SPECIAL ISSUES

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IHF-HR: "A Form of Slavery: Trafficking in Women in OSCE Member States"
  Country Reports

MONTENEGRO

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SPECIAL ISSUES

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

  • COLLABORATING IN ACT OF PROSTITUTION: ARTICLE 251

 

  • THE PROCURING AND ALLOWING OF SEXUAL ABUSE: ARTICLE 93

 

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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