH through utilization of an international case referral
mechanism.

Since its establishment, the State Prosecutor's Office of
Bosnia and Herzegovina has continued to cooperate with
prosecutors from other countries in the region fighting
various types of crime, including trafficking in human
beings.

The contribution of the Prosecutor's Office of Bosnia and
Herzegovina to the development of cooperation at the
international and regional level is specially reflected in
the framework of the international Southeast European
Prosecutors Advisory Group (SEEPAG),regional South East
European Cooperative Initiative within the project of
regional cooperation pursuant to the Memorandum on
Cooperation of Prosecutors of Western Balkans within the
CARDS program as well as European program on cooperation of
Prosecutors (CPGE) and the network for cooperation of
judiciary of European Union EUROJUST. It is worth mentioning
that the BiH State Prosecutor's Office signed a memorandum of
understanding with all prosecutor's Offices in the region
(Albania, Macedonia, Serbia, Croatia, and Montenegro) to
cooperate closely in repressing, investigating and
prosecuting perpetrators of organized crime, criminal groups
and criminal associations.

-- H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting

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period, and the number of trafficking extraditions pending.
In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.

Extradition of non-citizens is permitted, but there were no
extraditions of traffickers during the reporting period, nor
were any extraditions requested. 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.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

On December 18, 2007 members of the RS Ministry of Interior
arrested nine persons from Derventa and Prnjavor suspected of
human trafficking. This case involved the forced
prostitution of three juvenile girls from Derventa and
Prnjavor municipalities in the RS. Among those arrested were
two employees of the Derventa Center for Social Welfare and
the Director of the Derventa Technical High School. The
trafficking case was opened after one of the victims came
forward. One of the victims has alleged that one of the men
she was forced to have sex with is Derventa Mayor Milorad
Simic, who has denied the accusations. At the end of the
reporting period, the case was still being investigated by
the BiH State Prosecutor's Office and two of the nine
individuals arrested were in police custody. The case was
ongoing at the end of the reporting period.

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.

-- J. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What sentence(s)
was imposed? Please specify if officials received suspended
sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.

To date there have been only a few documented cases of
official involvement in trafficking, and no official
indictments have been made.

-- K. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in countries with federalist systems, prostitution
laws may be under state or local jurisdiction and may differ
among jurisdictions.

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 in
both the RS and the Federation, and such laws are frequently
used to prosecute brothel owners and some traffickers. The
maximum penalty for pimping is 15 years' imprisonment if the

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victim is a minor; five years if the victim is an adult.

-- L. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.

BiH has less than a hundred troops employed abroad as part of
a peacekeeping mission and there have been no reports of any
member engaging in or facilitating trafficking in persons.
However, during the reporting period, the State Ministry of
Defense, in cooperation with the OSCE, began a further
training program for peacekeepers and their commanders,
familiarizing them with ways to identify trafficking,
responsibility to report trafficking, and relevant laws
prohibiting trafficking.

-- M. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?

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.

During the reporting period, BiH authorities, including 10
prosecutors' offices at different levels of government,
cooperated in "Operation Sledgehammer," an inter-agency
effort to combat dissemination of child pornography. Two
major raids were conducted as a result of this operation.
The cases were ongoing at the end of the reporting period.


5. (SBU) Paragraph 26:

PROTECTION AND ASSISTANCE TO VICTIMS
--------------

-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

A person identified as a TIP victim through the government's
screening and referral process is eligible for a humanitarian
visa for a legal, temporary stay in BiH. Prior to requesting
such a visa, victims are permitted a 30-day "reflection
period," recently lengthened from the previous 15-day
allowance. During the reporting period, two TIP victims
requested residence permits on humanitarian grounds. Both
these requests were approved.

-- B. Does the country have victim care facilities (shelters
or drop-in centers) which are accessible to trafficking
victims? Do foreign victims have the same access to care as
domestic trafficking victims? Where are child victims placed
(e.g., in shelters, foster care, or juvenile justice
detention centers)? Does the country have specialized care
for adults in addition to children? Does the country have
specialized care for male victims as well as female? Does
the country have specialized facilities dedicated to helping
victims of trafficking? Are these facilities operated by the
government or by NGOs? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period.

The State Coordinator's Office oversees shelter management
and ensures that NGOs meet agreed-upon standards in providing

SARAJEVO 00000181 011.2 OF 015


victim assistance. The Ministry of Security, through a
memorandum of understanding, delegates victim assistance to
six local NGOs that provide shelter, medical and
psychological assistance to both domestic and foreign TIP
victims throughout the country. The six NGOs (La Strada,
Medica Zenica, Forum of Solidarity, Lara, Zena s Une, and
Zena BiH) run seven shelters located in Mostar, Sarajevo,
Banja Luka, Doboj, and Bijeljina. Each shelter has a
part-time psychologist on staff. The local NGO "Vasa Prava"
has a memorandum of understanding with the Ministry of
Security and provides pro bono legal assistance to
trafficking victims housed in NGO shelters immediately upon
their placement in the shelter. Health care is provided
either at the shelters by visiting medical professionals or
at local clinics and hospitals. One local NGO has a pilot
reintegration program offering vocational training and
counseling to domestic TIP victims. The State Ministry of
Human Rights and Refugees has committed funds for
re-integration and rehabilitation of victims, which NGOs may
also apply for in relation to the total number of victims
they assist.

-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided was in-kind, please
specify exact assistance. Please specify if funding for
assistance comes from a federal budget or from regional or
local governments.

The state-level (federal) government provides assistance to
the six NGOs who run shelters to help subsidize the cost of
shelter operations. During the reporting period, the
government disbursed approximately $133,333 (200,000 KM) for
the State Coordinator's Office to support shelters providing
victim assistance.

Additionally, the government allocated approximately $30,000
(45,000 KM) to the Ministry of Human Rights and Refugees to
support a reintegration and health care fund for domestic
victims of trafficking.

The government of BiH, through the State Anti-Trafficking
Coordinator's Office, funded operation of a TIP hotline by
the NGO La Strada. The hotline, reachable through BiH via a
"short dial" four-digit number, allows easy access by TIP
victims to immediate assistance.

See also response to item 26.B.

-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.

A person identified as a TIP victim through the government's
screening and referral process is eligible for a humanitarian
visa for a legal, temporary stay in BiH. During the
reporting period, nine TIP victims requested residence
permits on humanitarian grounds. Eight of these requests were
approved and one was still under consideration at the end of
the reporting period.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

Yes, there are seven shelters located throughout BiH,
operated by six NGOs, which receive funding from the Ministry
of Security and the Ministry of Human Rights and Refugees on
a per-victim basis. There is no established limit to the
time a victim may spend in a shelter. Post is aware of one
victim remaining in a NGO-run shelter for more than five
years. See item 26.G.

-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by

SARAJEVO 00000181 012.3 OF 015


law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?

Yes, and this referral mechanism is used in practice. See
item 26.G.

-- G. What is the total number of trafficking victims
identified during the reporting period? Of these, how many
victims were referred to care facilities for assistance by
law enforcement authorities during the reporting period? By
social services officials? What is the number of victims
assisted by government-funded assistance programs and those
not funded by the government during the reporting period?

The State Anti-Trafficking Coordinator's Office reports a
total of 29 trafficking victims during the reporting period.
During the reporting period, 22 victims received assistance
in shelters. All victims receiving assistance in shelters
benefited from government funding. All foreign victims were
referred to shelters by the State Agency for Foreigners. One
domestic victim was referred by a law enforcement agency,
while all remaining domestic victims were referred by the
Centers for Social Welfare, in many cases at the
recommendation of the OSCE.

-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? For
countries with legalized prostitution, does the government
have a mechanism for screening for trafficking victims among
persons involved in the legal/regulated commercial sex trade?

The government and NGOs have developed and signed a formal
referral mechanism for screening, identifying and assisting
foreign victims. Police and SBP 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. During the
reporting period, the government identified 29 victims of
trafficking through the referral mechanism.

-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?

The rights of victims are respected. If screening
established that a person was a trafficking victim, the
victim was taken to a shelter and authorities did not
prosecute that person for immigration or prostitution
violations, nor did authorities detain or jail victims. The
Law on Movement and Stay of Aliens provides for the granting
of a temporary humanitarian visa to TIP victims. During the
reporting period, the length of stay for a humanitarian visa
was lengthened from three to six months.

If a person 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. The BiH
Criminal Procedure Code allows detention for up to six hours
for questioning. This limit is generally respected in
practice.

Police officials generally presume that detainees are TIP
victims if there is any evidence to support this conclusion,
and they are referred to shelters for additional evaluation.
Bosnia's immigration detention facility is still under
construction, though phase one of construction has been
completed, and the shelter now has a capacity of 40 beds.
However, in most cases, foreign victims were voluntarily
repatriated. Persons determined by law enforcement not to be
trafficked victims can be subject to deportation and/or
(occasionally) prosecution for immigration and other
violations.


SARAJEVO 00000181 013.2 OF 015


-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?

The government encourages victim-witnesses to testify against
their traffickers. At this time, about a quarter of victims
actually testify. A number of prosecutors have worked
extensively with victims to develop cases. SIPA reports nine
trafficking victims agreed to testify in court proceedings
against traffickers. However, there was no further
information available on the number of victim witnesses
assisting in other ways in the investigation and prosecution
of traffickers during the reporting period, but there were
victims who assisted these efforts.

Victims can file civil suits against their traffickers for
medical expenses, lost wages or pain and suffering 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
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. Legislation extending the humanitarian visa from
three to six months was enacted during the reporting period.

-- K. Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period? Please
explain the type of assistance provided (travel documents,
referrals to assistance, payment for transportation home).

The government provides extensive 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
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, including La Strada and Catholic Relief
Services (CRS),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. There were no
reliable estimates on the number of trafficking victims
assisted by host country embassies or consulates, but this
number was believed to be low since the majority of native
Bosnian victims were trafficked within the country's borders.

-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?

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

SARAJEVO 00000181 014.2 OF 015


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. There is also a program 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.

-- M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?

The following international organizations work on a variety
of antitrafficking efforts encompassing prevention,
protection and prosecution: International Organization for
Migration (IOM),Catholic Relief Services (CRS),CARE, Save
The Children Norway, the Organization for Security and
Cooperation in Europe (OSCE),USAID, Norwegian People's Aid,
the Government of Italy, La Strada Network, and Emmaus
International.


6. (SBU) Paragraph 27:

PREVENTION
--------------

-- A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s),including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal. End
Note.)

The government continued antitrafficking education campaigns
during the reporting period. For part of the reporting
period, the State Coordinator partnered with CRS to work on
anti-trafficking education issues, with support from the U.S.
Embassy. In 2007, the government partnered with the
International Organization for Migration (IOM) to conduct a
public campaign targeting 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. Local NGOs also continued to work on public
awareness campaigns targeting youth and the Romani community
on a regional basis.

-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?

Yes the government of BiH, through the State Border Police,
monitors immigration/emigration patterns for evidence of TIP.
Virtually all SBP 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, including posters at
ports of entry to BiH. The SBP 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 reporting period, 55 persons were identified as
victims of alien smuggling. SIPA reports all these persons
were intended to be smuggled to Western Europe. 23 were
citizens of Albanian; 14 of Serbia; and nine of Turkey.
During the reporting period, there were 57 reports on the
criminal act of human smuggling (under article 189 of the BiH
criminal code),involving 137 persons. Six additional

SARAJEVO 00000181 015.2 OF 015


reports were submitted under article 250 of the criminal code
of BiH (related to organized crime),involving 59 persons.
These numbers represent a decrease in the total number of
smuggling cases reported from past years (539 cases in 2007,
and 331 in 2006). The government, in addition to measures
meant to strengthen antitrafficking programs, is also
actively providing training programs to specifically counter
the trend in alien smuggling which has links to trafficking
in persons.

-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

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. During the
reporting period, however, BiH adopted a National
Anti-Corruption Strategy. A portion of this strategy relates
directly to the fight against public corruption. SIPA also
has units that focus on trafficking, 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. SIPA's newly-formed
trafficking units have neared full staffing levels, and plan
to eventually take over the coordination and communication
work of the Strike Force, as envisioned by BiH government
plans.

-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?

In late 2007, the government drafted a new, five-year
National Action Plan to cover 2008-2012 (the second such plan
for BiH). The new plan clearly establishes operational
measures and objectives in the areas of: systematic support,
prevention, victim (and victim witness) protection and
assistance, criminal prosecution and international
cooperation. The plan also delineates the responsibilities of
various institutions, including the government, NGO and
international communities and establishes a time frame for
implementation, sources of funding and indicators for
success. The Ministry of Human Rights and Refugees, the
Ministry of Justice, the Ministry of Security, the Ministry
of Foreign Affairs, the State Border Police and the BiH State
Prosecutor's Office helped to develop the Action Plan. NGOs
working on combating trafficking were also consulted during
the drafting process and had an opportunity to provide input
on the new plan. The new National Action Plan was published
and distributed to all local antitrafficking NGOs and
relevant government institutions along with the State
Coordinator's 2007 TIP report for BiH.

-- E. What measures has the government taken during the
reporting period to reduce the demand for commercial sex acts?

With the exception of public prevention campaigns (including
the secondary school program) mentioned elsewhere in this
submission, there are no specific programs targeting the
demand for commercial sex acts. BiH law enforcement agencies
have consistently undertaken actions to police "night bars"
and other suspected locations of illegal prostitution over
the past several years.

-- F. What measures has the government taken during the
reporting period to reduce the participation in international
child sex tourism by nationals of the country?

Sex tourism has not been identified as a problem in BiH or by
nationals of BiH.
ENGLISH