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

SERBIA

SPECIAL ISSUES

INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS

''A FORM OF SLAVERY: TRAFFICKING IN WOMEN IN OSCE MEMBER STATES'' COUNTRY REPORTS:

SERBIA

July 2000

Although trafficking in women and girls has recently attracted public and media attention, there have been no social or legal changes on this issue. Although there have been certain discussions about trafficking in human beings among professionals, a new draft on legal changes in the Criminal Code of FRY has not yet been introduced. Like most forms of violence against women and girls, trafficking is still a marginalized problem, without reliable data or estimates.

Prior to the wars on the territory of the Former Yugoslavia, trafficking was a hidden and unrecognised phenomenon. Today, one can find media reports about foreign prostitutes and trafficked women from Serbia and Montenegro in the daily or weekly newspapers. Several women NGOs are dealing with the issue. Still, there is a lot of confusion about the substance, meaning and definition of trafficking, as well as on how to document, combat and prevent it. 

According to the Criminal Code of Serbia and Yugoslavia, there is no specific criminal offence related to trafficking in women and girls. Today, trafficking in women and girls can be covered by crime no. 155 “Slavery and Transportation of Human Beings Within the Position of Slaves”. This crime belongs to the group of crimes against international law and practice along with genocide, crimes against humanity, etc. within the Chapter “Criminal Acts Against Humanity and Other Objects Protected by International Law”. Having ratified the Convention on Prevention and Combating Slavery (1926) and the Additional Convention on the Elimination of Slavery and Trafficking in Human Beings (1956), Yugoslavia adopted the definition from these conventions within the national code34.

The crime is extensively defined and can be committed is several ways. Anyone who commits one of following acts will be punished for Slavery. The illegal acts include:

a)       Giving someone the status of slavery,

b)       Trafficking in human beings who are already slaves,

c)       Inducing someone to sell their own freedom, or to sell the freedom of a dependent person or child,

d)       The transfer of human beings who are in a relationship of slavery or in another similarly dependent relationship

According to this definition, and particularly bearing in mind the interpretation of our leading legal experts, voluntary slavery is prohibited also. In other words, forced slavery, fraudulent slavery, or slavery under threat violate the Criminal Code, as does “freely chosen” slavery. It is only in the last paragraph of this crime, which deals with the transfer of human beings, that the crossing border element is demanded. It is worth stressing that this form of slavery is penalized less severely than other forms.

The stipulated punishments for the 1^st, 2^nd and 3^rd paragraphs are between 1-10 years of imprisonment. For the transfer of human slaves, the punishment is between 6 months and 5 years.

The interpretation of the legal definition of giving someone the status of slavery is broad enough to include any kind of illegal, voluntary or forced activity. Thus, forced prostitution and labour, trade of human beings, trafficking within country borders, etc. can all be prosecuted under this crime. However, court practice is extremely weak and unstable.

The Former Yugoslavia is a country of origin, transit and destination. Better living standards, opportunities to travel, along with social and other benefits from the communist/socialist period made the Former Yugoslavia quite different from other countries in Eastern and Central Europe. These factors have made the country attractive enough to receive trafficked women and girls from Eastern European countries for the past 10 years. The women came mostly from Ukraine, Romania, and Russia. In a text entitled  “Female Slaves from the East”, it is said that prostitution and trafficking in women are the most profitable illegal jobs35. The jobs came following the collapse of communism, along with corruption, Mafia and organized crime, both within sending and receiving countries.  

On the other hand, wars, and deep political and economic crisis, as well as 10 years of isolation and sanctions from the international community have created a “fruitful” environment for sending and transporting human beings to other countries. Moreover, there are no legal mechanisms that can be enforced for new criminal phenomena such as trafficking in women and girls. The police and prosecutors have no knowledge, experience, or means of intervention. In the absence of the rule of law, and in a state of constant insecurity, the prevention and combating of trafficking in women and girls is far from being a state priority.  

The geographical location of the Federal Republic of Yugoslavia facilitates the transfer of women and girls towards destinations such as Italy and Greece. They are also transferred to Germany and the Netherlands.     

The women are used for prostitution for some time and then sold, mainly in Italy, through Montenegro. The main parts of Serbia where women from other countries are trafficked are identified as: motels and restaurants on the road Belgrade-Subotica, Pozarevac, Šabac, Novi Pazar, Kraljevo. During NATO bombings these women stayed mainly in neighbouring countries and later returned to FRY. Women from FRY are mainly trafficked to Italy, Greece, Cyprus, the Netherlands and Germany. There are women from FRY in Macedonia as well, but they stay there mainly in transit to Greece and Cyprus. Albanian women from Kosovo are massively trafficked into Italy. Roma women and children are also there. Women and girls are used for prostitution, whereas male children are used for begging and stealing36.

In a newspaper article on the arrest of two people for trafficking in human beings in Italy last September, the Yugoslav network for trafficking is mentioned. In the same text, in an extract from the British journal “Independent”, there is an estimation that 7,000 Roma people came from Serbia to Italy in just several weeks during summer 199937.

The increased presence of soldiers in the region as well as the sudden worsening of the economic situation make the risks involved in trafficking in women and girls larger than ever. The prostitution business developed very quickly in Macedonia when NATO soldiers came. Also, there are indications that the prostitution business in Kosovo will soon flourish. One may expect that Serbia will soon be primarily a country of origin and transit for trafficked women since it will no longer be so attractive for women and girls from other Central and Eastern Europe. An increase in advertisements that disguise trafficking, as well as an increase in representations of women as sex objects in the popular press have already been observed. Also, the further worsening of the economic situation of Roma people, especially after their exodus from Kosovo, will create new risks for trafficking in their women and children by their own Mafia38.

The principal recruiting methods in Serbia and Montenegro include various kinds of advertisements for:

• the escort business

• waitresses in cafes and restaurants

• personal advertisements for marriage offers, lonely heart columns etc

For example:

“I am offering a job abroad for 3 months to attractive women from 18 to 30 years old” (Blic, 22/7/1999). 

Since the legislation of FR Yugoslavia allows agencies for escorts businesses to be registered, they are in a position to freely advertise their work. According to data from 1997, 32 agencies for escort businesses were registered in Belgrade alone. However, many of them operate illegally, within the black market. Higher class prostitution appeared in the early 90s, contrary to the previously existing  street and hostel prostitution (Dnevni Telegraf, 6/5/1998).

The worst cases of trafficking are those of kidnapped children, most of whom are Roma. They are usually used for prostitution, begging, stealing and sold for adoption.  

There is no systematically collected data (whether governmental or non-governmental) on trafficking in women but there are occasional reports on different court cases in the daily newspapers. Several women NGOs have begun monitoring these cases and collecting press clippings (Victimology Society, Autonomous Women Center).

Since trafficking in women is not a specific crime, it is impossible to estimate the dimensions of the problem. However, there have been several concrete examples discovered by the media.  Their role is crucial in initiating public debate on the issue.

• Ivana Jovanovic (19) committed suicide after been sold for 600DM. Jovanovic was a street prostitute. On the fateful night, two cousins- (also her pimps), Danijel (36) i Predrag (19) Markovic informed her, in the presence of 7 witnesses, that they had bought her. Since she resisted, both men beat her heavily for several hours. Whether it was murder or suicide remains unclear. Ivana was alone with her new pimp Danijel when she jumped or was pushed through a window on the 8^th floor.  In court, Predrag (19) admitted that he, along with his cousin, was her pimp, and that they had forced her into prostitution. He was sentenced to 3 years imprisonment and the older cousin managed to escape (Vecernje Novosti, 24/5/98, and Dnevni telegraf, 18.5.1998.).

In terms of obstacles, particularly in cases of trafficked women who are foreign citizens, the following can be identified as the most important:

• They usually do not have valid identification cards, if any,

• Since they are prostitutes and illegal residents, they are afraid of both their pimps and of getting in contact with the police. Thus, they usually do not report any of crimes committed against them.

• The police treat them as criminals, and are therefore not prepared to protect them.

• It is considered a less important crime.

There are no institutionalised prevention programs or policies dealing with this issue although there are some initiatives from women NGOs on the problem. Victimology Society has made a draft proposal to introduce a new criminal offence that specifically defines trafficking in human beings:

“1. Any person who, with the aim of acquiring material gains, solicits, transfers, sells, buys, acts as an intermediary, or in any other manner participates in the purchase of one person by another, or facilitates the legal or illegal entry, transit, residence in, or departure from the territory of any state or any person for the purpose of sexual exploitation, pornography, criminal acts, or creates a relationship of debt dependency, adoption, use in arm conflicts exploitation, though labour, or  subjects a person in any other illegal manner, shall be punished by 3 to 8 years imprisonment.

2. Any person who performs the above acts against a juvenile or a group of persons by the use of force, threat, deception, abuse of authority, or abuse of dependency status, shall be punished by 5-10 years imprisonment.

3. If the acts described in the above paragraphs 1 and 2 result in serious adverse consequences for a victim, or if these acts are performed by an organized group, or if a victim is forced to give away a bodily part or tissue for the purpose of sale, the punishment shall be 8-15 years impisonment.39”      

In the past few years, through the cooperation of women organizations from Serbia and Italy, there have been several cases of returning trafficked women to their home countries. The trafficked women were helped by members of the Autonomous Women Centre Against Violence Against Women from Belgrade. These kinds of actions are usually in response to requests of trafficked women for help.

The only support services available are women NGOs that help the women who manage to get in touch with them and there is no research available in the country related to the dimensions of trafficking in women.