TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT FOR KOSOVO

UNCLAS SECTION 01 OF 24 PRISTINA 000077



SENSITIVE

SIPDIS



DEPT FOR G/TIP, G-Laura Pena, EUR, EUR/SCE, DRL, INL, PRM, EUR/PGI



E.O. 12958: N/A

TAGS: PHUM, KTIP, KJUS, EAID, KDEM, KCRM, KWMN, SMIG, KFRD, ASEC,

PREF, ELAB, KMCA, KV

SUBJECT: TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT FOR

KOSOVO



REF: STATE 132759



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1. (SBU) SUMMARY: Embassy Pristina's submission for the Tenth

Annual Trafficking in Persons (TIP) Report follows. From 1999 to

2008, Kosovo was administered by the United Nations Interim

Administrative Mission in Kosovo (UNMIK) under the authority of UN

Security Council (UNSC) Resolution 1244. On February 17, 2008, the

Kosovo Assembly declared Kosovo's independence. On June 15, 2008,

Kosovo's constitution entered into force; from that point the

Government of Kosovo (GOK) assumed full responsibility for the

country's civil administration and increasing responsibility for law

enforcement, including anti-TIP efforts. The European Union's

Rule-of-Law Mission in Kosovo (EULEX) began operations in December

2008 and replaced UNMIK rule-of-law structures throughout the

country. EULEX provided advice, mentoring, and monitoring to Kosovo

rule-of-law institutions during the reporting period and possessed

limited executive authority. The GOK, with limited resources,

demonstrated the political will and social commitment to address

trafficking, and took positive steps to prevent trafficking,

prosecute traffickers, and provided assistance to Victims of

Trafficking (VOT). Kosovo's unique political situation, which

restricts the effectiveness of law enforcement institutions in the

northern portion of the country, constrained police from combating

trafficking in minority Serb communities. Cooperation with

international police networks is incomplete due to the fact that not

all of Kosovo's neighbors recognize the country's independence.



2. (SBU) SUMMARY CONT: Kosovo possesses one of the more

sophisticated and progressive anti-trafficking legal frameworks in

the region, and law enforcement institutions did a good job of

applying the law. During the rating period, the GOK assisted 29

victims of trafficking; the judiciary worked on 31 cases of

suspected trafficking which resulted in 22 convictions. The GOK

supported educational programs from secondary school to university

education levels designed to inform and prevent trafficking in

persons. The Kosovo Police (KP) continued its program of

instruction to new recruits on identification and proper treatment

of suspected trafficking victims. Of particular significance, the

GOK's work with shelters for VOT was noteworthy: the GOK partially

funded two and wholly funded a third. In January 2010, the GOK,

seeking to improve coordination and effectiveness of its police

anti-TIP efforts, centralized the Trafficking in Human Beings

Section, and upgraded it to Department status. This action promises

to improve the coordination and effectiveness of the KP. Challenges

remain, and the GOK must intensify its anti-TIP efforts over the

coming year. The KP must increase its focus on reducing demand by

raiding brothels and arresting traffickers and clients. Prosecutors

must aggressively work towards convicting them in court. The

National Anti-Trafficking Coordinator (NATC) must ensure that the

database to track victims and their traffickers is properly

utilized. Finally, the GOK must make greater efforts towards

educating civil society about TIP. END SUMMARY



Question 25A: What is (are) the source(s) of available information

on human trafficking? What plans are in place (if any) to undertake

further documentation of human trafficking? How reliable are these

sources?



3. (SBU) The sources of available information on trafficking in

persons came primarily from VOT assisted and identified by the KP

Trafficking in Human Beings Section (THBS),international

organizations such as the International Organization for Migration

(IOM),the NGO Terre Des Hommes (TDH),and shelters.



4. (SBU) Efforts to improve documentation of VOT were ongoing. In

2008, the International Center for Migration Policy Development



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(ICMPD) donated a computer and associated software system to the GOK

to track VOT from identification through repatriation or

rehabilitation. The system was also able to track arrested

traffickers through each stage of the criminal system. Throughout

the year, the National Anti-Trafficking Secretariat struggled to

obtain the necessary data from various branches of the GOK. On

January 29, the Secretariat signed MOUs with the Kosovo Judicial

Council, Ministry of Justice, Ministry of Internal Affairs, and KP

designed to improve the flow of information.



5. (SBU) Detailed, reliable statistics were difficult to collect and

often misleading because organizations active in counter-trafficking

efforts relied on different definitions of trafficking, employed

uneven statistical analyses, and overlapped in data collection.

There was no single data collection point for all TIP stakeholders.

Statistics on trafficking came primarily from trafficking victims

whom the police or IOM identified or came to social workers'

attention. Many victims were never identified due to social stigma

and the hidden nature of the crime.



Question 25B: Is the country a country of origin, transit, and/or

destination for men, women, or children subjected to conditions of

commercial sexual exploitation, forced or bonded labor, or other

slave-like conditions? Are citizens or residents of the country

subjected to such trafficking conditions within the country? If so,

does this internal trafficking occur in territory outside of the

government's control (e.g. in a civil war situation)? From where

are people recruited or from where do they migrate prior to being

subjected to these exploitative conditions? To what other countries

are people trafficked and for what purposes? 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)?



6. (SBU) Kosovo remained a source, transit point, and destination

for trafficked persons. Internal trafficking remained a problem.

The KP, IOM, and the majority of other government agencies,

international organizations, and NGOs reported that most of the

identified victims were women and girls trafficked for the purpose

of sexual exploitation. TDH identified 304 child victims trafficked

for begging purposes during the reporting period. TDH's numbers

marked the only significant change in the TIP situation.



7. (SBU) Overwhelmingly, foreign and local older minors (16-17 years

old) and adult VOT were trafficked to Kosovo as their final

destination and for the purposes of sexual exploitation. Only one

case of labor exploitation was confirmed during the reporting

period. On February 5, Kosovo Border Police discovered an Albanian

woman, age 20, trying to enter Kosovo on false travel documents.

Further investigation revealed the victim was going to be exploited

to work as a waitress in a coffee shop in Prizren. The KP arrested

two Albanian women, one of them the owner of the coffee shop, on

trafficking charges. They remain in pre-trial detention. TDH

reported that large numbers of foreign and local children (under

fifteen years old) were trafficked to and within Kosovo for begging.

Neither the KP nor the IOM uncovered any cases of VOT transiting

through Kosovo, but both suspected it existed. The Turkish male

trafficked to Kosovo for organ harvesting in December 2008 remained

the only known case of trafficking for illegal medical practices.



8. (SBU) Kosovo Police speculated that internal trafficking could

occur in the northern part of Kosovo, a region above the Iber/Ibar

River and beyond the government's effective control. The KP was one

of the few GOK organizations operating in Kosovo Serb areas, but

because the police did not have a THBS office in the northern part

of Kosovo, only limited information exists on the extent of the TIP



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problem in the northern part of Kosovo. Underlying political

tensions have made it difficult for the KP to recruit any Kosovo

Serb police officers for the THBS, which operated throughout the

southern part of Kosovo. The KP reported that it advertised

positions in the anti-trafficking unit in Serbian but did not

receive any applications. Without a Kosovo Serb officer, the KP was

unable to mount undercover operations or gain an accurate picture of

TIP issues in Kosovo Serb communities. International organizations

also had a limited presence in the northern part of Kosovo. The IOM

closed its branch office in the northern part of Mitrovica in 2009.

Anecdotal reports indicated VOT may have transited through the

northern part of Kosovo en route to Serbia and Montenegro.



9. (SBU) KP and IOM statistics illustrated trafficking trends for

adult and older minor VOT. During the reporting period, the KP

identified 29 trafficking victims: 18 Kosovo Albanian women and 11

foreign female victims. Of the foreign victims, six were from

Moldova, five were from Albania, one was Bulgarian, one was Serbian,

and one refused to reveal her country of origin. Eight trafficking

victims were minors: five Kosovo Albanians, one Kosovo Serb, and two

Albanian. From February 2009 to February 2010, the IOM reported

eight foreign VOT: six from Moldova, one from Albania, and one from

Serbia. All were women trafficked for the purpose of sexual

exploitation. The Albanian VOT was a minor. The IOM reported 33

internal VOT: 32 women, and one Kosovo Roma boy, a minor. Of the

women, 29 were Kosovo Albanian, two were Kosovo Roma, and one was a

Kosovo Bosniak. Fourteen were minors. The Roma minor and his

sister were exploited to commit thefts; the others were exploited

sexually. IOM reported that 2009 was the fourth year in a row in

which it assisted more internally trafficked than foreign victims in

Kosovo.



10. (SBU) The VAAD reported assisting 23 victims of trafficking in

2009, 12 of whom were internally trafficked. VAAD noted that all

the internally trafficked victims were Kosovo Albanians. Of the

foreign victims, seven were from Moldova, two were from Albania, one

came from Serbia, and one was from Slovakia. All the victims were

female. Four victims were minors: two internally trafficked Kosovo

Albanians, one foreign VOT from Albania, and one Serbian.



11. (SBU) During the reporting period, TDH reported it identified 82

child VOT from Albania and 222 internally trafficked VOT. Of the

foreign victims, 52 percent were Albanian Roma, 32 percent Albanian

Egyptian, and 16 percent Albanian. Ages ranged from two to 15 years

old. Fifty-seven of the victims were boys, and 23 were girls. Of

the domestic victims, 81 percent were Kosovo Roma, Egyptian, or

Ashkali, and 19 percent were Kosovo Albanians. Ages ranged from 1

to 15 years old. One hundred and forty-seven were boys; 75 were

girls. From February 14, 2008 to February 13, 2009, TDH identified

16 child VOT from Albania and 183 internally trafficked victims.

The foreign victims were 50 percent Albanian Roma, 32 percent

Albanian Egyptian, and 19 percent Albanian. Ages ranged from less

than a year to 15 years old. Eleven were boys; five were girls. Of

the domestic victims, 81 percent were Kosovo Roma, Egyptian, or

Ashkali, and 19 percent were Kosovo Albanians. Ages ranged from 1

to 15 years old. One hundred and nine were boys, 74 were girls.



12. (SBU) TDH estimated that of the foreign VOT, approximately half

were deported back to Albania and returned the next day. TDH had

more success with internally trafficked VOT and returned 120

victims to their families. (Note: TDH's numbers were vastly higher

than any other organization reported. The IOM expressed skepticism

about the accuracy of TDH's data, arguing that the children were

more likely to be victims of child labor law violations than actual

VOT. TDH attributed its ability to identify child VOT to an

aggressive identification campaign ran year-round, with seven



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three-person teams constantly deployed throughout Kosovo. End

note.)



13. (SBU) From 1999 through December 31, 2009, the IOM assisted 630

mainly international victims of trafficking. Moldovans accounted

for 51 percent of the victims, followed by about 19 percent from

Romania, 13 percent from Ukraine, seven percent from Albania, six

percent from Bulgaria, one percent from Russia and Serbia, and less

than one percent from Nigeria and Slovakia. The majority of foreign

victims were between the ages of 18 and 25 years. Internal VOT were

typically between 16 and 18. IOM reported that almost 82 percent of

the victims from Kosovo were internally trafficked. IOM, like the

KP and other NGOs and international organizations, lacked sufficient

information to determine what countries Kosovo Albanians were

trafficked to and for what purpose.

Question 25C: To what kind of conditions are the trafficking victims

subjected?



14. (SBU) There was disagreement among TIP organizations, including

the KP and international organizations like the Organization for

Security and Cooperation in Europe (OSCE) and IOM, regarding the

conditions trafficking victims face. The KP reported traffickers

have changed their methods of controlling VOT, favoring

psychological pressure over physical abuse. The KP stated that

traffickers allowed victims some freedom of movement, acceptable

living conditions, and a portion of their earnings. The KP did not

see any evidence that rape was a method of control or punishment in

2009. The KP reported that foreign victims typically lived in or

adjacent to the bars and nightclubs where they worked; internal VOT

lived in or near the coffee shops, restaurants, or the hotels that

employed them.



15. (SBU) The OSCE and IOM disputed the KP's description, stating

that traffickers still used violence to control VOT, confiscated

passports, permitted victims only limited trips into town under

careful escort, and allowed VOT a share of the earnings only after

the victims had fully paid their 'debt' to the trafficker. Both

organizations reported rape was sometimes used by traffickers to

control and punish victims. Neither the OSCE nor the IOM saw

evidence of a difference between the work places of foreign and

domestic VOT. All saw evidence of wire transfers from foreign

victims to their families back home.



16. (SBU) Counter-trafficking organizations continued to report that

traffickers were shifting the commercial sex trade into private

homes and escort services to avoid detection, a result of the KP's

frequent bar and restaurant checks, as well as changing client

demand. KP reported that traffickers were asking that clients pay

the women directly so it looked more like prostitution than

trafficking if they were caught.



17. (SBU) TDH reported that child VOT tended to live with the

trafficker who was responsible for their care. Reportedly, the

traffickers did not treat child VOT well. The children were beaten

at times, and when ill, were not always permitted to receive medical

help because sick children could collect more money. Victims

typically worked ten to 12 hour days begging for money. They were

typically stationed in one spot for hours while the trafficker

observed them from a nearby location and collected the money

throughout the day. Boys were more often forced to wash car

windshields at traffic lights, while girls were compelled to beg for

money at hotels and restaurants. TDH reported that child victims

were generally unnoticed by the KP and, when noticed, were often not

treated well.



Question 25D: Vulnerability to TIP: Are certain groups of persons



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more at risk of human trafficking (e.g. women and children, boys

versus girls, certain ethnic groups, refugees, IDPs, etc.)? If so,

please specify the type of exploitation for which these groups are

most at risk (e.g. girls are more at risk of domestic servitude than

boys).



18. (SBU) Adult and older minor victims in Kosovo continued to be

almost exclusively women. Foreign VOT come from Eastern Europe and

the Balkans. Victims were overwhelmingly trafficked for purposes of

sexual exploitation. (Note: See paragraphs six through 13 for a

detailed description of VOT statistics. End note.) The KP, IOM,

and others involved in counter-trafficking work in Kosovo believed

that most victims were young women from families with a high level

of poverty, unemployment, and illiteracy. IOM statistics for the

period June 1 to December 31 indicated that six percent of local

victims were not enrolled in school, 54 percent attended primary

school, 15 percent attended elementary school (ninth grade),and 24

percent attended secondary education (high school). None attended

or completed university. TDH reported that child VOT -- both

internal and foreign -- were exploited for begging purposes, and

tended to be from under-educated and financially desperate families



19. (SBU) Foreign victims tended to be 18 to 24 years old, while

internal victims were generally 16 to 18 years old. IOM records

indicated that traffickers most often recruited poor women and girls

from rural villages and small cities where economic opportunities

were limited. According to IOM, traffickers particularly targeted

those who had sick family members or were from abusive families.

Trafficked minors tended to be locals from dysfunctional, possibly

abusive families. They were sometimes orphans.



Question 25E: 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 gain direct access to

victims? For example, are the traffickers recruiting victims

through lucrative job offers? Are victims sold by their families,

or approached by friends of friends? Are victims "self-presenting"

(approaching the exploiter without the involvement of a recruiter or

transporter)? If recruitment or transportation is involved, what

methods are used to recruit or transport 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?



20. (SBU) There was disagreement among people working in the

counter-trafficking field regarding the background of traffickers.

The KP and OSCE believed organized crime elements -- working in

small groups and recruiting through personal contacts -- were mostly

responsible. The KP believed Kosovo Albanian and Kosovo Serb

organized crime elements collaborated in the trafficking of women,

but there was no hard evidence. The IOM and TDH disputed the

involvement of organized crime. They reported that the traffickers

worked in small groups and through personal contacts. There were

reports that some traffickers were former trafficking victims who

returned to their countries of origin to recruit new victims. In

2009, the KP arrested 31 men and three women on trafficking charges;

the majority were Kosovo Albanians.



21. (SBU) The KP and IOM reported that the vast majority of

trafficking victims stated that someone they knew recruited them

with a false job offer, false travel arrangements, or false promise

of marriage. The OSCE believed that many VOT were introduced to

traffickers through family or friends. OSCE said that there was no

evidence VOT were sold by their families. There were no reports of

self-presenting VOT. The IOM reported that of the 630 mainly



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international victims it assisted between 1999 and December 2009, 72

percent fell prey to traffickers after accepting a bogus job offer

abroad, eight percent were deceived through false travel

arrangements, and two percent were promised marriage. IOM records

indicated that some recruiters were female.



22. (SBU) The KP reported that most trafficking victims entered

legally. Few used false documents. The majority of trafficking

victims possessed valid passports and employment contracts for work

as waitresses and dancers. The contracts were registered by Kosovo

law firms and stamped by municipal authorities. According to the

KP, some victims received pay only for performing sexual services

and not for the work stated in their employment contracts. The KP

also reported that in some cases, the girls were only paid through

collecting a portion of the money clients spend on drinks with them.

IOM also said that most victims had their documents in order, but

they still found some cases of victims coming to Kosovo on false or

expired documents.



23. (SBU) The KP reported that many victims arrive via Pristina

Airport, especially if they were not from a country bordering

Kosovo. The KP stated that employment, travel, tourism agencies,

and marriage brokers were generally not involved. The majority were

promised jobs in coffee bars, night clubs, restaurants, and hotel

massage parlors.



24. (SBU) TDH reported that in most cases, traffickers took child

VOT with the permission of their parents, who collected a percentage

of the earnings. TDH noted this could be their only source of

income. (Note: The Center for the Protection of Women and Children

(CPWC) also reported that in some cases, family members were

traffickers. End Note.) Traffickers were mostly male relatives,

but recruiters tended to be female. According to TDH, traffickers

operated independently and were not linked to organized crime. TDH

noted that crossing from Albania to Kosovo was very easy; children

were trafficked across the border mostly because Kosovo used the

Euro currency, allowing children to collect far more money than they

could have in Albania.



Question 26A: Does the government acknowledge that human trafficking

is a problem in the country? If not, why not?



25. (SBU) The GOK acknowledged that human trafficking was a problem

and demonstrated the political will to address it. The GOK reported

an 80 percent completion rate for all TIP activities required by the

Kosovo Action Plan (KAP) in 2009. The NATC continued the

Inter-Ministerial Working Group on trafficking in persons and

regularized their meetings. Additionally, the NATC supported the

efforts of three working groups to tackle prevention, protection,

and prosecution. The fourth working group, intended to focus on

trafficking in children, did not meet in 2009. The GOK also

conducted training sessions and anti-trafficking campaigns with its

own resources and at times with the support of NGOs and

international organizations. According to the IOM, the GOK was

adequately combating trafficking.



Question 26B: Which government agencies are involved in efforts

to combat sex and labor trafficking -- including forced labor --

and, which agency, if any, has the lead in these efforts?



26. (SBU) The NATC had the lead on anti-trafficking work. Other

agencies involved in counter-trafficking work included the Ministry

of Education and Technology; the Ministry of Culture, Youth and

Sports; the Ministry of Justice; the Ministry of Labor and Social

Welfare (MLSW); the Ministry of Public Services; the Ministry of

Local Government and Administration; the Ministry of Finance; the



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Ministry of Trade and Industry; and the Ministry of Communities and

Returns. International organizations and NGOs also played active

roles in counter-trafficking efforts in Kosovo.



27. (SBU) Kosovo also had an Inter-Ministerial Working Group on

trafficking issues, chaired by the NATC. The GOK tasked the

Inter-Ministerial Working Group with implementing and monitoring the

Kosovo Action Plan. It included members of the GOK, international

organizations, and local NGOs. Additionally, the Inter-Ministerial

Working Group had sub-working groups on prevention, protection,

prosecution. Their work continued during the reporting period.



Question 26C: What are the limitations on the government's

ability to address these problems 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?



28. (SBU) The hidden nature of the problem, reluctance of witnesses

to come forward, lack of resources, porous borders, and inadequate

training of judges and prosecutors hindered the GOK's ability to

address the trafficking problem. The IOM emphasized that the

absence of a witness protection program was a serious impediment to

convincing victims and witnesses to testify against traffickers in

court. The KP disputed this. Unlike in previous years, the KP

reported improved cooperation and information sharing within the

counter-trafficking community. Some interlocutors believed

corruption was a problem, particularly at the borders. Low salaries

for local law enforcement officials and a still-developing

rule-of-law system created conditions that made corruption a

concern. There were signs of improvement: Transparency

International's 2009 Global Corruption Barometer reported that that

only 13 percent of Kosovo respondents reported paying a bribe to

obtain a service. In 2007, about 67 percent of Kosovo respondents

reported paying bribes. There was no 2008 report.



29. (SBU) Resources were scarce for all Kosovo government services.

KP operations also suffered from a lack of equipment. Donations

from the international community during the reporting period

partially alleviated this problem. The KP reported improved access

to funds for undercover operations. This enabled undercover

officers to operate more easily without detection by traffickers

when collecting information in bars and restaurants. In previous

years, undercover operatives often did not have the resources to

order food and drinks and were often identified as police.



30. (SBU) The KP reported myriad obstacles to fighting trafficking.

Traffickers were growing more sophisticated and were getting better

at making trafficking look like prostitution. Officers complained

that women or girls whom they suspected of being trafficking victims

often denied that they were victims, and the police suspected that

fear of the traffickers was to blame. The IOM argued that social

stigma and a lack of an effective victim rehabilitation program also

persuaded victims to remain silent.



31. (SBU) The KP's THBS was understaffed, with only 32 of its 38

officer positions filled. Eight officers worked at the Pristina

headquarters, and KP THBS had seven female officers stationed in

Pristina, Prizren, Peje, and south Mitrovica. The KP attempted to

recruit more female officers because of the advantage female

officers had in gaining the trust and confidence of female

trafficking victims.



32. (SBU) In prior years, a decentralized THBS found it difficult to

coordinate anti-trafficking police efforts and ensure the

cooperation of regional police officers. On January 27, the



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Director General of the KP signed an order centralizing the THBS and

promoting it from a Section to a Department. These changes will

enable the Trafficking in Human Beings Department to better use its

resources and combat trafficking more effectively.



33. (SBU) Another human resources problem was the lack of Kosovo

Serb officers in the anti-trafficking unit. The KP said it was

difficult for a Kosovo Albanian officer to mount a surveillance or

undercover operation in a suspected trafficking bar or restaurant in

a Kosovo Serb enclave, or in a Kosovo Serb majority area of northern

Kosovo. The KP reported that it continued its efforts to recruit a

Kosovo Serb officer and ran vacancy announcements in Serb

publications, but without result.



Question 26D: 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?



34. (SBU) The GOK monitored its anti-trafficking efforts and,

through the NATC in the Ministry of Internal Affairs (MOIA),was

willing to make information on its efforts available publicly or

privately. One method the NATC and his Anti-Trafficking Secretariat

used to monitor anti-trafficking programs was through monthly

Inter-Ministerial Working Group meetings open to some NGOs and

international organizations to coordinate efforts and share

concerns. A second method was the KP's yearly TIP report, which was

issued for the fourth consecutive year in 2010. The report analyzed

trends and described the trafficking situation in Kosovo.



35. (SBU) Not all international organizations and NGOs were

satisfied with the GOK's efforts. In private meetings, the IOM

stressed that the GOK suffered from a lack of effective

self-evaluation programs. Additionally, some international

organizations and NGOs reported greater difficulty in obtaining

cooperation from the government than in prior years. GOK offices

continued to cooperate openly with Embassy and most international

organizations in sharing information on trafficking. The KP

received particular praise from every international organization and

NGO -- without exception -- for its collaborative approach,

responsiveness to requests, and willingness to meet.



Question 26E: What measures has the government taken to establish

the identity of local populations, including birth registration,

citizenship, and nationality?



36. (SBU) The GOK took effective measures to establish the identity,

birth registration, citizenship, and nationality of residents in

Kosovo. All newborns were registered at hospitals and received high

quality birth certificates with multiple security features. At 16

years old, all Kosovo citizens are required to have biometric

identity cards, which record the person's personal details, as well

as a photo and index finger prints. The fingerprints are verified

against a central database to ensure that no one has multiple

identities. The GOK also issued secure passports which also possess

multiple security features.



Question 26F: To what extent is the government capable of

gathering the data required for an in-depth assessment of law

enforcement efforts? Where are the gaps? Are there any ways to

work around these gaps?



37. (SBU) The GOK was capable of gathering data for an in-depth

assessment of law enforcement efforts. The GOK had multiple

agencies and investigative bodies to monitor its performance and



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report on failures. They include the Kosovo Anti-Corruption Agency

(KAA) (see paragraph 59),the Police Inspectorate of Kosovo (PIK),

the Directorate for Internal Investigations (discussed in paragraphs

60-62),the Ombudsman, and parliamentary committees. The PIK did

not have a permanent director, and this affected its ability to

pursue investigations. Additionally, the KAA and Ombudsman did not

always receive sufficient support from the GOK. These gaps did not

prevent the KAA, PIK, or Ombudsman from carrying out their

responsibilities.



Question 27A: Does the country have a law or laws specifically

prohibiting trafficking in persons -- both 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?



38. (SBU) The Criminal Code of Kosovo (CCK) which came into effect

on April 6, 2004, covers internal and external trafficking,

including myriad activities related to trafficking. Its provisions

included Article 137 on slavery and forced labor, Article 138 on

smuggling of migrants, Article 139 on trafficking in persons,

Article 140 on withholding identity papers of trafficking victims,

Article 201 on facilitating prostitution, Article 183 on violating

employment rights, Article 193 on rape, Article 195 on sexual

assault, Article 196 on degradation of sexual integrity, Article 197

on sexual abuse of persons with mental or emotional disorders or

disabilities, Article 198 on sexual abuse of persons under the age

of 16, Article 236 on misuse of economic authorizations, Article 274

on organized crime, Article 303 on failure to report preparation of

criminal offenses, Article 304 on failure to report criminal

offenses or perpetrators of criminal offenses, Article 305 on

providing assistance to perpetrators after the commission of

criminal offenses, and Article 310 on intimidation during criminal

proceedings for organized crime.



39. (SBU) The CCK is sophisticated legislation for the region and

fully addresses trafficking and trafficking-related crimes. Some

believed it was under-implemented. Unlike in previous years, the KP

reported that prosecutors were much more aware of the legislation

and used it more effectively.



40. (SBU) There have been some unintended consequences of CCK

Articles that were meant to curb trafficking and protect victims.

For example, under UNMIK Regulation 2001/4, trafficking victims are

not required to testify against their exploiters in order to receive

assistance and are entitled to repatriation without delay.

Consequently, some victims leave Kosovo before their traffickers go

to trial. The KP noted that without such testimony, trials were

unlikely to result in conviction. The Law on Foreigners and the Law

on Granting Permits for Work and Employment of Foreign Citizens

require documentation from would-be workers in Kosovo. It helped

Border Police officers identify and curb trafficking at border entry

points, but the KP, international organizations, and NGOs reported

that it led traffickers to provide employment contracts for victims

to work as waitresses or dancers. Finally, Article 139 provides for

the prosecution of persons who knowingly use or procure the sexual

services of a victim of trafficking. This article punishes clients

of trafficking victims, but its deterrent effect was limited due to



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the difficulty in proving that a client knew he or she was procuring

the services of a trafficking victim. The IOM noted that this was a

significant failing in the law.



41.(SBU) No new anti-trafficking laws were passed during the

reporting period. Kosovo law permitted civil claims for criminal

offences and allowed compensation for material, emotional, or moral

damage. There were no non-criminal statutes specifically designed

to enable civil penalties against alleged trafficking crimes.

Question 27B: Punishment of Sex Trafficking Offenses: What are the

prescribed and imposed penalties for the trafficking of persons for

commercial sexual exploitation, including for the forced

prostitution of adults and the prostitution of children?



42. (SBU) CCK Article 139 on trafficking in persons provides for two

to 12 years imprisonment for engaging in trafficking in persons

(three to 15 years if the victim is a minor),seven to 20 years plus

a fine of up to 500,000 Euros ($692,352 USD) for organizing a group

to commit the offense, six months to five years for negligently

facilitating trafficking in persons, three months to five years for

procuring sexual services of a known trafficking victim (two to 10

years if the victim is under the age of 18),and three months to

five years for persons who knowingly use or procure the sexual

services of a victim of trafficking. If a person knowingly uses or

procures the sexual services of a victim of trafficking under the

age of 18, Article 139 mandates punishment of two to ten years

imprisonment.



43. (SBU) Public officials convicted of trafficking offenses are

subject to greater sentences. Under Article 139, when an official,

in the exercise of his or her duties, engages in trafficking in

persons, they will receive five to 15 years imprisonment. If

responsible for organizing a group to commit the offense, the

official will receive at least a ten year sentence, and, if

convicted for negligently facilitating trafficking in persons or

procuring sexual services of a trafficking victim, the official will

receive two to seven years imprisonment. If the VOT is a minor,

Article 139 requires the official receive five to 12 years.



44. (SBU) CCK Article 140 provides for punishment of one to five

years imprisonment for withholding identification documents of

victims of trafficking. If the perpetrator is an official in the

exercise of his or her duties, the punishment is three to seven

years imprisonment.



Question 27C: Punishment of Labor Trafficking Offenses: What are

the prescribed and imposed penalties for labor trafficking offenses,

including all forms of forced 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 compelled

service in the destination country? If your country is a

destination for labor migrants (legal/regular or illegal/irregular),

are there laws punishing employers or labor agents who confiscate

workers' passports or travel documents for the purpose of labor

trafficking, switch contracts without the worker's consent as a

means to keep the worker in a state of compelled service, or

withhold payment of salaries as means of keeping the worker in a

state of compelled service?

45. (SBU) CCK Article 137 on establishing slavery, slavery-like

conditions and forced labor provides for imprisonment of two to 10

years for general cases, three to 10 years if the perpetrator has a

domestic relationship with the victim, three to 15 years if the

victim is a child, and five to 12 years if the perpetrator is an

official (five to 20 years if the victim is a child).



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46. (SBU) Trafficking in persons for other than sexual exploitation

was rare in Kosovo, and statistics on imposed punishments for forced

labor and involuntary servitude did not exist. There were no

records of such cases ever being tried in Kosovo.



Question 27D: 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)



47. (SBU) CCK Article 193 covers rape and forcible sexual assault.

It provides for prison sentences of two to 10 years imprisonment for

rape (five to 20 years if the victim is under 16); three to 10 years

if the victim is unprotected or his or her security is in danger;

five to 15 years if the victim is tortured or injured or if a

dangerous weapon is used, if the perpetrator has caused the victim

to become intoxicated, if the offense is committed by more than one

person, or if the perpetrator knows the victim is vulnerable because

of age, a handicap, illness or pregnancy, or if the perpetrator has

a domestic relationship with a victim between the ages of 16 and 18;

and five to 20 years if the perpetrator has a domestic relationship

with a victim under the age of 16. If the victim dies, the minimum

sentence is 10 years in prison.



Question 27E: Law Enforcement Statistics: Did the government take

legal action against human trafficking offenders during the

reporting period? If so, provide numbers of investigations,

prosecutions, convictions, and sentences imposed, including details

on plea bargains and fines, if relevant and available. Please note

the number of convicted trafficking offenders 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). What were the actual punishments imposed on convicted

trafficking offenders? Are they serving the time sentenced? If not,

why not?



48. (SBU) In 2009, the KP arrested 31 men and three women on

trafficking charges. From January 1, 2009 through December 31,

2009, the Kosovo judiciary worked on 31 trafficking in

persons-related cases as defined by Article 139 of the CCK.

Twenty-four were unresolved cases from previous years. During 2009,

nine cases were completed involving 25 individuals. Twenty-two

received prison sentences: four received sentences over five years,

six over two years, five over one year, four received sentences

between six to 12 months, three received two to six months, and

three individuals were acquitted. None received fines or suspended

sentences. Two traffickers were serving their sentences (both

received over five year sentences). The remainder were at liberty,

pending appeal. In 2008, only 15 traffickers were convicted in the

24 cases heard.



49. (SBU) Limiting factors on effective prosecution included complex

and inefficient judicial system composed of both international and

local judges and prosecutors, and a weak witness protection system

that inhibited more extensive undercover operations. The IOM

emphasized that the absence of an effective witness protection

system was a serious impediment to convincing victims and witnesses

to testify against traffickers in court. The KP argued otherwise,

stating that no VOT or witnesses refused to testify in 2009 based on



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the lack of effective protection program. Victims returning to

their homes without testifying against their traffickers or refusing

to testify for other reasons also weakened prosecutions.



50. (SBU) There was little evidence to suggest that Kosovo was a

destination for forced laborers, other than TDH's reports on child

VOT. The KP reported that no forced labor cases came to its

attention in 2009.



Question 27F: Does the government provide any specialized training

for law enforcement and immigration officials on identifying and

treating victims of trafficking? Or training on investigating and

prosecuting human trafficking crimes? Specify whether NGOs,

international organizations, and/or the USG provide specialized

training for host government officials.



51. (SBU) The GOK provided training on recognizing and investigating

trafficking in persons to law enforcement and border police

officials. KP Training Department officers provided specialized and

Balkans-specific training to KP and Border Police recruits at the

Kosovo Center for Public Safety, Education, and Development

(KCPSED). During the reporting period, KP Training Department

officers at the KCPSED provided anti-TIP training to 62 police

recruits and officers. The KP THBS section, in cooperation with

NGOs and other government institutions, conducted three training

sessions at the KCPSED.

52. (SBU) A number of international and national training

organizations also provided comprehensive training programs on

trafficking in persons to the KP and social workers. The United

States Government embedded a Resident Legal Advisor in the Kosovo

Special Prosecutors Office (KSPO) in 2007. Among her duties were

training, monitoring, mentoring, and advising a prosecutor dedicated

to TIP cases. Nevertheless, many involved in counter-trafficking

work say that judges and prosecutors would benefit from more

training.



Question 27G: 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.



53. (SBU) The NATC reported good cooperation with some of his

counterparts in neighboring countries. Kosovo continued to pursue

international agreements combating TIP and participated in regional

fora when diplomatic conditions allowed. In 2009, the MOIA signed a

Memorandum of Understanding (MOU) with Macedonia to coordinate

QQB/ an ICMPD

National Anti-Trafficking Coordinator conference in October, along

with ten regional countries. The conference focused on exchanging

best practices.



54. (SBU) The GOK was still developing regional law enforcement

relationships since declaring independence in February 2008. Kosovo

was not able to join Interpol, Europol, or the Southeast European

Cooperative Initiative (SECI) due to some countries' resistance to

recognizing Kosovo's independence. (Note: The GOK sent

representatives under UNMIK's authority to the regional SECI

conference in 2009. End Note.) Kosovo cooperated with Interpol and

Europol during the reporting period and these competencies remained

under UNMIK's authority. The Ministry of Justice reported that in

2009, Kosovo processed thousands of requests for international legal

assistance from neighboring countries, approximately 50 of which

dealt with trafficking. The KP reported that it exchanged

information with regional countries on specific police cases in

2009. Additional regular working level meetings were held between



PRISTINA 00000077 013.4 OF 024





the KP and their counterparts in the Albanian, Macedonian, and

Montenegrin police departments.



55. (SBU) The KP reported five cooperative international

investigations of trafficking cases during the reporting period: two

with Serbia, one with Albania, one with Germany, and one with

Macedonia. KP officers reported good cooperation with their

Albanian counterparts with their Albanian, Croatian, Macedonian, and

Montenegrin counterparts.



Question 27H: 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 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.



56. (SBU) Prior to independence Kosovo was unable to enter into

formal extradition treaties because it lacked status as a sovereign

state. Instead, the UN Interim Administrative Mission in Kosovo

(UNMIK),which was responsible for administering Kosovo, possessed

the authority to enter into international agreements to transfer

Kosovo citizens to other countries on a case-by-case basis, and

extradite foreign nationals under UN Security Council Resolution

1244. During the reporting period, Kosovo continued to review its

treaty obligations and had not yet negotiated any new extradition

treaties. In October, the GOK assumed extradition competencies from

UNMIK. No persons were extradited for trafficking during the

reporting period, nor were there any extraditions pending. No

traffickers were extradited from Kosovo to the United States during

the reporting period.



Question 27I: Is there evidence of government involvement in or

tolerance of trafficking, on a local or institutional level? If so,

please explain in detail.



57. (SBU) There was evidence that individual government officials

could be involved in trafficking. For example, the KP reported that

foreign trafficking victims often arrived in Kosovo with valid

documents and employment contracts registered by local attorneys and

stamped by municipal authorities. They believed the attorneys and

local authorities could be aware that the girls were being

trafficked into Kosovo to work as prostitutes, despite the fact that

the traffickers were asking them to draft and register employment

contracts stating the girls will be waitresses or dancers.



Question 27J: If government officials are involved in human

trafficking, what steps has the government taken to end such

complicity? Please indicate the number of government officials

investigated and prosecuted for involvement in trafficking or

trafficking-related criminal activities 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.



58. (SBU) The GOK was aware that individual government officials

could be involved in trafficking and took steps to address this

concern. For example, on March 3, GOK authorities suspended five

police officers, with pay, on suspicion of abuse of authority, human

smuggling, and facilitating prostitution. Two of the officers

worked at the Pristina airport in coordination with the border

police. The others worked at the Office for Immigration and

Foreigners; all were in regular contact with known smugglers through



PRISTINA 00000077 014.2 OF 024





text messages. At year's end, the Special Prosecutor's Office had

completed its investigation and was preparing final indictments but

no arrests had been made.



59. (SBU) The GOK continued to tackle corruption. It established

the KAA and the Police Inspectorate of Kosovo (PIK) in July 2006,

and the KSPO in September 2006. The KAA began its operations in

February 2007. According to its head, Hasan Preteni, during the

reporting period, it submitted 31 corruption cases to EULEX

prosecutors, 19 cases to local prosecutors, and four cases to the KP

for further investigation.



60. (SBU) The PIK operated as an independent body under the Internal

Affairs Ministry and had a mandate to promote police efficiency and

effectiveness, hold police accountable for their actions, and

investigate alleged legal violations. The inspectorate forwarded

the results of investigations revealing violations to a disciplinary

committee for possible further action.



61. (SBU) During 2009, the PIK investigated 1,647 cases, of which

742 were citizen-initiated complaints and the remaining 905 were

initiated by the police. Of those cases, the inspectorate pursued

further investigation into 1,062 cases and turned 585 cases over to

the directorate for internal investigations. Court decisions were

pending in 155 cases. Of the 1,062 cases investigated, 465 were

allegations of serious police violations. Of the serious

violations, 22 percent were for serious cases of conduct unbecoming

a police officer, 17 percent involved allegations of inappropriate

use of force, nine percent involved criminal offenses, eight percent

were for serious insubordination, and two percent concerned

complaints of corruption. In early June the head of the

Inspectorate resigned, leaving the organization without a permanent

leader. No replacement was appointed.



62. (SBU) Additionally, the Directorate for Internal Investigations

investigated minor police offenses and imposed administrative

penalties for infractions. Between January and November, the unit

opened 821 cases, including investigations for minor insubordination

and damage or loss of police property. As of November, the

directorate completed 706 investigations, 438 of which were deemed

to have merit. The directorate closed five cases without

investigation due to insufficient evidence. Sanctions ranged from

decreased pay (eight cases) to verbal warnings (322 cases). One

hundred and fifteen cases remained under investigation.



63. (SBU) According to the KSPO, the EULEX Justice component

receives all trafficking cases, and then assigns cases to the KSPO.

The most complex and sensitive cases were handled under the tutelage

of international prosecutors. Eventually, Kosovo nationals at the

KSPO will take full responsibility for all cases. There were

currently six special prosecutors on staff with plans to add four

more. The KSPO also had ten legal officers. One prosecutor

specializing in TIP cases began work in February 2007 but did not

prosecute any TIP cases during the reporting period. The KSPO's

authorized strength was ten special prosecutors.



Question 27K: 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.



64. (SBU) Kosovo did not contribute troops to international

peacekeeping operations.





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Question 27L: 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?



65. (SBU) There was no evidence, anecdotal or otherwise, that child

sex tourism existed in Kosovo. On December 19, the KP, acting on an

international arrest warrant issued by Belgian authorities, arrested

and detained a suspected pedophile. On January 16, the Pristina

District Court extended the detention order for another two months.

As of January, the Ministry of Justice was preparing to extradite

him.



Question 28A: What kind of protection is the government able under

existing law to provide for victims and witnesses? Does it provide

these protections in practice?



66. (SBU) Protection and assistance to trafficking victims were

governed by the Standard Operating Procedures (SOPs) that were

designed with the help of UNMIK, international organizations, and

NGOs in 2006. The GOK further updated the procedures in October

2008 to include Transnational Referral Mechanisms (TRM) and

establish common procedures for communicating and interacting with

other countries. Both foreign and local VOT were eligible for the

same benefits, although foreign victims who wished to return to

their countries of origin also had a right to IOM repatriation

assistance. Under the SOPs for VOT, when police or social workers

suspected that someone was a trafficking victim, a KP officer must

call a victims' advocate from the Ministry of Justice Victims'

Assistance and Advocacy Division (VAAD),or if a minor, a

representative from the MLSW's Centers for Social Work (CSW) must be

present. Only then could the KP complete a Basic Data Form for the

victim. In general, the KP ensured the VAAD or CSW representative

was present when appropriate.



67. (SBU) Victims' advocates assisted trafficking victims with legal

advice and support from identification through reintegration.

Victims' advocates also gave victims information on legal rights,

administrative processes, and support services available to them.

In the case of minors, social workers from the CSW were required to

be present for any questioning of the victim. The CSW

representatives assisted minors from identification through

reintegration.



68. (SBU) If the KP determined that the person was a victim of

trafficking, and the victim agreed, they placed him or her in the

MOJ-run Interim Security Facility (ISF) for high-risk VOT until the

KP completed their risk assessment, typically about 72 hours. Low

to medium risk VOT were moved from the ISF to other shelters once

their risk assessment was completed. In 2009, the KP reported

placing 22 VOT at the ISF. If the victim was a child, police were

required to seek agreement from a representative of the CSW. On the

second or third day, IOM discussed repatriation options with foreign

victims. If the victim was from Kosovo, the IOM discussed

reintegration options. At that point, if the victim was not high

risk, he or she would normally go to a local NGO shelter to await

repatriation or social reintegration within Kosovo.



69. (SBU) UNMIK Regulation 2001/4 protects trafficking victims from



PRISTINA 00000077 016.2 OF 024





being charged with prostitution or illegal entry, as well as from

being deported. It also provides for review of requests for refugee

status and for approval of residency permits, if appropriate.

Victims who did not wish to accept assistance are released, but they

could be subject to re-arrest and deportation if they voluntarily

work as prostitutes. The KP reported there were no cases of this

happening in 2009.



Question 28B: Does the country have victim care facilities (shelters

or drop-in centers) which were 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.



70. (SBU) The country had nine victim-care facilities accessible to

VOT. Three of them sheltered the majority of VOT in Kosovo: the

ISF, the Center for the Protection of Victims and Prevention of

Trafficking in Human Beings (PVPT),and Hope and Homes for Children

(HAH). The ISF and PVPT specialized in assisting VOT. HAH also

sheltered victims of domestic violence. During 2009, the ISF

assisted 23 VOT; PVPT assisted eight; and HAH did not assist any

victims. CPWC assisted 17 VOT in its two shelters, all internally

trafficked. All trafficking victims -- foreign or interval -- were

accorded shelter and access to legal, medical, and psychological

services. Foreign victims received the same care as domestic

trafficking victims. Most medical and psychological services were

provided through the shelters.



71. (SBU) Child VOT were treated in accordance with the SOPs

described in paragraphs 66-69 and could take refuge at HAH, which

was designed solely for children and did not accept adults. Foster

care was an option for long-term care for child VOT. The two other

shelters, PVPT and the ISF, specialized in protecting adults. HAH

accepted boys until the age of 18. There were no shelters that

accepted men. The victim of organ trafficking identified in 2008

remained at Pristina University Hospital until he was repatriated.



72. (SBU) The ISF was the only government-run facility dedicated to

trafficking victims and was operated by the Ministry of Justice's

(MOJ). It provided high-security temporary shelter, medical care,

clothing, counseling, educational assistance, recreational

activities, and other services to victims while they considered

whether to be repatriated or waited to testify against traffickers

in criminal proceedings. There were no limitations on how long

victims could remain at the ISF or any of the shelters. In 2009, 23

victims (including 11 foreigners, two of whom were minors) stayed at

the ISF. It was supervised by Ministry of Justice Victims

Assistance and Advocacy Division (VAAD) staff and funded by the

Kosovo Consolidated Budget at a cost of 45,000 Euros ($63,603).



73. (SBU) PVPT and HAH provided the same services as the

government-run ISF, but they did not provide the same high level of

security. PVPT operated a rehabilitation center focusing on

long-term treatment designed to reintegrate VOT into ordinary life.

PVPT also ran a shelter with five beds. PVPT's rehabilitation

center and shelter served only VOT. Hope and Homes operates one

shelter, and, like many shelters in Kosovo, accepted both VOT and



PRISTINA 00000077 017.4 OF 024





domestic violence victims.



74. (SBU) HAH and PVPT were run by independent NGOs which received

significant government funding. In 2009, the GOK provided HAH 100

percent of its funding from January to July 2009 -- permitting the

shelter to remain open -- and 60 percent of its funding from July to

December, for a total of 80,861 Euros ($114,288 USD). PVPT received

22,066 Euros ($31,188 USD),or 20 percent of its budget from the GOK

in 2009.



75. (SBU) Shelters were insufficiently regulated, and the GOK does

not yet have minimum standards or regulatory requirements for

shelters. In spite of this, most shelters appeared to be

competently managed. The GOK was aware of the need for adequate

licensing requirements and, together with the IOM and other NGOs,

was in the process of establishing minimum standards and a licensing

regime for shelters throughout Kosovo.



Question 28C: 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.



76. (SBU) Through the ISF, PVPT, HAH and other shelters, the GOK

provided VOT with access to legal, medical, and psychological

services. Most shelters provided refuge, medical care, counseling,

educational assistance, recreational activities, and other services

to victims. KP officers performed risk assessments of all

trafficking victims. They referred the high-risk victims to the

ISF, a high security shelter that offers 24-hour protection. They

referred the low- and medium-risk victims to PVPT, HAH, or other low

risk shelters, which allowed more freedom of movement and were

generally more conducive to longer stays and reintegration.



77. (SBU) The GOK provided funding for all three VOT shelters. In

2009, the GOK provided HAH 100 percent of their funding from January

to July 2009 - permitting HAH to remain open - and 60 percent of

their funding from July to December, for a total of 80,861 Euros

($114,288 USD). PVPT received 22,066 Euros ($31,188 USD),or 20

percent of its budg

shelter, received 100 percent of its funding from the GOK at a cost

of 45,000 Euros ($63,603).



Question 28D: 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.



78. (SBU) The GOK assisted foreign VOT with the same care that

domestic victims received. UNMIK Regulation 2001/4 protects

trafficking victims from being charged with prostitution or illegal

entry, as well as from being deported. It also provides for review

of requests for refugee status and for approval of residency

permits, if appropriate. Victims who did not wish to accept

assistance were released, but they could be subject to re-arrest and

deportation if they worked as prostitutes.



Question 28E: Does the government provide longer-term shelter or

housing benefits to victims or other resources to aid the victims in

rebuilding their lives?





PRISTINA 00000077 018.2 OF 024





79. (SBU) The GOK provided rehabilitation services in cooperation

with international organizations and NGOs, but these were limited

and offered through the shelters and PVPT's Rehabilitation Center.

There was no time limit to how long VOT could remain at the

shelters, and all shelters provided access to legal, medical and

psychological services, educational assistance, recreational

activities, and other services. Only the PVPT provided long-term

reintegration care through its Rehabilitation Center.



80. (SBU) Minors could be sent to the ISF, PVPT, HAH, or other

shelters depending on their risk level. Local CSW representatives

handled the minors' cases, and reported directly to MLSW. A foster

care option existed, but UNICEF was concerned that insufficient

opportunities existed for girls who did not want to return to their

families. They reported some victims returned to dysfunctional

families that contributed to their initial trafficking, thus

increasing their potential for re-victimization.



Question 28F: Does the government have a referral process to

transfer victims detained, arrested, or placed in protective custody

by law enforcement authorities to institutions that provide short-

or long-term care (either government or NGO-run)?



81. (SBU) Law enforcement officers in Kosovo received training on

identifying possible victims of trafficking. As soon as they

encountered a possible victim of trafficking, they followed Kosovo's

Standard Operating Procedures (SOPs),which were designed with the

help of UNMIK, international organizations, and NGOs in 2006. The

GOK further updated the procedures in October 2008. See paragraphs

66-69 for more details.



Question 28G: What is the total number of trafficking victims

identified during the reporting period? (If available, please

specify the type of exploitation of these victims - e.g. "The

government identified X number of trafficking victims during the

reporting period, Y or which were victims of trafficking for sexual

exploitation and Z of which were victims of nonconsensual labor

exploitation.) 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?



82. (SBU) As discussed earlier, there was no single database to

track all VOT or determine how many took refuge in shelters. From

February 14, 2009 through January 31, 2010, the KP assisted 29

victims, and the IOM assisted 41. In 2009, the CSW assisted 12

victims of trafficking. Of these victims, two were exploited for

theft; the remainder were sexually exploited. TDH identified an

additional 304 child VOT, all exploited for begging. (See

paragraphs six to 13 for a more detailed discussion of the numbers.)

During the reporting period, the ISF (a GOK funded shelter)

sheltered 23 VOT, and PVPT (partially funded by the GOK) provided

shelter for eight VOT. HAH, a GOK funded shelter solely for

children, did not shelter any VOT during the reporting period. CPWC

assisted 17 VOT in its two shelters, all internally trafficked. The

KP referred 22 VOT to the ISF. It was not clear how many of the

remainder were referred by the IOM or other organizations.



Question 28H: 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



PRISTINA 00000077 019.2 OF 024





legal/regulated commercial sex trade?



83. (SBU) Law enforcement officers, immigration, and social services

personnel in Kosovo received training on identifying possible

victims of trafficking. When they encountered a possible victim of

trafficking, they followed Kosovo's Standard Operating Procedures

(SOPs),which were designed with the help of UNMIK, international

organizations, and NGOs in 2006. The GOK further updated the

procedures in October 2008. (See paragraphs 66-69 for more details.)





84. (SBU) Kosovo did not have legalized prostitution.



Question 28I: 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?



85. (SBU) According to the IOM and others involved in

counter-trafficking work in Kosovo, victims' rights were generally

respected. Some international organizations disagreed, citing poor

conditions at the ISF, the government-run VOT shelter. TDH noted

that children, once identified as VOT, were correctly treated, but

stated that children were often not identified as VOT. Problems

have been reported in the past where VOT were jailed or deported,

but allegations of such treatment did not resurface during the

reporting period. Deportations of foreign VOT could occur when

victims arrested for prostitution vehemently deny being victims.

The KP reported that in such cases they have little choice but to

deport the individuals in the absence of evidence of trafficking.

There were no reports that VOT were fined or prosecuted for

violations of other laws.



86. (SBU) Other problems in previous years included victims who

wished to remain anonymous coming into contact with their

traffickers in courts due to lax security procedures. There were no

examples of this occurring in 2009. Private interview rooms for

victims existed at police stations in Ferizaj, Gjilan, Peje,

Pristina, and Prizren, where victims could make their statement in a

more secure environment.



Question 28J: 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?



87. (SBU) Victims were encouraged to assist in the investigation and

prosecution of traffickers, but Kosovo authorities did not pressure

victims to do so. Victims' advocates assisted victims from

identification through reintegration and explained their rights

during each step of the process. There were no reports of victims

assisting in the investigation or prosecution of their traffickers

during the reporting period.



88. (SBU) In addition to testifying against their traffickers,

victims could file civil suits or seek legal action against their

traffickers. Victims, as injured parties, could seek damages in

criminal trials and could pursue their claims in civil litigation.

Under Kosovo law, if the court orders confiscation of material

benefit in a criminal case, injured parties could be entitled to

seek compensation from the confiscated property. According to the



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IOM, no one impeded victims' rights to such legal redress during the

reporting period. Victims who were material witnesses in court

cases against former employers were permitted to obtain other

employment and could leave Kosovo if desired.



89. (SBU) The VAAD reported that a VOT restitution program exists,

but has never been used. The Asset Seizure Law, which will allow

the GOK to seize the assets of traffickers for the benefit of VOT,

was still in the drafting phase and had not yet been submitted to

the Assembly, Kosovo's legislative body.



Question 28K: 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 were destination or transit

countries? What was 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).



90. (SBU) The GOK trained government officials and anti-trafficking

partners on recognizing trafficking and providing assistance to

victims, including minors, mostly in cooperation with its

anti-trafficking partners in the NGO and international organization

communities. During the reporting period, the KP Training

Department officers provided anti-TIP training to recruits at the

Kosovo Center for Public Safety, Education, and Development.

Additionally, KP Training Department officers provided basic and

advanced TIP training to 62 police recruits and officers. Further

TIP training was provided by international organizations and NGOs

like the IOM, TDH, and Save the Children, as well as by neighboring

and other countries.



91. (SBU) Kosovo declared independence in February 2008, and was

still in the process of establishing embassies and consulates. None

of Kosovo's embassies or consulates provided protection or

assistance to victims of trafficking during the reporting period.



Question 28L: Does the government provide assistance, such as

medical aid, shelter, or financial help, to its nationals who are

repatriated as victims of trafficking?



92. (SBU) The VAAD reported that the GOK provided assistance to

repatriated Kosovo citizens who were trafficking victims. If they

were placed in a shelter, they received the same services available

to victims identified in Kosovo. IOM reported that there was,

however, limited support for internally trafficked victims once they

left the shelter. After departure, victims relied on support from

Centers for Social Work, or in some cases, PVPT's Rehabilitation

Center. In the case of minors, social workers were involved with

family mediation and school re-insertion and could point victims in

the direction of other assistance.



Question 28M: 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?



93. (SBU) While many international organizations and NGOs worked on

the trafficking issue, IOM and TDH were the only ones working

directly with victims. Hope and Homes for Children and PVPT were

originally international NGOs, but have since spun off and become

local NGOs.



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94. (SBU) For foreign victims, IOM provided case screening and

management, medical assistance through its partners, in-depth needs

assessments, travel arrangements, travel documents for victims whose

passports have been confiscated by traffickers, travel supplies,

organization of safe transportation to departure points (in

cooperation with KP and based on medical and security concerns),

coordination with receiving IOM mission, and, when necessary,

offered escorts for minors and medical cases.



95. (SBU) For local victims, the IOM provided, in cooperation with

local NGOs, short and medium-term sheltering in preparation for

family reunification or independent living, family mediation (in

cooperation with social workers when victims were minors),

psychological counseling and psychiatric assistance, material

support for victims and/or families, access to education,

education-related expenses, vocational training, job placement,

awareness-raising, monitoring, and follow-up.



96. (SBU) TDH's seven, three person teams sought to identify child

VOT, but did not offer any additional assistance. TDH, IOM, HAH,

and PVPT all reported good cooperation with the government.



Question 29A: 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.)

97. (SBU) Most anti-trafficking campaigns information and education

campaigns were run by international organizations and NGOs with the

GOK's support and under the auspices of the KAP. The MEST, with the

aid of the OSCE, conducted two group anti-TIP training sessions for

117 teachers and professors from Ferizaj, Gjakove, Gjilan, and

Prizren. The training covered TIP issues and the role of the school

in preventing TIP. The MOIA held multiple TIP discussion sessions

with students at high schools and the University of Pristina. The

Ministry of Culture conducted two TIP training sessions for youth

organizations and student in October. Additionally, during 2009,

the Ministry broadcast 20 radio sessions designed to inform

listeners about Human Trafficking issues.

98. (SBU) International organizations and NGOs supported the GOK's

efforts throughout the year with their own educational campaigns.

The best example was the OSCE-sponsored "Rock to Break the Silence -

Report Trafficking" campaign. An intensive 14-day campaign

organized with the support of the GOK, it was designed to increase

awareness of TIP and inform vulnerable populations of their options

as well as how to protect themselves. The campaign consisted of

advertisements on television, radio, billboards, posters, leaflets,

press conferences, and ended with rock concerts held in Prizren

(with approximately 400 people attending),northern Mitrovica

(approximately 600 attendees),and Pristina (5,000 attendees). The

NGO Save the Children also conducted training for government

officials at the municipal level.

Question 29B: Does the government monitor immigration and emigration

patterns for evidence of trafficking?



99. (SBU) KP and Border Police Intelligence Units monitored

immigration patterns for evidence of trafficking. Foreigners

staying in Kosovo more than 60 days were required to register with

the Department for Migration and Foreigners unless they were

employees of KFOR, international organizations, or foreign

diplomatic missions.



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100. (SBU) The KP and Border Police officers also reported that they

routinely looked for potential victims of trafficking entering

Kosovo's border and the Pristina Airport. When they suspected a

woman or girl was a victim or potential victim of trafficking, they

separated her from those she was traveling with, questioned her,

warned her of the risks of trafficking, and gave her information on

what to do if she became a victim of trafficking. The KP noted

better cooperation with the Border Police, who were becoming more

effective at identifying potential VOT and refusing entry to

traffickers. The IOM also noted the increasing effectiveness of the

Border Police.



101. (SBU) The Border Police monitored emigration patterns to try to

understand possible criminal networks that were engaged in

trafficking women and girls from Kosovo to other European countries.





Question 29C: 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?



102. (SBU) The Inter-Ministerial Working Group coordinated and

communicated between the various agencies of the GOK. Meeting once

a month, the Group was chaired by the NATC and was composed of

members of the MLSW, Ministry of Health, Ministry of Economics and

Finance, Ministry of Justice, Ministry of Labor and Social Welfare,

International Criminal Investigative Training Assistance Program

(ICITAP),OSCE, IOM, HAH, and PVPT. There were also three other

working groups to tackle prevention, protection, and prosecution.



Question 29D: 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?



103. (SBU) The National Strategy and Action Plan Against Trafficking

in Human Beings (abbreviated Kosovo Action Plan, or KAP) was adopted

in July 2008 and widely disseminated. All relevant ministries,

international organizations, NGOs and civil society representatives

participated in the process. Implementation of the KAP was ongoing

and responsibilities were delegated to the various ministries.



104. (SBU) The NATC held monthly meetings with the Inter-Ministerial

Working Group to review the implementation of the KAP and discuss

areas needing more effort.



Question 29E: What measures has the government taken during the

reporting period to reduce the demand for commercial sex acts? (see

ref B, para. 9(3) for examples).



105. (SBU) In 2009, the KP took vigorous action to reduce the demand

for commercial sex acts. During the year, the KP arrested 31 men

and three women on trafficking charges, seven women and two men for

prostitution, and two men and one woman for facilitating

prostitution. They also conducted 521 searches of bars/coffee

shops/nightclubs for various reasons, 70 of which were closed as a

result.



106. (SBU) Additionally, on December 3, the Kosovo Police launched a

first-ever series of nighttime, simultaneous anti-TIP raids in

Pristina, Peje, Gjilan, Prizren, Ferizaj, and South Mitrovica.

Thirty-five bars/coffee shops/nightclubs were raided throughout the

country. Twenty-five were shuttered on various grounds. One



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hundred and seven potential VOT were identified and 336 men were

searched for weapons and other illicit material. Six men were

arrested, all on weapons charges.



107. (SBU) In the evening of February 1, the KP launched a second

major raid. Forty bars/coffee shops/nightclubs in six regions

(Pristina, Peje, Gjilan, Prizren, Ferizaj, and South Mitrovica) were

simultaneously raided. Twenty-five were closed. Eighty potential

VOT were identified and interviewed. Two hundred and six possible

clients searched. Three persons -- two Moldovan women and one

Kosovo Albanian man -- were arrested for facilitating prostitution.





108. (SBU) The GOK also conducted awareness campaigns designed to

reduce demand, including radio advertisements in October and

January. The IOM noted that the GOK had provided community based

training to teach possible victims and clients of the dangers.

During the year, the GOK also tightened the regulatory requirements

for opening restaurants, bars, and nightclubs.



Question 29F: What measures has the government taken during the

reporting period to reduce the participation in international child

sex tourism by nationals of the country?



109. (SBU) Tourism -- both incoming and outgoing -- in Kosovo was

very limited. There was no evidence that Kosovo nationals engage in

sex tourism, and Kosovo passports were only valid in a limited

number of countries.



Question 30A: Does the government engage with other governments,

civil society, and/or multilateral organizations to focus attention

and devote resources to addressing human trafficking? If so, please

provide details.



110. (SBU) The GOK engaged with other governments and multilateral

organizations to help focus attention and resources on human

trafficking. The Ministry of Justice reported that in 2009, Kosovo

processed thousands of requests for international legal assistance

from neighboring countries, approximately 50 of which dealt with

trafficking. The KP reported information exchange on specific

police cases occurred in 2009 between the police departments of

Kosovo and regional countries. Additional regular working level

meetings were held between the KP and their counterparts in the

Albanian, Macedonian, and Montenegrin police departments.



111. (SBU) The KP reported five cooperative international

investigations of trafficking cases during the reporting period: two

with Serbia, one with Albania, one with Germany, and one with

Macedonia. KP officers reported good cooperation with their

Albanian counterparts with their Albanian, Croatian, Macedonian, and

Montenegrin counterparts. The KP also reported good information

exchange with the Serbian police. Kosovo cooperated with Interpol

and Europol during the reporting period although these competencies

remained under UNMIK's authority. The GOK also received assistance

from multilateral organizations and NGOs, such as the OSCE, IOM, and

ICMPD.



112. (SBU) Not all international organizations and NGO's were

satisfied with the GOK's efforts. In private meetings, the IOM

stressed that the GOK suffered from a real lack of effective

self-evaluation programs. Some NGOs expressed concern that the GOK

was not identifying VOT as aggressively as it could. Additionally,

some international organizations and NGOs reported greater

difficulty in obtaining cooperation from the government than in

prior years. One notable exception was the KP, which received

universal praise for its openness and responsiveness. The GOK did



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not effectively engage with civil society, which continues to have

little to no interest in TIP issues.



Question 30B: B. What sort of international assistance does the

government provide to other countries to address TIP?



113. (SBU) The GOK responds to information requests from other

countries, and reported effective working level relationships with

its neighbors. The KP participated in five international

cooperative investigations. Please see paragraph 111 for more

details.



Question 34: HEROES: The introductions to the past five TIP

Reported have included sections honoring Anti-Trafficking "Heroes"

These individuals or representatives of organizations demonstrate an

exceptional commitment to fighting TIP above and beyond the scope of

their assigned work. The Department encourages post to nominate one

or more such individuals for inclusion in a similar section of the

2010 Report. Please submit, under a subheading of "TIP Hero(es)," a

brief description of the individual or organization's work, and note

that the appropriate individual(s) has been vetted through databases

available to post (e.g. CLASS and any law enforcement systems) to

ensure they have no visa ineligibilities or other derogatory

information.



114. (SBU) Embassy Pristina nominates the new head of the

Trafficking in Human Beings Section of the Kosovo Police, Captain

Arben Pacarizi, who took command of the section on October 12, 2009.

During his tenure, Pacarizi oversaw the first two major anti-TIP

raids, the combined results of which closed 50 suspected bars/coffee

shops/nightclubs, identified 187 potential VOT, and searched 542

possible clients. His aggressive actions sent a powerful message

that the GOK will not tolerate trafficking, and will help reduce

demand for sexual exploitation. Additionally, Captain Pacarizi

maintained and improved the reputation of the KP's THBS among

international organizations and NGO's which universally praise the

KP's collaborative approach, responsiveness to requests, and

willingness to meet. In 2009, Captain Pacarizi demonstrated

tremendous dedication and achieved notable results.



115. (SBU) Arben Pacarizi has not received Leahy Vetting to ensure

he has no visa ineligibilities or other derogatory information.



116. (SBU) Embassy POC is Liam O'Flanagan. Telephone:

00(381)-38-5959-3110. Email: O'FlanaganLJ@state.gov.



117. (SBU) Hours spent per officer on TIP report:

Pol/Econ Section Head: 2 hours

Political Officer: 90 hours

FSN: 10 hours.