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IHF-HR: "A
Form of Slavery: Trafficking in Women in OSCE Member States" |
MONTENEGRO |
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INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS ''A FORM OF SLAVERY: TRAFFICKING IN WOMEN IN OSCE MEMBER STATES'' COUNTRY REPORTS: MONTENEGRO July 2000
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Prostitution
is illegal in Montenegro, but it is very rarely punished.
Many young women from the countries in extensive economic crisis
(e.g. Eastern European countries) seek employment abroad.
They respond to job advertisements for babysitters, hairdressers,
maids, waitresses, models, or dancers.
Employers even visit families of these women and girls40,
promising good employment abroad, easy jobs, high wages, and monthly
support sent regularly to their families.
It is important to note that some of these women and girls are
aware that they are going to work in the sex industry, unaware of the
unbearable conditions. The
ones who come to work as erotic dancers and stripers are forced to
prostitution as well. Others agree to work as prostitutes until they earn enough
money to live normally in their home countries.
They rarely reach their goal.
As the others, they are sold several times in few different
countries or cities to fulfil the demand of the clients and nightclub
owners for the new, fresh women and girls (fresh meat, as they call it.)
At the very moment of their arrival, their passports and all other
documents are taken away. In
order to “break” them, individuals or groups starve, drug, beat, and
rape them several times a day. When
they succeed or exhaust the women so they can no longer defend themselves,
women are forced to work day and night, sometimes having 15 or 20 clients
per day. Middlemen
or “traffickers,” often cooperating with the local authorities or
police, buy and sell women over the border.
They rarely use the actual border crossings; they do it over
illegal crossings, hills, lakes, or rivers.
It is common for some women to have student, tourist, and
legitimate working visas.41
Ten women (seven from Moldavia, two from Romania and one from
Ukraine) who were in the Shelter told us their story.
The host was attentive, and he recommended the girls not leave the
house until the owners of employment agencies came to recruit them.
A few days later, two men from Belgrade and Podgorica took the
girls to Belgrade where they joined a group of 10 women.
The seven Moldavians soon realized that they had been deceived and
that the modern dance in which they were meant to engage would entail a
life of humiliation, physical and psychological abuse, and constant
re-sale. They were lined up
and asked to repeatedly turn around so the three “members of the jury”
can see and evaluate their profile, buttocks, and teeth.
They were asked to undress so that the three-men-jury could assess
their build. Two of them refused to do so and the beatings they received
silenced the others. The
youngest and the most attractive ones were sold for 3 to 4 thousand German
marks; the rest were given bus tickets and escorted to Montenegro. Everyone knew who they were and where they were going.
Their presence in the bus did not capture any extra attention –
it was as if sex trafficking is common and normal.
The women were even more terrified when the bus stopped at Bijelo
Polje for a break. Two of
them were taken away and never seen again.
Somewhere
in Northern Montenegro, this also happened to the Romanian girl.
The seven Moldavians had managed to stay together in the same bar
until the very end. They
lived in a hovel with chickens, sharing with five girls they met there,
taking turns sleeping on the only five available beds.
When they met the bosses, they were told that they were expensive
and so could be given any compensation for three months.
They were promised that, after that period, they would receive DM
50 per client, and if they proved themselves, they would receive more. They arrived to Podgorica at the end of September 1999 and,
by February, they had received nothing but cosmetics and underwear.
They were often beaten, badly fed, and left to sleep for only a few
hours. Under Montenegrin
Labor law, the bar owner is allowed to employ five dancers, usually making
contracts for three months. The
owner himself takes the false passports to the police, gets valid
temporary residence confirmations, and thus “covers” himself before
the law.42
There are never five girls in the bars however, but ten or twelve.
Tania
from Ukraine managed to get close to a young man and tell him a part of
her story. He directed her to
the Shelter. When talking to her
mother for the first time, she said she had found a job and was doing
fine. When Tania finally
realized that not only would nothing change, but that it would in fact get
worse, she decided to confide in her mother and ask for help. Her mother told the entire story to the Moldavian embassy in
Belgrade. The process of
freeing her was unfortunately prolonged because the high officials were on
Christmas holidays. Tania was
afraid that nothing would be done, so she called the embassy herself. After she talked to a Moldavian official, the process of
setting her free was initiated. The
actual number of women bought and sold in Montenegro is not known, but it
is clear that the number is enormous.
The OSCE Office Podgorica made a plea for the Shelter
to receive 10 women in the house for a day or two.
Escorted by a few at-first-sight friendly (male) police officers,
they came to the Shelter. It
later emerged that these and many other police officers had been
working in the strip bars as security officers or had even been clients.
Scared, exhausted, and hungry, the women did not say a word about
their experience. The
“Monitor” published an article about Shelter and the tenants who lived
there nearly four days. However, they did not publish the names of the
persons involved in criminal activities. When asked whether the girls
would be brought to Belgrade to the Moldavian Embassy, one of them
cynically replied: “They will never see Belgrade”. The Chief of the
OSCE office, who was told about their departure and the details of the
conversation, said that the OSCE does not have the right to mix in police
business. At the end seven women managed to reach their countries whereas
three has been most probably sold on their way to Belgrade. I guessed so
because the explanation given from the police after was not so much
convincing. They said that three girls were left on the bus station in
Belgrade but they didn’t want to return to their countries. I don’t
believe in this story because the girls didn’t have any money and they
were also afraid if they are going to be sold on their way home. The
Montenegrin Women Lobby has
discussions, education and training on this issue and was immediately
supported by the OSCE office and Norwegian People’s Aid, as well as
other funders who who heard about the activities. CRIMINAL
STATUTE
These
articles are from the Criminal Statute of FRY and Montenegro on
prostitution and punishing the women dealing in this profitable job.
However, in practice trafficking is allowed and not punished
because the owners of the bars make a kind of contract that allows them to
employ women from other countries on a temporary basis. These contracts
are normally for a period of three months. They usually get residence
permits for the women but the police do not check whether the passports
are authentic since the owners bring the documents to the police
themselves The
Ministry of Justice, Ministry of Health, Ministry of Foreign Affairs, and
Ministry of Welfare have replied that national politics will concentrate
more on this problem and will support the work of governmental and
non-governmental organizations dealing with such issues.
However, nothing has changed in their politic of silence on this
problem and they are aware that many people working in the police force
are involved in this business. Recommendations: ·
To develop a national strategy in the fight against trafficking; ·
To legally protect re-sold persons in collaboration with NGOs,
drawing on their experience and professional work; ·
Train workers in the public services to work with resold persons. ·
Coordinate governmental work and plans with the work of NGOs in
order to have a wide approach on this difficult issue. ·
Change the attitude of
the police and relevant public subjects on the matter of the status of
re-sold persons: they are not criminals, but are victims of violence and
potential witnesses and therefore need appropriate legal protection and
security. ·
Open a house where women can stay while their legal status is
pending. Terrified for their lives, women largely give up give up in court
and their authentic testimony is no longer proof. Apparently, no case has
been resolved in the last 15 years. Although the prosecution is aware of
the existence of this form of violence against women, the legal framework
is built in such a way that the victim has to do everything and cases are
very difficult to prove. Violence
against women and children in Montenegro is growing. There are no official
statistics from the public authorities on this issue. The only
documentation is the result of three years of work on the SOS telephone
for women and children victim of violence and the work of Shelter. At this
time, approximately 38,000 women and children suffer from violence
(Podgorica has 160,000 citizens). There are around 390 NGOs in Montenegro,
but only a few are directly involved in these activities and are working
successfully. The
Montenegrin Women Lobby, which was founded recently, is the organization
that works intensively on this issue.
The current priority is to eliminate the marginalisation of
prostitutes and the prejudices involved in treating women victims of
trafficking as morally ruined women and to put an end to the distinction
between “good” and “bad” women. There are also efforts to widen
the term of trafficking in women to include other forms of exploitation,
such as forced work in the house and slavery in marriage. These NGOs will
increase awareness on the responsibility of the media in promoting
non-stereotypical portrayals of women and men, as well as their role in
informing and educating the public. Project:
International Sex Trafficking Trafficking
and forced prostitution are different in Europe than in Asia or other
parts of the world. The
direction of international sex trafficking always goes from the
ex-socialist countries towards western European countries of a higher
standard. The average age is
between 20-23 years, and some of the women are very well educated.
They leave their countries of their own free will, there is no
kidnapping or use of force - the false story about a “job” somewhere
in Germany, Sweden or Italy is more than enough to draw them away.
They simply want to have a decent life and do not want to return to
the misery and insecurity of their own countries.
Many of them do not consider prostitution as slavery.
Uncertain social, political, and economic circumstances in these
countries induce some people to “realize” their opportunities by
connecting with similar organizations in the West for the organized
transfer of these women. Women
are promised normal, legal work and great profits.
In this specific trade, they earn between 2 and 5 thousands of DEM
for every woman they lure into their network. Tasks
and goals: -
Provide accommodation and financial help to women and girl victims
of this sort of violence as well as medical, psychological and legal aid
services; -
Promote the right to freedom from prosecution and harassment by the
authorities; -
Provide competent interpreters in legal proceedings; -
Provide free legal aid and legal representation in the course of
criminal and other procedures; -
Provide the legal means for compensation; -
Promote the adoption of statutory provisions that would enable
women to initiate a civil or criminal procedure against the offender.
-
Provide legal residence permits if return to their country is not
safe; -
Provide assistance in returning victims to the country of origin; -
Protect victims from the revenge of offenders and the authorities; -
Support the initiatives of women’s organizations and NGOs here
and throughout the world with a view to raising awareness on this issue; -
Organize, support and finance campaigns, training and education in
the community with a view to raising awareness on violence against women
as a violation of women’s human rights; -
Raise awareness about the responsibility of the media in promoting
of non-stereotypical pictured of women and men; -
Protect women engaged in the defense of human rights.
NGOs,
women’s organizations and feminist groups play a catalytic role in
improving the human rights of women through activities, connections and
lobbying and therefore need support and access to information from the
Government in order to carry out these activities.
Actions
that should be taken on behalf of countries of origin, transit and
destination, and regional and international organizations
a)
Consider the ratification and implementation of international
conventions on the trade of people and slavery; b)
Take certain measures to address basic factors, including external
factors, that promote trafficking in women and children for prostitution
and other forms of commercialized sex, forced marriages and forced work
with a view to eliminating trafficking in women, including the
strengthening of existing legislation, better protection of women's rights
and penal measures for the offenders; c)
Establish cooperation and joint action among all authorized bodies
of internal affairs and institutions to break up state, regional and
international networks of trade in women; d)
Earmark resources for programs with the goals of treating and
rehabilitating victims of trafficking, including professional
qualifications, legal aid and confidential medical assistance.
Also take certain measures of cooperation with all NGOs for
securing social, medical and psychological help for the victims of
trafficking; e)
Elaborate educational, training and political programs and study
the implementation of the regulations with a view to ending sex tourism
and trafficking, stressing the protection of young women and children. A
Round Table was held on 18 April 2000
to drawn public attention towards trafficking in women and develop during
the debate the needed activities, assistance, political decisions,
training’s and programs etc with the support of the concrete experience
of Women’s NGO’s from abroad dealing with trafficking in women.
40 Term girl is used for a female under the age of 18. 41 Find enclosed a legitimate working permit and a registration with the police. 42 Find enclosed such documents.
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