Människohandel och sexuell exploatering

Serbian NGO experiance23–24 mars 2015

Nationell konferens på Clarion Hotel Stockholm

ASTRA-Anti trafficking action

1. Prevention and Education

2. SOS Hotline and Direct Victim Assistance

3. Networking

4. Research and Reporting

Chronology and social context

90s – Milosevic, wars, sanctions etc. 2000 – First democratic elections 2003 – Assassination of prime minister

Đinđić, state of emergency, article 111b

2004 – West wing parties government 2006 – New law on THB, new law on

NGOs 2012 – Serbia candidate coutnry for EU

Results

National anti trafficking team National anti trafficking coordinator First AT strategy and NPA Police AT units Center for victims Specialisation of prosecutors

Legal THB framework in the Republic of Serbia

UN Convention against Transnational Organized Crime and Protocol to Prevent, Supers and Punish Trafficking in Humane Beings, Especially Women and Children (2000)

Council of Europe’s Convention on Action against Trafficking in Human Beings (2005)

UN Optional Protocol on the Sale of Children, Child prostitution and Child Pornography (2002)

Articles 388, 389 and 350 of the Criminal Code of RS Special Protocol on acting of the judicial bodies in protection

of victims of human trafficking - Ministry of Justice of RS (2012).

■ March 2002 – December 2014 - 22897 calls from 3874 clients

■ Identified trafficked persons - 460

■ Identified trafficked children - 164

Trafficked Persons in Serbia

36%

64%

Age of identified victims of human trafficking March 2002 - Decembar 2014

ChildrenAdults

15%

85%

Gender of identified victims of human trafficking March 2002 - December 2014

Male

Female

79%

3%3%5%2%3%5%

Citizenship of victims of human trafficking

March 2002 - December 2014

SerbiaBosniaUkraineMoldovaBulgariaRomaniaOther

55%

11%

5%5%

5%5%2%12%

Destination of victims of human trafficking March 2002 - December 2014

SerbiaItalyGermanyRussiaAzerbaijanBosniaCroatia Other

Increased No. of Serbian citizens (72.16%), Internal THB (49.58%). Mostly women (85%) and children (36%, avr.13 years old) From urban settlements (56%) With less than secondary school (63%) and With previous experience of violence (51%) Trafficked for the purpose sexual exploitation (67.03%) Increased number of labour exploitation cases Other forms of exploitation registered here are labor exploitation, forced

marriage, committing criminal acts and forced begging. Victims are mostly recruited through job adds and by their parents and relatives

(20%), lover boys (25%), friends (10%) and acquaintances (35%) and employers (10%).

Recruitment through the use of modern technologies (Internet and SMS) New destinations (ex. Soviet Union, Midle Eeast etc.) Victims are transferred from public bars and clubs to private apartments and

members-only clubs, thus becoming less visible No severe physical violence but psychological

Trends

Challenges No new strategy No new NPA No emergency shelter and programs for victims (children as well). Mechanisms, Procedures and minimum of standards for

identification and referral of victims’ Identification of potential victims of THB – grey areas of THB No compensation for victims No state budget for AT activities No mechanism and programs for victims of labour exploitation No cases before the court for organized crime

Rights Monitored

Protection of privacy of victims (article 6 Palermo Protocol and Article 11 CoE THB)

Assistance to victims – counselling and information (article 6 Palermo Protocol and Article 12 and 15 CoE THB)

Security and protection of victims (article 6 Palermo Protocol and Article 12 and 15 CoE THB)

Compensation of damages (article 6 Palermo Protocol and Article 11 CoE THB)

General information on trial monitoring and verdicts analyzed

November 2013 - October 2014 A total of 19 court procedures (18 criminal and 1 civil for

compensation) The researchers attended 40 trials in all 32 court judgements in criminal proceedings Total of 42 defendants and 39 injured persons The maximum duration of a court process was 3.5 years, the

average being 1 year.

Reason for cancellation of hearing

50%

20%

20%

10%

Absence of the in-jured party

Absence of defence attorney

Absence of the accused

Other

Hearing of the injured party

55%

36%9%

testifying before the accused

testifying in absence of the accused

testifying via video link

Decision on appeal

63%

13%

25%First instance decision con-firmed

Appeal taken into consider-ation and returned to first instance court

Appeal taken into account and verdict altered

Length of penalty

5%

29%

42%

24%No penalty - ac-quittedUp to 2 years 3 - 5 yearsMore than 5 years

Mitigating circumstances

20%

10%

16%

12%

8%

5%

7%

6%

16%

Children

Age

No criminal record

Poverty

Health status

Unemployment

Behaviour in the procedure

Partial confession

Other

Aggravating circumstances

75%

25%

History of past convictions Gravity of committed of-fence

Balkans Act Now-BANwith support of the European Commission through IPA CSF Framework

Partnership Agreement

Partners and associates

Bosnia Croatia Macedonia Montenegro Serbia France The Netherlands

Results

Compensation for victims Monitoring tool Mobil application

COMPENSATION

Working group (Judges, prosecutors, lawyers, academics, NGOs)

Obligatory Compensation in criminal procedure Law on Compensation fund (Ministry of Justice)

Monitoring tool Situation in global AT community - Assessments and estimations are

based on different methodologies Monitoring Tool relies on obligations placed on signatory

governments in contemporary international instruments in this area The idea is to create comprehensive and detailed indicators (200)

that would enable monitoring – occasional or continuous – of national anti-trafficking policies, with emphasis on the policies aimed at the protection of victims.

It can be applied both in the countries of origin and countries of destination

CSO partners are enabled to conduct high quality monitoring of justice sector, legislative and executive branches of government

Pilot monitoring related to the topic of compensation to the victims of trafficking was preformed in 4 countries

BAN Mobil application

Informative and educative Target group 16 to 24 Focus on prevention and

victims rights Android and iOS platforms Free application on

Google Play store and iOS APP Store

QR code multi-lingual (8)

Six characters

Sarah – Lower boy

Kate – Job advertisement (domestic servitude)

Anna – Internal trafficking (sexual exploitation)

Cody – Worker (labor exploitation)

Aaron – Forced beggary

Max – Forced criminality

http://banhumantrafficking.com/en/play-the-game

Thank you!!!Tack så mycket !!!

Marija Andjelkovic

Tel: +381 11 785 0001 | Fax: +381 11 785 0010

SOS hotline/fax: +381 11 785 0000

ASTRA SOS telefon za nestalu decu: 116 000

E-mail: astra@astra.rs

Website: www.astra.rs