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Viewing cable 09BRATISLAVA85, SLOVAKIA 2009 ANNUAL REPORT ON TRAFFICKING IN PERSONS
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09BRATISLAVA85 | 2009-02-18 07:40 | 2011-08-26 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Bratislava |
VZCZCXRO5095
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHSL #0085/01 0490740
ZNR UUUUU ZZH
P 180740Z FEB 09
FM AMEMBASSY BRATISLAVA
TO RUEHC/SECSTATE WASHDC PRIORITY 2321
INFO RUCNCIS/CIS COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 09 BRATISLAVA 000085
SENSITIVE
SIPDIS
STATE FOR EUR/CE, G/TIP, EUR/PGI, G, INL, DRL, PRM
STATE PLEASE PASS TO USAID, DOJ, DHS, DOL, Treasury Dept.
E.O. 12958: N/A
TAGS: KTIP PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
ELAB
SUBJECT: SLOVAKIA 2009 ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: 08 SECSTATE 132759
SUMMARY
¶A. The Government of Slovakia has upped its game in the fight
against Trafficking in Persons (TIP.) In addition to maintaining the
Anti-TIP program budget of 8 million Slovak Crowns (approximately
$400,000) per year, the Government of Slovakia (GOS) has increased
both transparency and stakeholder collaboration in its anti-TIP
activities. The GOS and NGOs work collaboratively on implementation
of the GOS's 2008-2010 National Program for the Fight Against
Trafficking in Persons (National Program.) Internationally, the GOS
continues to commit itself to anti-TIP protocols.
During the myriad interviews we conducted for this report, and our
participation in the annual intergovernmental Expert Group meeting,
we observed first-hand the improvement in the GOS cooperation with
NGOs, mostly on the part of the Ministry of the Interior (MOI) and
particularly from the office of the TIP National Coordinator, which
has developed genuine rapport with NGOs working on victims
assistance and prevention campaigns. Indeed, some NGOs said they
feel that Slovakia has surpassed its neighbors in the fight against
TIP.
However, deficiencies in the judicial sector continue to hamper the
GOS's complete fulfillment of the minimum standards of trafficking.
A continued focus on training border police, national police, as
well as the prosecutors and judges who must put the laws to the test
in the courtroom will be essential if the GOS wants to take its game
to the next level.
¶B. Answers below are keyed to section and paragraph numbers in
reftel. Embassy Bratislava point of contact is:
Name: Katharine M. R. Beamer
Position: Political Officer
Phone: 421 2 5922 3278
Fax: 421 2 5922 3109
E-mail: beamerkmr@state.gov
¶C. Total time to complete TIP report:
FSNs: 30
FS03: 50
FS02: 3
¶1. SLOVAKIA'S TIP SITUATION
¶A. SOURCES OF INFORMATION
The MOI, local police, NGOs, and 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.
IOM estimates between 150 to 200 individuals are trafficked each
year. During the reporting period, IOM assisted 17 victims of
trafficking and no foreign victims; 9 of these victims were assisted
under the National Program. The NGO Dotyk assisted 20 victims of
trafficking, 8 of whom were assisted under the National Program. The
police initiated investigation into 13 TIP cases during the
reporting period.
¶B. 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.
¶C. TIP ROUTES
According to 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. However, no foreign victims were identified
by Slovak police or NGOs during the reporting period. Slovak
victims usually come from economically depressed regions of Slovakia
with high levels of unemployment. Often, these women are Roma.
¶D. VICTIM PROFILES
Victims who have been returned to Slovakia are usually young females
BRATISLAVA 00000085 002 OF 009
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.
¶E. PERPETRATORS
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.
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. We also heard from NGOs that several of the
Roma victims assisted during the year are mentally handicapped.
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.
¶2. SETTING THE SCENE FOR GOS ANTI-TIP EFFORTS
¶A. RECOGNITION OF A PROBLEM
Yes, the Government acknowledges that TIP is a problem in Slovakia.
¶B. INVOLVED AGENCIES
The MOI State Secretary, Vladimir Cecot, has since 2007 been the
National Coordinator for anti-TIP activities and presides over the
Expert Group. Cecot has demonstrated a sustained commitment to
upgrading the GOS efforts to combat TIP. Cecot again chaired the
GOS Interagency TIP Expert Group meeting in December 2008 to discuss
implementation progress on the 2008-2010 National Action Plan. 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.
BRATISLAVA 00000085 003 OF 009
The Ministry of Justice (MOJ) is responsible for strengthening
safeguards for victim protection.
The General Prosecutor is responsible for the prosecution of
traffickers.
¶C. GOVERNMENT LIMITATIONS
The National Program established the National Coordinator's 2008
budget to fight trafficking at approximately $400,000; in 2009 the
budget is roughly the same amount. 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. NGOs report that they believe
government resources devoted to anti-TIP efforts are sufficient, and
in fact more generous that many other European countries, especially
in the area of victim's assistance. Lack of awareness of how to
identify victims and how to effectively investigate and assemble
cases amongst practitioners remains the greatest limitation, though
the GOS is making substantial efforts to address this.
¶D. GOVERNMENT SELF-MONITORING
The MOI provides internal assessments and baseline information
regarding the nature of trafficking in Slovakia. The National
Program for 2008-2010 contains an assessment of the Program's
performance during the 2007 reporting period. Further, the UNODC
and the MOI conducted a joint research project to evaluate how
efficient Slovakia's TIP programs have been. The UNODC presented
and distributed its report to the interagency Expert Working Group
in December 2008, after it had been thoroughly vetted and cleared by
the GOS.
¶3. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
¶A. EXISTING LAWS AGAINST TIP
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.
¶B. PUNISHMENT OF SEX TRAFFICKING OFFENSES
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
BRATISLAVA 00000085 004 OF 009
years. A four-to-ten 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 six out of the seven sex
traffickers convicted in 2007 received suspended sentences. Only one
received jail time. There were no updated statistics available for
2008 at the time this report was submitted. Post will provide
septel when they are available.
¶C. PUNISHMENT OF LABOR TRAFFICKING OFFENSES
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 police determined that a group of eight Vietnamese
nationals found working in a Bratislava-area cigarette factory that
post reported on last year were not trafficked. However, the police
initiated a different investigation into a group of Romanians
suspected of being victims of forced labor. The Slovak police are
working with the Romanian police, as the alleged perpetrator is
being investigated for TIP in Romania.
¶D. PENALTIES FOR RAPE
The range of sentencing for rape is five-to-ten 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. 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. 12 perpetrators were
identified, 9 were men and 3 were women. According to police, all
of these cases concerned sex trafficking, and 16 victims were
identified. There were no cases of trafficking of children during
the reporting period.
One of the few prosecutors with TIP experience lamented the low
number of complex investigations, and said he believes the police
Anti-trafficking unit is not able to assemble sufficient evidence
for strong cases in the courts. He said he believes this is because
they spend much of their time responding to legal assistance
BRATISLAVA 00000085 005 OF 009
requests from other countries (which are very time consuming due to
the language barriers), and because they do not have a specialized
anti-TIP investigator on their team.
¶G. TRAINING
The 10 officers in the Police Anti-trafficking unit located in
Bratislava were fully trained in TIP, and often participate in
international trainings. All police districts have at least 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. Under the National Program, over 160 police
officers were trained in victim identification during the reporting
period, often by IOM, and occasionally in joint sessions with
regional social and religious workers.
With funding from the National Program, IOM trained 369 individuals
in victim identification and prevention in 2008. Participants
included Roma community social workers, street workers, police
investigators, prosecutors, psychologists and social workers, and
custody and child protection services. IOM also conducted a
specialized training for 30 Slovak nuns, in cooperation with IOM
Rome and financial support from U.S. Embassy Bratislava.
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.
However, NGOs and the GOS agree that still more training is
necessary, especially for border police, prosecutors, judges, and
Roma community social workers in Eastern Slovakia. According to
IOM, the government has agreed to fund additional training for
border guards, who have been receptive in 2008 trainings but need
additional follow-on training, as they have very limited time on the
border to identify victims.
¶G. 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 Anti-trafficking unit
notes that the lack of English language ability among Slovak police
sometimes limits investigations, yet the unit also reported
increased cooperation with British authorities during the reporting
period, and highlighted the case of a Slovak man convicted in the
U.K. of TIP with evidence collected in Slovakia.
The MOI, in cooperation with the Ministry of Foreign Affairs, hosted
a conference in Bratislava, March 31 - April 1, 2008, with a focus
on the international face of TIP. Representatives from the U.S
Embassy, EU, UNODC, IOM, V-4 countries (Hungary, Czech Republic, and
Poland), Austria, and Ukraine participated.
In January 2009, the Ministry of Interior announced the
establishment of an International TIP Information Center, in Kosice,
eastern Slovakia. The MOI has devoted 55,000 Euro to the center,
which is designed to centralize the collection of TIP-related data
for Slovakia, and to encourage international cooperation and
facillitate information sharing with neighboring countries. This
funding was provided by the GOS after MOI lobbied to have the center
included in a amendment to the Prevention of Criminality law passed
in 2008.
¶H. 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.
¶I. 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
BRATISLAVA 00000085 006 OF 009
not reflect institutional acceptance on a local or national level.
¶J. STEPS TO END GOVERNMENT INVOLVEMENT IN TRAFFICKING
According to police and NGOs, there were no cases of government
officials involved in trafficking.
¶K. 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-ten and seven-to-twelve 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.
¶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. PROTECTION AND ASSISTANCE TO VICTIMS
¶A. 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.
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. In addition to the
"tolerated stay" law, Slovak authorities are required to postpone
deportation of any third-country national who seeks to enter a
witness protection program or who claims asylum, thus providing
temporary residency status.
IOM and Dotyk receive GOS funding from the National Program to
provide specialized victims' assistance program exclusively for
repatriated Slovaks, or internally trafficked Slovaks. The victim's
assistance program provides financial support for at least 90 days
(and is often repeatedly extended, according to NGOs), and includes
three phases: crisis intervention, protection of victims, and
reintegration. 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.
¶B. VICTIM CARE FACILITIES
Access to legal, medical, and psychological services for victims
(both foreign and domestic) were vital elements of Slovakia's
National Program. The government provides dedicated shelters through
its NGO programs. The MOI signed five cooperative agreements with
NGOs (IOM, Dotyk, Slovak Caritas, Prima (an NGO that works with
streetworkers) in 2008, providing funding levels of approximately
USD 220,000. Two of these NGOs, IOM and Dotyk, provided shelter for
TIP victims. There are no specialized facilities for male victims
BRATISLAVA 00000085 007.2 OF 009
of TIP. Child TIP victims are by law cared for by the Ministry of
Labor, Social Affairs, and Family, but there were none identified
during the year.
During the reporting period, NGO's assisted approximately 37
trafficking victims. IOM assisted 17 victims of trafficking; 9 of
these victims were assisted under the National Program. Dotyk
assisted 20 victims of trafficking, 8 of whom were assisted in the
National Program.
¶D. PROVISIONS FOR FOREIGN TIP VICTIMS
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. In addition to the
"tolerated stay" law, Slovak authorities are required to postpone
deportation of any third-country national who seeks to enter a
witness protection program or who claims asylum, thus providing
temporary residency status. Foreign victims are also eligible for
the shelter and social assistance provided by the National Program.
However, these measures were not put in practice during the
reporting period as there were no foreign victims identified.
¶E. LONG TERM SHELTER
NGOs reported in practice that the government resources devoted to
assisting TIP victims were quite generous. Victims participating in
the National Program were able to stay in state-funded shelters and
rehabilitation programs for as long as their cases were ongoing, and
these cases often take years.
¶F. NATIONAL REFERRAL MECHANISM
The Expert Working Group adopted a National Referral Mechanism in
December 2008. This provides a standard operating procedure
throughout the country for law enforcement practioners who suspect
they have come into contact with a trafficking victim, and enables
them to reach out to the most readily available state and NGO
resources to assist the victim. The National Referral Mechanism is
posted on the MOI website, where it is also available to the
public.
¶G. TOTAL NUMBER OF VICTIMS
As mentioned previously, NGOs assisted 37 victims during the year.
¶H. IDENTIFYING AND REFERRING VICTIMS
During the reporting period, police identified and referred 16 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.
¶I. 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.
¶J. INVESTIGATION
The National Program encourages victims to participate in cases
against their traffickers. 17 victims participated in such cases
during the year, according to the police. Victims may file civil
suits against their traffickers in addition to criminal charges.
Slovakia also has a victim's compensation law that allows for a
one-time reimbursement for victims of violent crime, paid by the
Ministry of Justice.
¶K. TRAINING FOR GOVERNMENT OFFICIALS
During the reporting period, the MOI -- in cooperation with IOM and
other NGOs --provided training to over 400 law enforcement officers
and community social workers. The training included how to
communicate with victims, victim assistance, and general information
about TIP. TIP is also included in the human rights curriculum at
the Police Academy. Lastly, the MOL educated 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
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assistance, and IOM reported that the MFA helped repatriate at least
3 victims during the reporting period. IOM also worked with the
Slovak MFA to develop a standard operating procedure for Embassies
abroad, and reported especially smooth cooperation with Slovak
Embassies in Germany and the U.K.
¶L. GOVERNMENT ASSISTANCE
The MOI-funded assistance through the National 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.
¶M. 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 Caritas, 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.
In 2008, NGOs received approximately USD 227,000 from the GOS for
Anti-TIP programs.
¶5. PREVENTION
¶A. 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 funded part of a public-private partnership for a national
TIP hotline. Under this agreement, the telephone company T-Mobile
provides the phone line free of charge, and IOM staff (paid for
through the National Program) man the phone lines. From June to
December 2008, the phone line received 1272 phone calls, in which it
provided counseling services to 120 clients, and identified three
trafficking victims. 2000 posters advertising the hotline were
posted in local bus stations, 5000 leaflets were distributed to
at-risk populations, radio spots advertising the hotline were
broadcast during the year, and a series of T.V. spots kicked off the
hotline on Slovakia's three main television networks in June 2008.
The GOS continued to make an effort to identify and help current and
potential victims by making available to police, border guards,
municipal workers, and 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 in areas where
potential victims might be found, contain the hotline telephone
number.
¶B. MONITORING OF BORDERS
The MOI has strengthened border protection mechanisms and improved
cross-border cooperation; Slovakia has been part of the Schengen
zone since December 2007, and foreign law enforcement officials have
reported that Slovakia's border security is the envy of many
neighbors. However, Slovakia continues to be a transit country for
illegal migrant smuggling to Western Europe. During 2008, 103
persons were convicted of human smuggling; 24 were given prison
sentences of 3-84 months, and 67 were given suspended sentences of
2-60 months.
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 nearly fifty percent. The number of asylum cases granted remains
below one percent.
UNHCR reported that better implementation in recent years of
Slovakia's Readmission Treaty with Ukraine has reduced the number of
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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.
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. IOM reported that the government approved funding
for additional training for border police in 2009.
¶C. INTER-GOVERNMENTAL COORDINATION
The National Coordinator at the MOI is the point for
inter-governmental coordination on trafficking. Within his office,
he has designated the Director of the Department of Security
Strategies to be the working-level point of contact. The National
Coordinator convened the high-level Expert Group again in December
2008, and invited the U.S. Embassy to participate. 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, five NGOs, IOM, and UNODC.
¶D. 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 other relevant ministries. The MOI invited NGOs to
participate in the December 2008 Expert Group meeting, to contribute
their perspective on the implementation of the National Program and
Action Plan, as well as logical next steps in coming years. We
observed that the dialogue was respectful and that the NGO comments
were valued by the GOS, and included in the reports.
¶E. REDUCING DEMAND FOR COMMERICAL SEX ACTS
Part of the training provided by the MOI and NGOs under the National
Program educated key interlocutors from municipal offices, schools,
and law enforcement about TIP and the criminal consequences of
participation in illegal commercial sex acts. Participants in these
trainings were provided with additional materials to distribute in
their communities, to raise awareness about the role of consumers in
perpetuating the illegal sex trade. However, Slovakia is not
considered a destination country for TIP victims.
¶F. 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. However, as mentioned in the previous
paragraph, TIP trainings do include an explanation of the Palermo
protocol and the domestic penal code's instruments to prosecute
traffickers.
¶G. MEASURES TO ENSURE PEACEKEEPERS DEPLOYED ABROAD DO NOT ENGAGE IN
TIP-RELATED ACTIVITIES
The National Program provided anti-TIP training for government
personnel stationed abroad. This training focused on the
consequences of participation in illegal commercial sex acts. The
MOI and Ministry of Defense are responsible for the training, which
is also incorporated into police and military personnel basic
training.
EDDINS