VZCZCXYZ0331
OO RUEHWEB

DE RUEHVJ #0398/01 0630655
ZNR UUUUU ZZH
O 030655Z MAR 08
FM AMEMBASSY SARAJEVO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7943
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEAUSA/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY

UNCLAS SARAJEVO 000398 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP (DONNELLY), G, INL, DRL, PRM, EUR/PGI, EUR/ 
SCE (FOOKS/STINCHCOMB), DOJ FOR ALEXANDRE 
 
E.O. 12958: N/A 
TAGS: ASEC ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
BK 
SUBJECT: BOSNIA - SUBMISSION FOR 2008 TIP REPORT 
 
REF: STATE 2731 
 
¶1. (U) Summary: This cable constitutes Post's submission for 
the 2008 TIP report for Bosnia and Herzegovina (BiH). Post's 
point of contact for trafficking issues is Poloff Danielle 
Harms, phone 387-33-445-700 x2312, fax 387-33-659-722, e-mail 
 
HarmsDA@state.gov. Time spent in preparing report: Poloff 
(FS-03): 30 hours; Pol FSN (FSN-08): 30 hours; End Summary. 
 
OVERVIEW 
-------- 
 
¶2. (SBU) Question 27: 
 
-- A: The country was a destination, transit point, and, to a 
greater extent, country of origin for women and girls 
trafficked for sexual exploitation. To date, there have been 
no registered cases of males trafficked for sexual 
exploitation, although there are reports that Romani 
children, including boys, have been trafficked for forced 
labor to serve in begging rings. There were no reliable 
estimates on the exact number of victims trafficked during 
the year as trafficking moved further underground, increasing 
the difficulty of estimating the scope of the problem.  The 
State Coordinator oversees the government's TIP database, 
which compiles information from NGOs, the State Investigative 
and Protection Agency (SIPA), the State Border Police (SBP), 
local, entity- and state-level police agencies, and 
prosecutors' offices.  During the reporting period the Office 
of the State Antitrafficking Coordinator registered 47 total 
trafficking victims from within its referral mechanism.  Of 
the 47 total, 24 were identified when they received 
assistance at shelters run by NGOs working to combat 
trafficking.  Police from SIPA identified the additional 23 
victims.  Of the total victims, 38 (almost 80 percent) were 
domestic victims, indicating a dramatic increase in the 
number of domestic victims.  The remaining nine victims were 
foreign, four from Serbia, and one each from Ukraine, 
Moldova, Romania and Croatia. Almost half of the total, or 22 
victims, were minors. 
 
Although there are no reliable estimates, women may have been 
trafficked on to Western Europe. During the reporting period, 
the Office of the State Coordinator was informed about a 
Romani girl who was trafficked from Bosnia to Italy. Those 
who transited the country generally continued on via Croatia. 
 
 
Trafficking largely occurs within the country's borders, 
especially with domestic victims.  The most common domestic 
age group recruited for sexual exploitation is women between 
18 and 25 years old, although there were also a growing 
number of underage victims -- some as young as 13. Among 
domestic victims, Roma women and teenage girls, those with 
mild developmental disabilities, orphans and those from 
destroyed or single-parent households were more likely to be 
recruited.  For all domestic victims, poverty was a 
contributing factor. The main source on the number of 
trafficking victims assisted during the reporting period was 
the Ministry of Security's Office of the State Coordinator. 
The State Coordinator oversees the government's TIP database 
which compiles information from NGOs, the State Border Police 
(SBP), local, entity and state-level police agencies and 
prosecutors offices. 
 
-- B. While there was an overall decrease in the number of 
assisted victims during the reporting period, from 71 in 2006 
to 47 in 2007, trafficking of local women and girls who were 
recruited by local human trafficking networks rose 
dramatically.  This is a possible indicator that government 
efforts to interdict and prevent cross-border trafficking 
have forced criminal organizations to resort to increased 
internal trafficking at the local level.  The number of minor 
victims also increased as the number of foreign victims 
continued to decrease. 
 
According to non-governmental organizations that work on 
combating trafficking in persons, most foreign victims were 
lured by false job offers advertising employment as dancers, 
waitresses, and domestic servants.  Some NGOs reported that 
trafficking victims were increasingly lured into the country 
by promises of marriage to traffickers or their associates, 
while others knowingly entered into false marriages to obtain 
work and residence permits.  Most trafficked women entered 
the country through Serbia or Montenegro.  Many foreign 
victims arrive in BiH via legal border crossings with Serbia 
or Montenegro and carry real or false identity cards. 
Domestic victims being moved to Croatia usually travel on 
genuine identity cards. Passports are not required for BiH 
citizens to enter either Serbia, Montenegro or Croatia (and 
vice versa for citizens of those countries), which provides 
for ease of transit. 
 
In response to police pressure, the criminal modality linked 
to sexual exploitation within BiH has shifted from "night 
bars" and restaurants, cafes and gas stations to private 
apartments and houses.  Traffickers are increasingly sending 
women on calls or bringing would-be clients to safe-houses. 
The use of intermediaries, including taxi drivers, bar 
operators, pensioners at cafes or others to tip-off or bring 
clients to a location where victims are held was becoming 
more common. 
 
Traffickers in BiH are generally part of small, local 
criminal organizations that are loosely affiliated and 
maintain ties to similar organizations in other countries, 
especially in neighboring Croatia, Serbia and Montenegro. 
Large international organized crime syndicates are rarely 
overtly involved in trafficking in persons.  There were no 
specific reports of employment, travel or tourism agencies 
having involvement in trafficking.  There were rumors, 
however, that minor girls, especially within the Romani 
community, were trafficked by family members or others into 
arranged marriages that may have been a front for trafficking. 
 
Recruitment methods vary, but include job offers in Western 
Europe, false marriages to traffickers' associates to obtain 
residency permits and jobs, and girls being sold by their 
parents.  Traffickers also attract customers via classified 
ads in a wide range of publications and through radio 
announcements.  There has also been an increase in reports of 
forcibly "recruiting" women, especially minors, into 
trafficking through the threat of physical violence if the 
girls do not comply.  Because of high unemployment rates, 
employers also successfully target women working in 
unregistered jobs on the black market, forcing them to 
perform sexual acts at the risk of losing their jobs. There 
have also been increased reports of traffickers in returnee 
areas targeting young orphan girls and manipulating 
identification cards to pose as their relatives. 
 
Victims are usually kept in private apartments, motels, 
gas-stations, or driven to a location where they are forced 
to provide sexual services to pre-arranged clients.  There 
are several reports of victims working in conditions akin to 
slavery, with little or no financial support. In some cases, 
traffickers paid victims some wages so that they could send 
money home to their families. Traffickers coerced victims to 
remain in these situations through intimidation, verbal 
threats, seizure of passports, withholding of food and 
medical care, and physical and sexual assault. To keep 
victims in the country legally, traffickers also made victims 
apply for asylum since, as asylum seekers, they were entitled 
to remain in the country until their claims could be 
adjudicated. 
 
-- C. The Office of the State Coordinator for Antitrafficking 
within the Ministry of Security (MOS) has the lead role in 
anti-TIP efforts.  The State Coordinator's mandate includes 
coordination of victim protection efforts among NGOs, law 
enforcement and government institutions. The BiH State 
Prosecutors Office has exclusive jurisdiction over 
trafficking cases and can decide which cases to prosecute at 
the state-level and which to send to the entity-level.  A 
nationwide interagency investigative task force to combat 
trafficking, the Antitrafficking Strike Force, was chaired by 
the chief state prosecutor and included prosecutors, police, 
and financial investigators who targeted trafficking and 
illegal migration.  The following government agencies are 
also involved: at the state-level, the Ministry of Human 
Rights and Refugees, the State Investigation and Protection 
Agency (SIPA), the State Border Police (SBP), the Ministry of 
Justice, the Ministry for Foreign Affairs, and the Ministry 
of Civil Affairs. At the entity-level, the Ministries of 
Interior (MUPs), Ministries of Health, Ministries of Labor 
and Social Welfare and Ministries of Education contributed to 
antitrafficking efforts. Prosecutors at the state, entity and 
local levels are also involved. 
 
--D. The government's ability to address TIP is limited in 
practice due to limited funding and the complexity of 
Bosnia's political structure. In 2008, the government will 
disperse an estimated total of $247,000 to combat trafficking 
in persons.  The Office of the State Coordinator will receive 
$150,000 as direct assistance for trafficking victims, to be 
disbursed according to the number of victims assisted and the 
length of time victims receive assistance.  An additional 
$22,400 will be provided through the Ministry of Human Rights 
and Refugees, primarily for the repatriation of domestic 
victims.  The BiH government also budgeted $74,600 for 
operational costs of the Office of the State Coordinator and 
for implementation of the activities foreseen in the National 
Action Plan and Operational Plan. The Ministry of Security 
has also approved funding of between $160,000-$200,000 for 
the repatriation of foreign citizens, including foreign 
victims of trafficking. 
 
--E. The government monitors anti-trafficking efforts in a 
number of ways. The Antitrafficking Strike Force, which meets 
three times a month and includes police and prosecutors from 
all agencies and entities, monitors the progress of TIP 
investigations and prosecutions and reports to the State 
Coordinator. There is also a working group with NGO and 
international community representatives, chaired by the State 
Coordinator, which assesses prevention and protection issues. 
There are also a number of thematic working groups on 
specific areas of concern, including trafficking of children. 
The State Coordinator publishes a quarterly newsletter that 
is sent out via e-mail to NGOs and other stakeholders. The 
State Coordinator also publishes (in print and electronic 
versions) its Annual Report on trafficking, which includes 
data gathered from prosecutors, NGOs and police agencies 
throughout BiH. The State Coordinator's Office 
antitrafficking website is at www.antitrafficking.gov.ba. 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶3. (SBU) Question 28: 
 
--A. Article 186 of the BiH Criminal Code prohibits 
trafficking for sexual exploitation, forced labor and organ 
transplantation. Article 186 covers the "recruitment, 
transfer, harboring or receipt" of trafficked persons, making 
it applicable to both transnational and internal trafficking. 
 Article 187 of the BiH Criminal Code prohibits international 
procurement for prostitution, and provides prosecutors with 
another option in pursuing international traffickers. 
Articles 186 and 187 of the Criminal Code are harmonized with 
the Palermo Protocol.  If the evidence is not sufficient to 
support prosecution under Articles 186 and 187, traffickers 
may also be prosecuted at the state level for slavery 
(Article 185, which also prohibits selling children for 
adoption), unlawful withholding of identity papers (Article 
188) and alien smuggling (Article 189).  The Federation and 
RS Criminal Codes also prohibit trafficking and related 
crimes.  Pimping is a major crime (equivalent to a felony) 
under both state-and entity level criminal codes.  A number 
of traffickers have been prosecuted for pimping and pandering 
where the evidence was not sufficient to support an 
indictment for trafficking. Taken together, these laws 
adequately cover the full scope of trafficking in persons. 
In addition to criminal penalties, some NGOs are assisting 
victims in filing civil compensation claims for medical 
bills, pain and suffering, lost wages, etc.  At this time, 
BiH's criminal asset forfeiture law requires proof that all 
items being seized were acquired with the proceeds of illegal 
activity.  In practice, this standard is difficult to meet 
and can easily be defended by  traffickers, so criminal asset 
forfeiture has not been widely used in TIP or organized crime 
cases.  Misunderstandings are common because of the existence 
of four different penal codes, with the state, Federation, RS 
and Brcko District maintaining distinct criminal statutes. 
Courts are often confused as to which law, i.e. state versus 
entity, to apply. 
 
In 2007, the government ratified the Council of Europe 
Convention on Action Against Trafficking in Persons, the 
first European agreement in this area. This Convention 
focuses on protection of trafficking victims and their 
rights.  At the proposal of the State Coordinator's Office, 
the Council of Ministers adopted in July, 2007 The Rules on 
Protection of Victims and Witnesses of Human Trafficking who 
are Citizens of Bosnia and Herzegovina. The Rules were 
adopted as a binding standard of protection of human rights 
for BiH victims and victim witnesses of human trafficking and 
establish principles and common operational standards 
relating to identification procedures, protection and 
assistance, primary and secondary prevention and other 
activities benefiting the protection and assistance of 
victims and witnesses of TIP from Bosnia and Herzegovina. 
 
At the end of 2007, the State Coordinator's Office finalized 
the new National Action Plan for 2008-2012.  Using a human 
rights based approach, the new Action Plan foresees a 
comprehensive package of goals and measures in the areas of 
prevention, protection and prosecution for the next five 
years.  To ensure the effective implementation of these 
goals, the new Action Plan also includes measures for the 
evaluation of implemented activities and for the referral of 
trafficking victims.  The Council of Ministers is expected to 
adopt the Action Plan in the near future. 
 
--B.  The maximum penalty for any trafficking offense under 
Article 186 is ten years' imprisonment; defendants may be 
sentenced to a total of 15 years if certain aggravating 
circumstances are present.  During the reporting period, 
Federation Courts convicted three individuals under Article 
186, one of whom received a suspended sentence.  In the 
Republika Srpska,  one person charged with trafficking was 
acquitted when the prosecutor withdrew charges.  The BiH 
State Court handed-down verdicts in 43 cases, and in 32 of 
these cases the individual received a suspended sentence -- 
11 as a result of plea bargains. No individuals received 
fines as punishment. 
 
--C. Bosnian law does not differentiate between trafficking 
for sexual purposes and trafficking for labor. 
 
--D. The maximum penalty for rape is 15 years, with 
aggravating circumstance.  Rape penalties parallel the 
penalties for trafficking offenses in that to receive the 
maximum sentence (15 years for both) aggravating 
circumstances must be present. 
 
--E. Prostitution is illegal in BiH. Prostitutes can be 
prosecuted for their activities as a minor (misdemeanor) 
offense in the Federation and Brcko District, which is 
usually punishable by a fine.  Clients can also be 
prosecuted, but this very rarely occurs.  In the RS, engaging 
in prostitution itself is not a crime.  Pimping and pandering 
are major (felony) offenses and are frequently used to 
prosecute brothel owners and some traffickers.  The maximum 
penalty for pimping is 15 years' imprisonment if the victim 
is a minor; ten years if the victim is an adult.  In 2006, 
the Federation passed a law authorizing "sellers of love" to 
register as professionals, which would require them to pay 
social insurance contributions and would permit them to apply 
for unemployment benefits.  However, as prostitution is 
illegal in the Federation (and there are no plans to legalize 
it), it is highly unlikely that anyone will register. 
 
--F. The BiH State Prosecutor's office has exclusive 
jurisdiction over trafficking cases and can decide which 
cases to prosecute at the state level and which to send to 
the entity courts. The nationwide interagency investigative 
task force to combat trafficking, the antitrafficking strike 
force, was chaired by the chief state prosecutor and included 
prosecutors, police, and financial investigators and targeted 
trafficking and illegal migration. 
 
The government provided the following case statistics through 
its TIP database, maintained by SIPA. This database contains 
information contributed by all police agencies, NGOs and 
prosecutors. TIP data is also harmonized and reported in the 
State Coordinator's annual report. The State Coordinator 
reported 47 registered TIP victims during 2007, although he 
noted that there are likely to be many more victims who do 
not come to the attention of the authorities. SIPA submitted 
37 reports (on a total of 65 individuals) of criminal acts 
related to trafficking in persons for sexual exploitation. 
During the reporting period the State Prosecutor's Office 
lead 26 investigations on violations related to trafficking 
in persons for sexual exploitation.  During the reporting 
period, one indictment was confirmed, one investigation was 
suspended, seven individuals were detained, and 21 
investigations were ongoing at the end of the reporting 
period. 
 
See also response to Question 28D. 
 
--G. The government provides specialized training for 
government officials on recognition, investigation and 
prosecution of trafficking. During the reporting period, the 
State Coordinator's Office partnered with Caritas of Bosnia 
and Herzegovina in a campaign to increase public awareness of 
trafficking in persons, specifically targeting young people 
seeking employment outside BiH.  Materials for the public 
awareness campaign were distributed to all 
diplomatic-consular missions and to all missions of 
international organizations in BiH (through the Ministry of 
Foreign Affairs of BiH), State Border Police offices, 
universities, shopping centers and primary and secondary 
schools. 
 
The State Coordinator's Office also partnered with Save the 
Children Norway and NGO Citizens Association Medica in a 
regional program to target at-risk children and improve the 
rights of child victims of trafficking. In cooperation with 
Save the Children Norway, the government developed a manual 
for police, prosecutors, social centers and health care 
institutions on preventing children from becoming victims of 
TIP.  During the reporting period, 26 social workers and 16 
healthcare providers received extensive training on the 
manual and its implementation.  The State Coordinator's 
Office also drafted standardized operating procedures for 
dealing with child victims in the "Standardized Practices of 
Different Professionals in Protection and Treatment of 
Children Victims of Trafficking and Victim Witnesses of Human 
Trafficking in BiH  During the reporting period, the Center 
for the Education of Judges and Prosecutors finalized a 
manual for judges and prosecutors called "Trafficking in 
Persons in BiH - Prevention and Protection." 
 
--H. BiH has active cooperation with other governments, 
especially the neighboring countries of Croatia, Serbia and 
Montenegro.  BiH has signed bilateral agreements on 
cooperation in organized crimes cases (including trafficking 
in persons) with the State Prosecutor's Offices of Croatia, 
Serbia, Montenegro and Macedonia. Unfortunately, BiH has no 
binding bilateral agreements regarding witness protection, 
which makes it more difficult to participate effectively in 
international investigations.  However, in 2007 in 
partnership with the International Center for Migration 
Politics (ICMPD), the second phase of a Project to support 
the transnational referral mechanism for trafficking victims 
(TRMP) in southeastern Europe was launched. Bosnia and 
Herzegovina became an ICMPD member in 2006. The number of 
ongoing cooperative international investigations was not 
available during the reporting period. 
 
--I. Extradition of non-citizens is permitted, but there were 
no extraditions of traffickers during the reporting period. 
The BiH Criminal Procedure Code prohibits the extradition of 
Bosnian citizens. However, the State Prosecutor can bring 
cases against Bosnian citizens for crimes committed outside 
Bosnian territory.  There are currently no efforts underway 
to modify laws to permit the extradition of Bosnian nationals. 
 
--J. On December 18, 2007 members of the RS Ministry of 
Interior arrested nine persons from Derventa and Prnjavor 
suspected of human trafficking.  This case involved the 
forced prostitution of three juvenile girls from Derventa and 
Prnjavor municipalities in the RS.  Among those arrested were 
two emloyees of the Derventa Center for Social Welfare ad 
the Director of the Derventa Technical High Scool.  The 
trafficking case was opened after one o the victims came 
forward.  One of the victims hs alleged that one of the men 
she was forced to ave sex with is Derventa Mayor Milorad 
Simic,  who has denied the accusations.  At the end of the 
reporting period, the case was still being investigated by 
the BiH State Prosecutor's Office and two of the nine 
individuals arrested were in police custody. 
 
Both entities' police forces have Police Standards Units 
(PSUs), which are charged with investigating and disciplining 
officers for criminal offenses or dereliction of duty.  There 
were no prosecutions or convictions of government officials 
for involvement in trafficking during the reporting period. 
There continued to be anecdotal reports of police and other 
official involvement in trafficking, particularly at the 
local level. Victims' groups alleged that, because of strong 
local networks, local police often willfully ignored or 
actively protected consumers or perpetrators of trafficking 
activity, often accepting bribes in return. 
 
--K.  To date there have been only a few documented cases of 
official involvement in trafficking, and no official 
indictments have been made. In 2004 border police arrested a 
member of the RS interior ministry's elite special unit near 
Bijeljina while he was attempting to cross into the country 
from Serbia with two suspected trafficking victims in his 
car. Authorities immediately suspended him from duty and 
opened an investigation. The case was closed during the year 
due to lack of evidence, and the police officer was 
reinstated. In 2005 authorities charged a State Border 
Service officer with abuse of office for placing a false 
stamp in the passport of a suspected trafficking victim. 
 
--L.  BiH has less than a hundred troops employed abroad as 
part of a peacekeeping mission and there have been no reports 
of any member engaging in or facilitating trafficking in 
persons. 
 
--M. BiH does not have an identified child sex tourism 
problem, either as a source or destination country.  The 
country's child sex abuse laws do not have extraterritorial 
provisions similar to the U.S. PROTECT ACT. 
 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
¶4. (SBU) Question 29: 
 
--A. A person identified as a TIP victim through the 
government's screening and referral process is eligible for a 
humanitarian visa for a legal, temporary stay in BiH.  During 
the reporting period, nine TIP victims requested residence 
permits on humanitarian grounds. Eight of these requests were 
approved and one was still under consideration at the end of 
the reporting period. 
 
--B. The State Coordinator's Office oversees shelter 
management and ensures that NGOs are meeting agreed-upon 
standards in providing victim assistance.  Due to a lack of 
government resources, the State Coordinator, through a 
memorandum of understanding, delegates victim assistance to 
five local NGOs that provide shelter, medical and 
psychological assistance to both domestic and foreign TIP 
victims.  The five NGOs (La Strada, Medica Zenica, Forum of 
Solidarity, Lara, and Zena BiH) run six shelters located in 
Mostar, Sarajevo, Banja Luka, Doboj, and Bijeljina. Each 
shelter has a part-time psychologist on staff.   The local 
NGO "Vasa Prava" has a memorandum of understanding with the 
Ministry of Security and provides pro bono legal assistance 
to trafficking victims housed in NGO shelters immediately 
upon their placement in the shelter.  Health care is provided 
either at the shelters by visiting medical professionals or 
at local clinics and hospitals.  One local NGO has a pilot 
reintegration program offering vocational training and 
counseling to domestic TIP victims.  During the reporting 
period, 24 victims received assistance in shelters. 
 
--C. The state-level (federal) government provides assistance 
to the five NGOs who run shelters to help subsidize the cost 
of shelter operations.  During the reporting period, the 
government disbursed approximately $74,600 (100,000 KM) for 
the State Coordinator's Office to support shelters providing 
victim assistance.  In 2008, the government will increase 
this amount to approximately $150,000 (200,000 KM). 
Additionally, the government has allocated approximately 
$22,400 (30,000KM) to the Ministry of Human Rights and 
Refugees to support a reintegration and health care fund for 
domestic victims of trafficking.  Although these numbers 
represent a significant increase in government funding, these 
costs will continue to be underwritten by international 
donors, namely the Swedish Government. 
 
--D. The government and NGOs have developed and signed a 
formal referral mechanism for screening, identifying and 
assisting foreign victims. Police and SBP officers use a 
screening questionnaire to assist them in evaluating victims. 
Alien Inspectors employed by the Ministry of Security have 
received formal training in victim identification procedures. 
The draft referral mechanism for domestic victims is awaiting 
final approval by the Council of Ministers.  During the 
reporting period, the government identified 47 victims of 
trafficking through the referral mechanism.  See also 
Question 27A. 
--E. Prostitution is illegal in BiH. 
 
--F.  The rights of victims are respected.  If screening 
established that a person was a trafficking victim, the 
victim was taken to a shelter and authorities did not 
prosecute that person for immigration or prostitution 
violations, nor did authorities detain or jail victims.  The 
Law on Movement and Stay of Aliens provides for the granting 
of a temporary humanitarian visa to TIP victims. If someone 
is arrested or detained and subsequently identified as a 
trafficking victim, he or she receives shelter and related 
services and is eligible for protection from deportation 
and/or a humanitarian visa.  The BiH Criminal Procedure Code 
allows detention for up to six hours for questioning.  This 
limit is generally respected in practice. Police officials 
usually presume that detainees are TIP victims if there is 
any evidence to support this conclusion, and they are 
referred to shelters for additional evaluation. If 
individuals are not identified as TIP victims, they may be 
subject to deportation depending on their current status in 
BiH and whether they possess a valid visa. However, because 
Bosnia's immigration detention facility is still under 
construction, detainees under deportation orders are 
frequently released. In many instances, police lack the 
resources and personnel to execute deportation orders.  In 
most cases, foreign victims were voluntarily repatriated. 
Persons determined by law enforcement not to be trafficked 
victims were often deported and occasionally prosecuted for 
immigration and other violations. 
 
--G. The government encourages victim-witnesses to testify 
against their traffickers. At this time, about a quarter of 
victims actually testify. A number of prosecutors have worked 
extensively with victims to develop cases.  There were no 
reliable estimates of the number of victim witnesses 
assisting in the investigation and prosecution of traffickers 
during the reporting period, but there were victims who 
assisted these efforts. 
 
Victims can file civil suits against their traffickers for 
medical expenses, lost wages or pain and suffering and are 
encouraged to do.  Vasa Prava attorneys provide pro bono 
legal aid and shelter staff assist victims in filing these 
claims. Victims remaining in BiH on humanitarian visas or 
those who have applied for asylum are not permitted to work. 
Foreign victims can choose to be voluntarily repatriated at 
any time. There is currently no victim restitution program, 
although there is a victim's assistance fund supported by 
judgments against those convicted of trafficking. BiH is 
currently working to harmonize its immigration laws with EU 
standards. Legislation that would extend the humanitarian 
visa from three to six months, and would allow humanitarian 
visa holders to work legally is currently under 
consideration. 
 
--H.  In practice, the government provides assistance to 
victims through its agreement with five local NGOs and their 
shelters. In addition to food, clothing, and shelter, the 
NGOs also provide medical care, psychological counseling, 
legal advocacy, and sometimes vocational training. Minor 
victims may be placed in shelters, orphanages or BiH's very 
limited foster care program. There is no female juvenile 
detention center in BiH, but there is a new facility for male 
offenders who are minors. 
 
Prosecutors can offer victims protected status if they 
determine that a victim's safety is in jeopardy through the 
government's witness protection program.  Since its 
inception, there have been at least six reported cases of TIP 
witnesses entering the program. Police protection and escort 
is usually provided to victim-witnesses, and in some cases, 
in cooperation with foreign governments, victim-witnesses 
have been relocated to third countries following their 
testimony. The BiH witness protection program, however, is 
widely criticized as being under-funded, ineffective and 
inadequate. 
 
See also response to Question 29B. 
 
-- I.  The government provides extensive training in the 
recognition of TIP victims and in how to assist them. The 
government continues to train prosecutors, judges, police 
officials, and social workers on TIP issues.  Specifically, 
the government has worked extensively with the local Centers 
for Social Work, who are responsible for assisting domestic 
victims, particularly minors. The government has also trained 
municipal court judges, who make guardianship and custody 
decisions about minor victims. During the reporting period, 
the government continued to train its consular officials 
abroad to identify potential TIP victims applying for Bosnian 
visas. Officials at Bosnian embassies are encouraged to 
develop connections with local TIP NGOs, especially those 
like La Strada, World Learning and IOM,  which are part of an 
international network. The MFA requires personal interviews 
for all visa applicants. Bosnian participants in 
international peacekeeping missions also receive specialized 
TIP awareness training before deployment. All members of 
incoming units to the EUFOR mission in Bosnia are required to 
attend a four-hour seminar on trafficking which stresses 
NATO's zero-tolerance policy for any involvement in TIP or 
prostitution.  There were no reliable estimates on the number 
of trafficking victims assisted by host country embassies or 
consulates, but this number was believed to be low since the 
majority of native Bosnian victims were trafficked within the 
country's borders. 
 
-- J. At this time, there are no specific government programs 
to assist its repatriated nationals, except those who are 
minors. However, repatriated TIP victims who identify 
themselves and seek assistance can receive the same services 
from local NGOs that are provided to foreign victims. The 
care and custody of minors is the responsibility of the 
Centers for Social Work, who report to the entity Ministries 
of Social Welfare. One local NGO has started a pilot program 
to provide counseling and vocational training to repatriated 
Bosnian TIP victims.  There is also a program with the 
International Centre for Migration Policy Development, the 
Bosnian government and ten other nations on a South Eastern 
Europe Project that will develop a standardized mechanism and 
operating procedures for repatriation across borders. 
 
--K.  The following international organizations work on a 
variety of antitrafficking efforts encompassing prevention, 
protection and prosecution: International Organization for 
Migration (IOM), Catholic Relief Services (CRS), CARE, Save 
The Children Norway, the Organization for Security and 
Cooperation in Europe (OSCE), USAID, Swedish International 
Development Agency (SIDA), Norwegian People's Aid, the 
Government of Italy, World Learning, La Strada Network, and 
Emmaus International. 
 
See also response to Question 29C. 
 
PREVENTION 
---------- 
 
¶5. (SBU) Question 30: 
 
--A. The Bosnian government acknowledges that TIP is a 
problem and makes significant efforts to combat TIP in BiH. 
 
--B. The government continued antitrafficking education 
campaigns during the reporting period.  For part of the 
reporting period, the State Coordinator partnered with the 
International Organization for Migration (IOM) to run a major 
national public awareness campaign, which included leaflets, 
billboards, TV PSAs and a 30-minute documentary aired on 
public and private TV channels. The IOM campaign targeted 
both potential consumers and victims, including children 
between 12 and 19 years old. The State Coordinator assisted 
in developing and approving educational materials for 
schoolchildren throughout BiH, in cooperation with USAID and 
the entity Ministries of Education. These materials have been 
developed but not distributed because budget cuts forces 
USAID to cancel funding for the project mid-year.  The State 
Coordinator's Office hopes to disseminate the materials with 
government funding received in 2008.  Local NGOs also 
continued to work on public awareness campaigns targeting 
youth and/or the Romani community on a regional basis. 
 
--C. Local NGOs and international organizations working on 
TIP characterize the relationship between civil society and 
the State Coordinator as excellent and extremely cooperative. 
 Local NGOs were consulted extensively and played a major 
role in developing both the 5-year National Action Plan and 
the Action Plan for 2008.  The State Coordinator meets 
regularly with the international community, donors and local 
NGOs in a working group to seek their input and inform them 
of the progress achieved to date in implementing the National 
Action Plan.  Additionally, regional working groups lead by 
the OSCE in Mostar, central BiH, Banja Luka and Bijeljina 
provided an opportunity to share information between all 
relevant authorities and strengthen the capacities of local 
anti-trafficking actors. 
 
--D. Yes the government of BiH, through the State Border 
Police, monitors immigration/emigration patterns for evidence 
of TIP. Virtually all SBP officers at border crossings and 
airports have received training on the detection and 
identification of potential TIP victims and screen for 
potential victims along the border.  Additionally, border 
crossings serve as an area for trafficking awareness 
programs.  For example, there are several anti-trafficking 
posters providing warnings against trafficking methods and 
hotline numbers for those who may be victims in plan view at 
the Sarajevo International Airport.  The SBP shares their 
data on immigration and emigration at the Strike Force 
meetings.  The State Coordinator's mandate also includes 
alien smuggling and illegal immigration.  In 2007, there was 
a sharp increase (539 cases versus 331 in 2006) in cases 
involving alien smuggling into and through BiH.  The 
government, in addition to measures meant to fortify 
antitrafficking programs, is also actively providing training 
programs to specifically counter the trend in alien smuggling 
which has links to trafficking in persons. 
 
--E.  The primary coordination and communication mechanisms 
are the TIP Strike Force, the State Coordinator's thematic 
working groups, and the larger TIP working group that 
includes NGO and IO representatives. Generally, the State 
Coordinator's office is the point of contact for all these 
mechanisms. The State Coordinator meets regularly with NGOs 
to share information and discuss anti-TIP activities. The 
government does not have a public corruption task force. 
During the reporting period, however, BiH adopted a National 
Anti-Corruption Strategy.  A portion of this strategy relates 
directly to the fight against public corruption.  SIPA also 
has units that focus on organized crime and financial crimes, 
and the entity Police Standards Units (PSUs) investigate and 
file charges in cases of corruption or abuse of office by 
police personnel. 
 
--F. The governent had a 3-year National Action Plan 
(covering 005-2007) and in late 2007, the government also 
dafted a new, five-year National Action Plan to covr 
2008-2012. The new plan clearly establishes oprational 
measures and objectives in the areas of: systematic support, 
prevention, victim (and victim witness) protection and 
assistance, criminal prosecution and international 
cooperation. The plan also delineates the responsibilities of 
various institutions, including the government, NGO and 
international communities and establishes a time frame for 
implementation, sources of funding and indicators for 
success.  The Ministry of Human Rights and Refugees, the 
Ministry of Justice, the Ministry of Security,  the Ministry 
of Foreign Affairs, the State Border Police and the BiH State 
Prosecutor's Office helped to develop the Action Plan.  NGOs 
working on combating trafficking were also consulted during 
the drafting process and had an opportunity to provide input 
on the new plan. The new National Action Plan will be 
published as a booklet, and will be distributed to all local 
antitrafficking NGOs and relevant government institutions 
along with the State Coordinator's 2007 TIP report for BiH. 
 
--G. With the exception of public prevention campaigns 
(including the secondary school program) mentioned elsewhere 
in this submission, there are no specific programs targeting 
the demand for commercial sex acts.  BiH has no specific laws 
that target sex clients, but the government has expressed a 
desire to develop and implement programs that will address 
both the demand and supply side of commercial sex acts in the 
country. 
 
--H. Not currently applicable to BiH. 
 
--I. Not currently applicable to BiH. 
 
TIP HEROES 
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¶6. (SBU) Question 31: 
 
¶31. Post nominates Mr. Samir Rizvo, BiH State Coordinator for 
Combating Trafficking in Persons as an antitrafficking "hero" 
for the 2008 TIP report. Since the summer of 2004 when Mr. 
Rizvo took over the State Coordinator position, he has 
virtually single-handedly revolutionized antitrafficking 
efforts in Bosnia-Herzegovina with extremely limited 
resources and funding.  His efforts can be credited with 
moving BiH from a Tier 2-Watchlist country to the verge of 
Tier 1 in only 4 short years. Under Mr. Rizvo's leadership, 
BiH authorities have made significant progress in combating 
TIP, improving witness protection, aggressively prosecuting 
traffickers, standardizing victim assistance and expanding 
TIP prevention programs to the national curriculum of BiH 
secondary schools.  Mr. Rizvo was the first person to make a 
realistic assessment of BiH progress in combating trafficking 
and of the magnitude of the country's trafficking problem and 
then created the necessary mechanisms to address the problem. 
During his mandate, Mr. Rizvo has cultivated a vast network 
of government institutions, international organizations, and 
non-governmental organizations working o combating 
trafficking in persons by establishin frequent and direct 
cooperation between the grops.  He has been instrumental in 
developing the ggressive national action plans for combating 
TIP and is responsible for drafting legislation to prtect 
domestic victims of trafficking.  Mr. Rizvo has been vetted 
through databases available to post and has no 
ineligibilities. 
 
(SBU) (Note: In 1997 the Sarajevo Cantonal Prosecutor's 
Office initiated an investigation of Mr. Rizvo to determine 
his possible involvement while employed by the Sarajevo 
Police in illegally granting citizenship to foreigners for 
their war-time service in the 1992-1995 Bosnian war.  This 
investigation against Mr. Rizvo was closed as inconclusive, 
and the cantonal prosecutor assigned to his case subsequently 
told the Embassy that there was no evidence of Mr. Rizvo's 
personal culpability.  Mr. Rizvo has no CLASS 
ineligibilities, was successfully vetted and cleared by our 
internal vetting board in 2007, and participated in a 
U.S.-funded NATO tour in the spring of 2007.  Mr. Rizvo has 
no criminal record. End Note.) 
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