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Viewing cable 08BRATISLAVA93, SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08BRATISLAVA93 | 2008-03-03 16:08 | 2011-08-26 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Bratislava |
VZCZCXYZ0213
PP RUEHWEB
DE RUEHSL #0093/01 0631608
ZNR UUUUU ZZH
P 031608Z MAR 08
FM AMEMBASSY BRATISLAVA
TO RUEHC/SECSTATE WASHDC PRIORITY 1558
INFO RUCNCIS/CIS COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 11 BRATISLAVA 000093
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/NCE, G/TIP, EUR/PGI, G, INL, DRL, PRM
STATE PLEASE PASS TO USAID, DOJ, DHS, DOL, Treasury Dept.
E.O. 12958: N/A
TAGS: PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
ELAB
SUBJECT: SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: A. STATE 2731
BRATISLAVA 00000093 001.3 OF 011
----------------------------
¶1. (SBU) SUMMARY
----------------------------
¶A. Slovakia is steadily moving forward in its fight against TIP. In
addition to allocating a substantial increase in anti-TIP funding
(by multiplying it fourfold, from USD 91,000 to USD 364,000) the
Government of Slovakia (GOS) has increased both transparency and
stakeholder collaboration in its anti-TIP activities. Improved
dialogue between the GOS and NGOs has facilitated the drafting
process of the GOS's 2008-2010 National Program for the Fight
Against Trafficking in Persons ("National Program"). Transparency in
its financial grant mechanisms has given more NGOs the opportunity
to submit project proposals. Internationally, the GOS continues to
commit itself to anti-TIP protocols. In 2007 and 2008, it ratified
and then put into effect the Council of Europe's (COE) 2005
Convention against Human Trafficking. It was one of only 14 COE
members to do so.
According to International Organizations (IOs) interviewed for this
report, the improvement in the GOS approach is thanks in part to a
new attitude of openness and cooperation, mostly on the part of the
Ministry of the Interior (MOI) and particularly from the office of
the TIP National Coordinator, which has shown an increased
willingness to tap into the expertise of the IOs and fight for
increased TIP funding.
A continued focus on training those on the front lines of the fight
against TIP, e.g., police, and on improving communication among
government agencies will further strengthen Slovakia's ability to
address TIP.
Overall, the 2007-2008 reporting period was generally positive, and
the view communicated to post by stakeholders was one of cautious
optimism.
¶B. Answers below are keyed to section and paragraph numbers in
reftel. Embassy Bratislava point of contact is:
Name: Rachel Wolfe
Position: Consular Officer
Phone: 421 2 5922 3291
Fax: 421 2 5922 3109
E-mail: wolfere@state.gov
¶C. Total time to complete TIP report:
FSNs: 30
FS04: 60
FS02: 3
FS01: 1
----------------------------
¶2. (SBU) OVERVIEW
-----------------------------
¶A. A COUNTRY OF ORIGIN AND TRANSIT
Slovakia is considered a transit and a source country for
trafficking in persons. The International Office for Migration (IOM)
states that due to the small number of known victims who are third
country nationals or those trafficked only within Slovak borders,
the country cannot be classified as a destination country, though
IOM and the government both acknowledge that some women may be
forced to work briefly in Slovakia while in transit to their final
destinations in Western Europe.
The MOI, local police, NGOs and the IOM are the best sources of
information regarding the number and kinds of TIP victims. Though
the numbers vary from source to source, they are generally reliable.
The IOM - which believes that TIP is generally an under-reported
crime - estimates between 150 to 200 individuals, mostly women in
their late teens and 20s, are trafficked per year. During the
reporting period, the IOM dealt with 30 repatriated victims of
trafficking and no foreign victims. The NGO Dotyk dealt with a
total of four victims in their government-funded victim-assistance
pilot program (only one of four was new: the other three were
carried over from last year's report). Outside of the pilot program,
Dotyk assisted an additional 13 victims. Police were approached by
only 15 victims (all women) of whom at least three were minors.
Last year, the IOM dealt with 40 victims and police reported 31.
¶B. GENERAL OVERVIEW
In July 2007, the MOI named a new TIP National Coordinator, State
BRATISLAVA 00000093 002.2 OF 011
Secretary Vladimir Cecot, one of the two MOI State Secretaries.
SIPDIS
Cecot is a lawyer by profession, and previously chaired the Criminal
Law department at the prestigious Comenius University in Bratislava.
[Note: Cecot replaced State Secretary Jozef Bucek, who stepped down
at National Coordinator in 2007 to focus on Slovakia's entry into
the EU Schengen Zone. End note] The MOI-created TIP Expert Group
that Cecot oversees (which is comprised of high-level officials) met
in November 2007 with all stakeholders and met independently again
in February 2008 to approve the draft National Program for
2008-2010.
Slovakia's updated draft National Program for 2008-2010 is currently
in the approval process. The TIP Expert Group approved the draft on
February 18, 2008, and it now awaits approval by the Minister of the
Interior and then the Cabinet as a whole (the deadline for which is
April 30, 2008.) The draft contains a review of the 2007 Program, as
well as new strategies for law enforcement, victim assistance and
support, and prevention. Further, it lists responsible agencies and
details tasks for the implementation of the Program.
The MOI improved its drafting process by opening it up to comments
from NGOs, something it previously had not done. Post applauds MOI's
initiative in reaching out to stakeholders.
A "TIP Roundtable" seminar, held in November 2007, was comprised of
Slovak government officials from the Expert Group, representatives
from other government agencies, the OSCE Special Envoy and
Coordinator for TIP, the EU Parliament, NGOs, and charities. The
DCM from Embassy Bratislava also attended. It was at that event that
TIP Coordinator Cecot expressed GOS desire to do what is necessary
to move Slovakia into Tier One. According to some participants, the
informal atmosphere of the seminar made it easier for stakeholders
to share their experiences and views. Post believes that the
"Roundtable" is a good indicator of forward movement and increased
cooperation between the public and private sectors.
The MOI has completed last year's pilot program for victim support
(which established victim services and shelters). MOI has already
budgeted for the continuation of this program in 2008 and has chosen
5 successful NGO candidates. One of the NGOs chosen is the Cultural
Association of Roma in Slovakia, which will focus on prevention in
Roma communities.
The United Nations Office of Drugs and Crime (UNODC) completed its
evaluation of the GOS' Program for Protection and Assistance to
Victims of TIP (which is a portion of the National Program) in late
2007, and provided recommendations on how the government can improve
in these areas. These recommendations focused on better
communication between government bodies and more outreach to NGOs.
The GOS has incorporated these suggestions into its draft updated
Program for 2008-2010. In general, the UNODC report maintained that
the formal institutional framework for victim assistance and
protection is sufficient, and that further cooperation and
coordination between stakeholders will help GOS reach its anti-TIP
goals.
According to the Police Anti-TIP unit and NGOs, most of the victims
trafficked through Slovakia continue to come from the former Soviet
Republics (especially Moldova and Ukraine), Bulgaria, the Baltics,
the Balkans and China, and are trafficked to the Czech Republic,
Germany, Switzerland, Sweden, Italy, Austria, the Netherlands,
United Kingdom, Spain, Croatia, and Slovenia. Slovak victims
usually come from economically depressed regions of Slovakia with
high levels of unemployment. Often, these women come from the Roma
minority population.
Victims who have been returned to Slovakia are usually young females
in their late teens or early 20s. Many report being trafficked
after accepting offers from relatives, acquaintances, or unlicensed
agencies to arrange for work abroad. Some consciously enter into
prostitution only to become trafficked at a later date. Because they
are willing participants (at first) the victims tend to be
transported to their destination country on public transportation
with no resistance.
According to police, as well as the testimony of some victims and
offenders, trafficking in Slovakia is usually an organized criminal
activity. Small-scale Slovak perpetrators feed victims into larger
international syndicates at their destinations. Organized
trafficking groups consist of Germans, Czechs, Russians, Ukrainians,
Albanians, Italians, Macedonians, Poles, or Slovenes.
Male and female Slovak traffickers usually have prior knowledge and
direct experience in the sex industry in Western Europe. They
typically utilize employment or hostess agency schemes, but also
rely on personal connections with women.
BRATISLAVA 00000093 003 OF 011
Roma victims, in particular, are likely to know their traffickers.
Some Roma women enter into prostitution knowingly, fleeing the
conditions of an abusive home or poor living conditions in a Roma
settlement (or shantytown), and become victims of trafficking in the
destination country.
Roma activists suggest an increase in the trafficking of Roma
children for begging. According to a Roma NGO, the practice is
highly organized. Traffickers from within the Roma community send
children (either by themselves or with their mothers or other women)
by bus to Austria, Italy and Germany to work the streets.
Traffickers then withhold the victims' identity papers in order to
keep them from escaping.
¶C. ANTI-TIP GOVERNMENT AGENCIES
The MOI State Secretary is the current National Coordinator for
anti-TIP activities and presides over the Expert Group. The Director
of the MOI's Department of Security Strategies is responsible for
the day-to-day activities of the Expert Group and oversees the
implementation of the National Program. This includes drafting the
update of the National Program, organizing inter-agency cooperation,
tracking TIP statistics, distributing funds for anti-TIP projects,
and working with NGOs to develop those projects. In addition to the
Expert Group, some prevention activities are coordinated by the
working group established within the Government Council for Crime
Prevention Other ministries that advise MOI on TIP include the
Ministries of Justice, Education, Finance, Health, Labor and Social
Affairs, and Foreign Affairs, as well as the General Prosecutor's
Office.
Falling under the Police Anti-Organized Crime Bureau, the Police
Anti-Trafficking Unit, which has 10 dedicated officers, coordinates
most activity regarding trafficking both within Slovakia and with
INTERPOL; members of the unit have traveled overseas to participate
in seminars and training. The unit documents and investigates
crimes, monitors known places of prostitution, investigates
suspicious travel or employment schemes, and contributes to public
awareness by giving presentations at conferences and conducting
training.
The Border and Alien police are responsible for monitoring border
crossings for evidence of trafficking, with the customs directorate
and the MFA also playing a role.
The Equal Opportunity Office at the Ministry of Labor and Social
Affairs (MOL) supports NGO activity through grants, manages the
implementation of international protocols regarding worker's rights,
and works to reduce violence against women.
The Ministry of Education (MOE) coordinates with IOM to bring TIP
awareness discussions into high school classrooms. Though the MOE is
still working to officially implement a TIP curriculum in schools,
in practice TIP education is on-going.
The Ministry of Justice (MOJ) is responsible for strengthening
safeguards for victim protection.
The General Prosecutor is responsible for the prosecution of
traffickers.
¶D. GOVERNMENT LIMITATIONS
The draft National Program will increase the National Coordinator's
2008 budget to fight trafficking to USD 364,000. This is four times
the amount allocated during the last reporting period, when funding
levels reached only USD 91,000. However, money for victim assistance
programs is only authorized one year at a time. Anti-TIP police
remain funded at past levels, supporting 10 officers at the national
police headquarters. Overall, government corruption is not a
significant problem for trafficking in persons.
¶E. GOVERNMENT SELF-MONITORING
The MOI provides internal assessments and baseline information
regarding the nature of trafficking in Slovakia. The updated draft
of the National Program for 2008-2010 contains an assessment of the
Program's performance during the 2007 reporting period. Once the
report is released, the results will be available for public access
on the MOI website. Further, the UNODC and the MOI are conducting a
joint research project to evaluate how efficient the GOS' TIP
programs have been. It will also study trends in trafficking by
collecting data on the profiles of both victims and perpetrators, as
well as the details of the trafficking operations. The results of
the study are expected in April 2008.
---------------------------------------------
BRATISLAVA 00000093 004 OF 011
---------------------------------------------
¶3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS
---------------------------------------------
---------------------------------------------
¶A. LEGAL FRAMEWORK
TIP is defined and criminalized through Section 179 in the Criminal
Code. Trafficking in children is a separate crime, covered by
sections 180 and 181. Other related legislation includes: Section
367 on Procurement (Pimping), Section 208 on torture of a close
person or person in one's charge, Section 371 on endangering
morality. The law states explicitly the extra-territorial nature of
this crime and acknowledge that the crime also entails fraudulent
means, violence, threat, or other forms of coercion to elicit
agreement from a victim older than 18 years (for section 179) for
the crime of trafficking. These laws are being used in trafficking
cases and adequately cover the full scope of trafficking.
Slovak law allows a renewable 40-day "tolerated stay" status for
foreign victims of serious crimes, including trafficking in persons.
On January 30, 2007, Slovakia signed the Council of Europe's (COE)
Convention of 2005 on Action against Trafficking in Human Beings. It
ratified the document on March 27, 2007. The Convention was
subsequently entered into force on February 1, 2008. It is a
comprehensive treaty, focusing mainly on the protection of
trafficking victims and safeguarding their rights. It also aims to
prevent trafficking and to prosecute traffickers. The Convention
applies to all forms of trafficking, whether national or
international, and whether related to organized crime. It applies to
men, women and children equally, whatever the form of exploitation
(labor or sex acts). The Convention provides a mechanism to
guarantee each signatory's compliance with its provisions.
Significantly, Slovakia is one of only 14 COE countries that have
ratified this Convention
In the past several years, Parliament has amended and ratified other
relevant trafficking legislation to conform to EU directives and UN
requirements, such as the UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children. In
2006, Parliament passed a law on victim assistance requiring police
to provide victims of any crime information on organizations that
can help them.
The country participates in all EU structures and working groups in
the field of justice and home affairs that seek to monitor and
control trafficking in persons. According to UNHCR, Slovakia
incorporated higher standards into its laws than the EU minimum
requirements for protection of refugees and asylum seekers.
¶B. PENALTIES FOR SEXUAL EXPLOITATION TRAFFICKING
The GOS increased the minimum sentences for trafficking in 2006. The
provision on trafficking (both for the purpose of sexual and labor
exploitation) states that any person, who entices, enlists,
transfers or receives another person to or from abroad with the
intention to engage such person in sexual intercourse or
exploitation is liable to a term of imprisonment of four to ten
years. A four to 10 year sentence is also applicable to a person
who exploits another person through forced labor, involuntary
servitude, slavery, or other similar forms of exploitation. The
penalty increases to a 7 to 12 year prison term if a) the
perpetrator gains considerable profit, b) the offense is committed
against a protected person, c) the offense is committed with a
special motive, or d) the offense is committed in conjunction with
another grave illegal activity, such as organized crime. The penalty
increases to 12 to 20 years if a) the perpetrator gains extensive
profit, b) the offender causes serious bodily harm or death or other
extraordinarily serious effect, or c) the offense is committed as a
member of a dangerous group. Lastly, a term of 20 to 25 years can be
applied if the perpetrator gains large scale profit or causes
serious bodily harm to or the death of multiple persons.
The Ministry of Justice reported that 6 out of the 7 sex traffickers
convicted in 2007 received suspended sentences. Only one received
jail time.
¶C. PENALTIES FOR LABOR TRAFFICKING
The penalty for trafficking for labor exploitation is the same as
for trafficking for sexual exploitation.
There were no convictions of labor traffickers during the reporting
period. The first and only case was reported in mid-February 2008,
when a group of 8 Vietnamese nationals were found working in a
BRATISLAVA 00000093 005 OF 011
Bratislava-area cigarette factory. The Vietnamese were turned over
to the Border and Alien police. The investigation into the case has
just begun, and few details are yet available. Post will continue to
monitor the case.
¶D. PENALTIES FOR RAPE
The range of sentencing for rape is five to 10 years' imprisonment
and could be increased to 7 to 15 years depending on the age of the
victim or whether violence was used. The sentence may be further
increased to 15 to 20 years if the act results in serious bodily
harm, and 20 to 25 years if the perpetrator causes the death of the
victim or the crime is committed in a crisis situation. The
penalties for rape are on par with penalties for trafficking for
commercial sexual exploitation.
¶E. PROSTITUTION
Prostitution is neither illegal nor legal in Slovakia, nor is it
regulated. The Criminal Code prohibits pimping activities,
including coercing or taking advantage of or gaining from the
prostitution of others. Sentences range from one to 15 years
depending on the age of the victim, method in which the crime was
committed, whether organized crime was involved, and whether the
crime resulted in bodily harm or death. If the offense involves
children under the age of 15 or between 15 and 18, the Criminal Code
adds three to 10 and seven to 12 years to the sentences
respectively. Because prostitution is not regulated, there is no
minimum age at which a person may legally choose to be a prostitute.
However, the minimum age of consensual sex is 15. Sex with a minor
aged 14 or younger is considered statutory rape regardless of the
circumstances. Local governments can prohibit the offer of sexual
services in public places and offenders can be fined.
¶F. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
The government actively investigates cases of trafficking through
the specialized anti-trafficking unit at Police Headquarters in
Bratislava. The anti-TIP unit first conducts a preliminary
investigation, then assists local police officials directly involved
with the case, or assists investigators from the Bureau for
Organized Crime if the case involves organized crime or has
international implications. The police conduct inspections of
suspected places of prostitution, and monitor internet sites.
At the regional level, TIP is investigated by four specialized
officers (two in the city of Zilina, one in the city of Trnava, and
one in the city of Kosice) who have experience in related crimes,
such as pimping, rape and other sexual violence.
.
Slovakia criminally prosecutes labor recruiters who use false or
deceptive offers of employment, or who confiscate employee's
passports. Articles 179, 181-184 and Article 241 of the anti-TIP law
are used to prosecute such cases.
The Slovak criminal code allows for the possibility of parole after
an inmate serves two-thirds of his or her sentence. In the case of a
serious crime (with a sentence of more than 8 years) courts can
grant parole only after three-fourths of the sentence is served. In
the case of a life sentence, the court can ban parole completely, or
grant it after 25 years served.
According to official statistics, police investigated 13 cases of
trafficking during the reporting period. Perpetrators were
identified in four cases. Of these, 16 individuals were brought to
trial, resulting in 7 convictions. According to police, all of these
cases concerned sex trafficking. Two cases involved victims who were
minors.
¶G. TRAINING
The 10 officers in the Police Anti-trafficking unit located in
Bratislava were fully trained in TIP. In addition to the regional
officers in Zilina, Trnava, and Kosice, most police districts have
one officer who receives at least some additional instruction and,
among his/her other duties, serves as a point of contact with the
Anti-trafficking unit. For the rest of the police corps,
trafficking in persons is addressed in educational modules
concerning victim protection and human rights at the police
academy.
In 2007, the MOI published a training manual aimed at police
officers. The manual defined TIP, explained how to identify victims,
and how to refer those victims to appropriate assistance programs.
It also listed extensive contact information that police can
utilize, including names and phone numbers for the MOI, Anti-TIP
police in Bratislava, and several NGOs.
BRATISLAVA 00000093 006.2 OF 011
HOWEVER, MORE TRAINING IS NECESSARY FOR BORDER POLICE, CUSTOMS
OFFICIALS, AND STAFF AND SOCIAL WORKERS AT THE REFUGEE CAMPS AND
ASYLUM RECEPTION FACILITIES. THOUGH OFFICERS HAVE RECEIVED SOME
TRAINING, SOME IOS ARE CONCERNED THAT POLICE, ESPECIALLY BORDER
POLICE, DO NOT DEVOTE SUFFICIENT EFFORT TO TIP DETECTION AND
PREVENTION. ACCORDING TO IOS INTERVIEWED FOR THIS REPORT,
GOVERNMENT OFFICIALS "AT THE TOP" ARE GENUINELY WORKING TO ELIMINATE
TIP, BUT THE CONCEPT HAS NOT SUFFICIENTLY TRICKLED DOWN TO THE
AVERAGE LAW ENFORCEMENT OFFICER WHO DEALS WITH THE ISSUE ON A DAILY
BASIS.
¶H. INTER-GOVERNMENTAL COOPERATION
THE GOS COOPERATES WITH FOREIGN GOVERNMENTS IN THE INVESTIGATION AND
PROSECUTION OF TRAFFICKING CASES. THE POLICE ANTI-TRAFFICKING UNIT
EXPLAINED THAT MOST TRAFFICKING CASES REQUIRE AN INTERNATIONAL
INVESTIGATION. SLOVAK EMBASSIES HAVE A POLICE ATTACHE WHO ASSISTS
WITH JOINT INVESTIGATIONS. MANY INTERNATIONAL INVESTIGATIONS OCCUR
IN THE FRAMEWORK OF INTERPOL AND EUROPOL. THE SPECIALIZED
TRAFFICKING UNIT NOTES THAT THE LACK OF ENGLISH LANGUAGE ABILITY
AMONG SLOVAK POLICE SOMETIMES LIMITS INVESTIGATIONS.
IN FEBRUARY, 2008 MOI STATE SECRETARY CECOT ATTENDED THE UNODC
TRAFFICKING IN PERSONS CONFERENCE IN VIENNA TO PRESENT AN UPDATE ON
WHAT SLOVAKIA IS DOING TO COMBAT TIP, AND TO OFFER BRATISLAVA AS THE
SEAT OF A NEW INTERNATIONAL INFORMATION CENTER FOR TRAFFICKING IN
PERSONS.
¶I. EXTRADITION
BASED ON THE LAW ON CRIMINAL COURT PROCEDURES, SLOVAKIA CAN
EXTRADITE PERSONS FOR ANY CRIME WITH A CORRESPONDING SENTENCE LONGER
THAN ONE YEAR, EXCEPT A CRIME POLITICAL IN NATURE. SLOVAK CITIZENS
CAN ONLY BE EXTRADITED WHEN GOVERNED BY A TREATY SIGNED BY SLOVAKIA.
THE UN CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME ALLOWS FOR
SLOVAKIA TO EXTRADITE TRAFFICKERS. SLOVAKIA HAS A BILATERAL
EXTRADITION AGREEMENT WITH THE U.S. WHICH ALLOWS FOR THE EXTRADITION
OF NON-SLOVAKS TO THE UNITED STATES. DURING THE REPORTING PERIOD,
SLOVAKIA EXTRADITED ONE CITIZEN TO AUSTRIA TO FACE TIP CHARGES.
¶J. GOVERNMENT INVOLVEMENT IN TRAFFICKING
THERE IS NO EVIDENCE OF GOVERNMENTAL INVOLVEMENT IN OR TOLERANCE OF
TRAFFICKING. DESPITE GOVERNMENTAL EFFORTS TO COMBAT PETTY
CORRUPTION ON THE BORDERS AND AMONG POLICE, THE PROBLEM STILL
EXISTS. HOWEVER, THE CRIMINAL ACTIVITIES OF THESE INDIVIDUALS DO
NOT REFLECT INSTITUTIONAL ACCEPTANCE ON A LOCAL OR NATIONAL LEVEL.
¶K. STEPS TO END GOVERNMENT INVOLVEMENT IN TRAFFICKING
ACCORDING TO POLICE SOURCES, THERE WERE NO CASES OF GOVERNMENT
OFFICIALS INVOLVED IN TRAFFICKING.
¶L. INVESTIGATION AND PROSECUTION OF NATIONALS DEPLOYED ABROAD
DURING THE REPORTING PERIOD, SLOVAKIA DID NOT REPORT ANY CASES OF
TRAFFICKING INVOLVING NATIONALS DEPLOYED ABROAD.
¶M. CHILD SEX TOURISM
SLOVAKIA IS NOT IDENTIFIED AS A DESTINATION FOR CHILD SEX TOURISM.
THE TRAFFICKING IN CHILDREN LAW, LIKE THE TRAFFICKING IN PERSONS
LAW, REFLECTS EXTRATERRITORIALITY.
---------------------------------------------
------------------------------
¶4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS
---------------------------------------------
------------------------------
¶A. VICTIM ASSISTANCE
SLOVAK LAW PROVIDES FOR A RENEWABLE 40-DAY "TOLERATED STAY" FOR
FOREIGN VICTIMS OF SERIOUS CRIMES, INCLUDING TRAFFICKING IN PERSONS.
THIS STATUS GIVES THE VICTIM THE RIGHT TO WORK. THERE ARE SOME
CONCERNS THAT THE LAW IS NOT AS THOROUGH AS IT SHOULD BE TO PROVIDE
LONG-TERM PROTECTION TO VICTIMS. FOR EXAMPLE, POLICE HAVE THE RIGHT
TO DECLINE TO RENEW THE TOLERATED STAY IF THE VICTIM DECIDES NOT TO
COOPERATE WITH THE LAW ENFORCEMENT INVESTIGATION. WITHOUT THE
RENEWED STAY, IT APPEARS THAT THE LAW WOULD LEAVE THE VICTIM WITHOUT
LEGAL STATUS IN SLOVAKIA, THEREBY SUBJECT TO DEPORTATION. HOWEVER,
A FOREIGN VICTIM HAS THE RIGHT TO APPLY FOR ASYLUM AND THEREBY
RECEIVE "SUBSIDIARY PROTECTION" STATUS. IN ADDITION TO THE
"TOLERATED STAY" LAW, SLOVAK AUTHORITIES ARE REQUIRED TO POSTPONE
DEPORTATION OF ANY THIRD-COUNTRY NATIONAL WHO SEEKS TO ENTER A
BRATISLAVA 00000093 007 OF 011
witness protection program or who claims asylum, thus providing
temporary residency status.
The IOM runs a specialized victims' assistance program exclusively
for repatriated Slovaks. According to IOM, the situation in
Slovakia has improved dramatically in recent years. The focus on
increased victims support - including legal, psychological, medical,
and social assistance - by the competent government Ministries has
increased the country's capacity to help victims and encouraged
returning victims to seek assistance. The IOM told post that
cooperation with the MOI is continually improving, and it hopes to
eventually hand over its operations to local NGOs, which will then
operate with GOS funding.
¶B. VICTIM CARE FACILITIES
Access to legal, medical, and psychological services for victims
(both foreign and domestic) were the cornerstone of Slovakia's first
National Program.
During the reporting period, NGO's assisted approximately 47
trafficking victims ( a decrease from 60 reported last year). NGO
Dotyk reported assisting four victims (using MOI funding), and the
IOM reported 30 victims. The remaining 13 victims received
assistance from Dotyk outside of the MOI pilot program.
The government provides dedicated shelters through its NGO programs.
The MOI signed three cooperative agreements with NGOs in February
2007, providing funding levels of USD 68,000. Through this program,
the NGO Dotyk provided assistance to four victims, including shelter
and health services.
¶C. FUNDING FOR NGOS
In December 2007, the MOI made public a request for proposals for
anti-TIP victim assistance projects for 2008. By January 2008, MOI
had received 7 proposals, and in February 2008 it made awards to
five NGOs (IOM, Dotyk, Slovak Catholic Charity, Prima and the
Cultural Association of Roma in Slovakia). For 2008, the funding of
NGOs is expected to be approximately USD 227,000.
The December 2007 call for proposals highlights one area in which
the GOS has drastically improved. The request was published on MOI's
website, a move welcomed by NGOs and international observers. In
contrast, during the previous reporting period, MOI's request for
proposals was facilitated mainly by representatives from MOI
inviting NGOs of their choosing to submit bids. Post applauds the
new, public approach by MOI in inviting proposals. Post believe
this added transparency is beneficial to all stakeholders.
¶D. IDENTIFYING AND REFERRING VICTIMS
During the reporting period, police identified and referred 15 TIP
victims to NGOs, based on a law requiring authorities to provide
information about organizations offering support services to
potential victims. The Anti-Trafficking Unit screens and refers
victims who are actively participating in the investigation process
or witness protection.
¶E. SCREENING FOR TRAFFICKED VICTIMS AMONG LEGAL SEX WORKERS
Prostitution is neither legal nor illegal in Slovakia, and therefore
is not regulated.
¶F. RIGHTS OF VICTIMS
When an individual is identified as a trafficking victim, the
victim's rights are respected and he or she does not face fines or
jail sentences. However, it has been reported that unidentified
victims have been treated as illegal migrants or prostitutes and
have been detained or deported.
¶G. VICTIM ASSISTANCE IN INVESTIGATION AND PROSECUTION OF
TRAFFICKERS
The government encourages victims to assist in the investigation and
prosecuting of trafficking. Further, victims may file civil suits or
seek legal action against traffickers. According to the IOM,
victims are reluctant to do so because of lengthy trials and the
perceived lack of psychological, financial, and legal assistance,
though the National Coordinator believes an increased support
network will help this perception.
As stated above in Section 4, Para A, victims may take advantage of
a 40-day "tolerated stay" law which can be renewed and allows them
to work.
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Slovakia has a victims' compensation law (No.215/2006) which allows
for a one-time reimbursement for victims of violent crimes. The
compensation is provided by the Ministry of Justice.
¶H. PROTECTION FOR VICTIMS AND WITNESSES
The government provides witness protection for victims, based upon a
decision by an inter-ministerial committee. NGOs, through their
victim assistance grants, provide protection for victims housed in
their shelters by the use of a private security firm. Other witness
protection measures include recorded testimony or testimony through
video connection, which is now mandatory for minors. Another law
explicitly states that the victim and perpetrator must be kept
separate during the judicial procedure, thus requiring video
testimony for most current trafficking cases. Outside of the
witness protection program, MOI will fund up to 40 days of care for
victims, including any services deemed necessary on an individual
basis. According to the MOI, juvenile victims are housed separately
from adult victims.
As stated in Section 4, para B, four victims were assisted by
government-funded shelter program though the NGO Dotyk, while 43
victims were assisted by non-government-funded programs through
Dotyk and the IOM.
¶I. TRAINING FOR GOVERNMENT OFFICIALS
During the reporting period, the MOI -- through the Institute for
Public Administration -- trained 50 employees of local and state
governments in TIP. The training included how to communicate with
victims, victim assistance, and general information about TIP. TIP
is included in the human rights curriculum at the Police Academy,
and during the reporting period, 400 police officers participated in
post-graduate TIP training. The Government Council for Crime
Prevention conducted TIP training for 90 municipal police from
throughout Slovakia, and the Judicial Academy of the MOJ conducted a
seminar for judges and prosecutors on the status and rights of
victims in criminal procedures, which also focused on communication
with victims. Lastly, the MOL created a plan to educate local
governments, central government branches and law enforcement
agencies on trafficking and victim assistance. Slovak missions
abroad provide travel documents, assistance with money transfers,
contacting relatives, arranging services, and travel home. The
Ministry of Foreign Affairs helps refer repatriated victims to NGOs
for assistance. In some foreign missions, it is permissible to
allow temporary accommodation and boarding. Slovak embassies abroad
and NGOs cooperate according to the needs exhibited in the host
country.
¶J. GOVERNMENT ASSISTANCE
The 40-day MOI-funded assistance program is available to repatriated
Slovak citizens as well as foreign victims identified in Slovakia,
though during the reporting period, no foreign victims were
assisted.
¶K. NGO ASSISTANCE
Most NGOs aiding trafficking victims in Slovakia are domestic,
although they may have loose cooperation agreements with NGOs
abroad. Some of these Slovak NGOs are: the Alliance of Women,
Dafne, Dotyk, Prima, Storm, Slovak Catholic Charity, the Cultural
Association of Roma in Slovakia, and Victims' Support Slovakia.
They provide a wide range of services, from preventive awareness
education and identifying victims to arranging for repatriation
transport to post-trafficking needs such as medical, mental health,
legal, and protective services, and work re-training courses. As
stated in Para A, the IOM's program is tailored to assist
repatriated victims returning to Slovakia from abroad.
New to this reporting period is the emergence of the Cultural
Association of Roma in Slovakia (the "Association") as a MOI-funded
player in the fight against TIP. The Association - one of the NGOs
awarded grant money for the National Program's 2008 budget - plans
to focus on prevention by training Roma social workers on TIP and by
supporting TIP prevention activities in Roma communities. It also
aims to create a communication and information network that can
assist victims in seeking counseling and other services.
NGOs received USD 68,000 in 2007 for anti-TIP programs. For 2008,
NGO funding is expected to be approximately USD 227,000.
-------------------------------
¶5. (SBU) PREVENTION
-------------------------------
¶A. ACKNOWLEDGMENT OF THE PROBLEM
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The Slovak government and officials acknowledge trafficking in
persons as a problem.
¶B. ANTI-TRAFFICKING CAMPAIGNS
Government officials and agencies cooperated with NGOs on
anti-trafficking information and education campaigns, targeting
potential trafficking victims, but also educating local government
workers, teachers, students, community centers, journalists, local
police, and the border and alien police The GOS estimates that
through these programs, it reached over 2000 people, including 24
journalists, 90 city and municipal police, and 50 local government
officials.
During the process to join the EU Schengen Zone, the MOI published a
brochure educating citizens about the risks of trafficking in
persons. The 30 page booklet contains 11 pages totally dedicated to
anti-TIP information.
Further, the GOS made an effort to identify and help current and
potential victims by making available to NGOs brochures about
trafficking. The brochures were written in 9 languages (English,
Vietnamese, Russian, Roma, Moldovan, Ukrainian, Polish, Hungarian,
and Slovak). The brochure asks specific questions such as, "Are you
being forced to work as a prostitute?"; "Are you being forced to
work in a household or elsewhere?"; "Do they threaten you with
violence?"; "Are they threatening your relatives?"; and, "Did they
promise you something different?". The brochures, which were
distributed by NGOs in areas where potential victims might be found,
contain a hotline telephone number that victims can call.
¶C. RELATIONSHIP BETWEEN GOVERNMENT AND NGOS
Cooperation exists between the government, NGOs, foreign embassies,
and other international organizations focused on trafficking through
working groups and committees. Police worked with NGOs to receive
training on victim identification and assistance, and are required
by law to inform victims about how and where to find local support
services. NGO leaders stated that police have begun to contact them
directly about certain cases and communication continues to improve.
IO's interviewed for this report emphasized the improved atmosphere
of cooperation and collaboration between NGOs and the GOS during the
reporting period.
¶D. MONITORING OF BORDERS
The MOI has continually strengthened border protection mechanisms
and improved cross-border cooperation, particularly to gain
eligibility for the Schengen Treaty, which it achieved in December
¶2007. However, Slovakia continues to be a transit country for
illegal migrant smuggling to Western Europe.
The United Nations High Commissioner for Refugees (UNHCR) believes
that the majority of smuggled or trafficked persons that have
claimed asylum in Slovakia "disappear" by terminating their asylum
cases after being registered at reception and refugee facilities.
Slovakia has made progress in deterring illegal migration across its
borders: in the past year, the number of new asylum cases decreased
by 8 percent, to 2,643 (from 2,849 last year). The number of asylum
seekers who terminate the procedure increased to 64 percent (1,693
out of 2,643) versus last year, when 34 percent of seekers
terminated their cases. The number of asylum cases granted remains
below one percent.
UNHCR notes that better implementation in recent years of Slovakia's
Readmission Treaty with Ukraine has reduced the number of migrants
in Slovakia An agreement among the GOS, NGOs and UNHCR allows NGOs
to monitor the border situation to ensure that asylum seekers are
not sent back to their country of origin. The Ministry of Labor
funds a facility for unaccompanied minors. NGO field workers in
asylum centers believe that all involved would benefit from TIP
awareness training, including themselves, Migration Office staff,
and the asylum-seekers.
NGOs, UNHCR and IOM also continue to conduct police training and
have cooperated with border police to identify potential trafficking
victims among migrant populations. This cooperation with police has
increased and is generally positive, according to NGO
representatives.
¶E. INTER-GOVERNMENTAL COORDINATION
The National Coordinator at the MOI is the point for
inter-governmental coordination on trafficking. Within his office,
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he has designated the Director of the Department of Security
Strategies to be the working-level point of contact. The National
Coordinator convened a high-level Expert Group-which meets at least
once a year -- to approve strategies to fight trafficking in
persons. The group is designed to have the political weight to
enforce measures to combat TIP. The Expert Group includes Directors
and State Secretaries from the Ministries of the Interior, Justice,
Labor, Finance, Health, and Foreign Affairs, as well as, the office
of the Deputy Prime Minister, the General Prosecutor, three NGOs,
and IOM
There was evidence of improved inter-governmental coordination
during the drafting of the updated National Action Plan. The MOI
reports improved cooperation with the Ministries of Justice,
Education, Finance, Health, Labor and Social Affairs and Foreign
Affairs. These agencies were asked for their input and criticisms
during the drafting of the Plan, which greatly assisted the MOI
staff.
¶F. NATIONAL ACTION PLAN
The National Program contains a National Action Plan for the fight
against trafficking in persons. The plan calls for the establishment
of an increased network of victim support services (specifically
regarding legal, psychiatric, medical, and social assistance), the
creation of repatriation protocols for Slovak victims identified
abroad, and increased media and youth outreach campaigns.
The agency responsible for its development is the MOI, in
cooperation with ministries listed in Section 5, para E.
Significantly, the MOI - as it conducted its draft process for the
2008-2010 Program (and, subsequently, the National Action Plan) -
consulted NGOs for the first time, tapping into their knowledge base
and expertise.
¶G. REDUCING DEMAND FOR COMMERICAL SEX ACTS
The new criteria required by the TIP report were communicated to the
GOS during the reporting period. As a result, the draft update of
the National Program includes provisions for information campaigns.
Specifically, the information campaigns will involve television and
print media, educating the public about the criminal consequences of
participation in illegal commercial sex acts. The MOI will be
responsible for carrying out the campaign. The funding levels in the
2008-2010 National Program for these activities will be USD 22,000.
¶H. MEASURES TO REDUCE PARTICIPATION IN CHILD SEX TOURISM
The Anti-Trafficking Unit of the police did not report any cases of
Slovak nationals who had traveled abroad for child sex tourism
during the reporting period. Thus, the GOS has not taken any
measures to address this issue.
¶I. MEASURES TO ENSURE NATIONALS DEPLOYED ABROAD DO NOT ENGAGE IN
TIP-RELATED ACTIVITIES
The draft update of the National Program provides for an anti-TIP
information/education program for government personnel stationed
abroad. This training will also focus on the consequences of
participation in illegal commercial sex acts. The MOI and Ministry
of Defense will be responsible for the program, which will be
incorporated into police and military personnel basic training. The
MOI plans to measure the success of this program by the number of
members of police and armed forces trained. Funding allotted for
this program will be a portion of the USD 22,000 allotted for the
reduction of commercial sex acts (see Para G above).
-----------------------------
¶6. (SBU) Best Practices
-----------------------------
In November 2007, the MOI organized an anti-TIP seminar, inviting a
large group of stakeholders, including the Expert Group, other
government agencies, NGOs and charities. The group, informally
dubbed the "TIP Roundtable" met for two days to share points of
view, criticisms, and ideas for improvement in anti-TIP practices.
The seminar participants highly appreciated the opportunity to meet
and discuss these issues as a group for the first time. Some
participants have told post that the open and informal atmosphere
allowed stakeholders to speak frankly about the GOS approach to
anti-TIP activities. The MOI, in cooperation with the Ministry of
Foreign Affairs, is planning another seminar for March 31 - April 1,
2008 with a focus on the international face of TIP. Expected to
attend are: representatives from the EU Parliament, UNODC, IOM, V-4
countries (Hungary, Czech Republic, and Poland), Austria and
Ukraine. This informal "Roundtable" - with its focus on dialogue and
cooperation among stakeholders, is a good example of how Slovakia is
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moving ahead in addressing the problem of TIP.
OBSITNIK