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Viewing cable 09LJUBLJANA38, SLOVENIA: 2009 TRAFFICKING IN PERSONS REPORT

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Reference ID Created Released Classification Origin
09LJUBLJANA38 2009-02-13 17:02 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Ljubljana
VZCZCXYZ0000
RR RUEHWEB

DE RUEHLJ #0038/01 0441702
ZNR UUUUU ZZH
R 131702Z FEB 09
FM AMEMBASSY LJUBLJANA
TO SECSTATE WASHDC 7170
UNCLAS LJUBLJANA 000038 
 
DEPT FOR G/TIP, G-ACBlank, EUR/PGI, INL, DRL, PRM, EUR/CE 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
SUBJECT: SLOVENIA: 2009 TRAFFICKING IN PERSONS REPORT 
 
REF: STATE 132759 
 
1.  The answers provided below are keyed to the questions asked 
reftel regarding Slovenia's TIP Situation. 
 
2. Slovenia's TIP Situation 
--------------------------- 
 
A. The Government of Slovenia (GoS) provides information on 
trafficking in persons through its national coordinator for and 
through statistics gathered by police, other government ministries, 
and NGOs.  Three NGOs--Karitas, Kljuc (Key), and Slovene 
Philanthropy --also provide information.  The government and these 
NGOs are very reliable sources of information. 
 
B. Slovenia is mainly a transit, and to a much lesser extent a 
destination and source country.  Victims are predominantly 
trafficked for the purpose of forced prostitution, and some also for 
forced labor.  They are trafficked from Eastern Europe (Ukraine, 
Moldova), EU countries (Bulgaria, Romania, Slovakia), the Caribbean 
(the Dominican Republic), and Asia (Thailand, Iran).  Victims in 
transit are mainly trafficked to western Europe. 
 
C. Most victims have legal status in Slovenia (work/residence 
permits), and are usually housed close to their "employers."  The 
employers restrict freedom of movement and communication and take a 
large portion of the victims' income to "repay" the costs of travel, 
housing, and documentation.  The employers often have several 
establishments, and victims are transferred between these locations 
if they cause problems for the employers or attempt escape. 
 
D. The most vulnerable group for being trafficked is young women, 
for sexual exploitation. 
 
E. Traffickers are often small business owners, using night clubs 
and bars as front operations.  In many cases, the traffickers or 
their business associates are not native Slovenians and use 
connections in their native countries to bring victims to and 
through Slovenia under false pretenses of lucrative employment or 
travel.  There have been no reports of false documentation used to 
facilitate trafficking. 
 
3. Government's Anti-TIP Efforts 
-------------------------------- 
 
A. The government acknowledges that trafficking is a problem and 
allocates extensive resources to combat it. 
 
B. The National Anti-Trafficking Coordinator is based in the 
Ministry of Interior and chairs the Intergovernmental Working Group 
on Trafficking.  The working group includes representatives from the 
ministries of foreign affairs, justice, labor, defense, and health, 
as well as from NGOs, the police, state prosecutor's office, 
parliament, and the media. 
 
C. There are no limitations on the government's efforts to combat 
trafficking.  The government works to prevent trafficking through 
public awareness campaigns and training, investigate and prosecute 
traffickers through rigorous law enforcement efforts, and protects 
and assists victims through generous funding, strong legal 
protections, and cooperation with NGOs for short- and long-term 
assistance.  The government hosts regional conferences and events 
such as the February 2009 seminar on trafficking sponsored by the 
OSCE and Slovenia's Human Rights Ombudsman's office. 
 
D. The government systematically monitors its anti-trafficking 
efforts on all fronts.  The National Coordinator releases a yearly 
report that is publicly available, and he collects data from the 
various agencies involved in prevention, protection, and 
prosecution.  The police publicize arrests and prosecutions of 
traffickers.  The coordinator participates in regional and 
international efforts to combat trafficking. 
 
4. Investigation and Prosecution of Traffickers 
--------------------------------------------- -- 
 
A. The government prohibits all forms of trafficking in persons 
through Penal Code, articles 112 (Enslavement), 113 (Trafficking in 
Human Beings), 175 (Abuse of Prostitution).  Article 39 of the 
Aliens Act provides foreign trafficking victims with temporary 
residence permits so they can remain in Slovenia; the Witness 
Protection Act of 2006 established procedures for protection of 
witnesses, and amendments to the law in 2007 allow witnesses to 
leave Slovenia during a trial for their safety. 
 
B. Slovenia's criminal code prescribes penalties ranging from six 
months to 15 years' imprisonment for trafficking for sexual 
exploitation.  A November 2008 change to the criminal code increased 
the penalties for trafficking minors to a maximum of 15 years from a 
previous maximum of 10 years.  These penalties are sufficiently 
stringent and commensurate with those prescribed for other grave 
crimes, such as rape. 
 
C. The penalties for labor exploitation are the same as for other 
forms of trafficking, with a maximum of 10 years imprisonment (15 in 
the case of victims who are minors) for facilitating trafficking and 
resulting forced labor.  Confiscation of passports or other 
documents is also penalized, as are other means to keep workers in a 
state of service. 
 
D. Slovenia's criminal code prescribes penalties ranging from six 
months to 15 years' imprisonment for rape or forcible sexual 
assault.  These penalties are commensurate with those prescribed for 
sex trafficking.  A November 2008 change to Slovenia's criminal code 
increased the penalties for trafficking minors to a maximum of 15 
years from a previous maximum of 10 years. 
 
E. Investigations: 
- Under article 112 (Enslavement) 3 cases against 5 perpetrators (3 
Slovene males, 1 Serbian male, 1 Slovene female); 1 male victim of 
Slovene nationality, 3 female victims of unknown nationality, 1 
female victim of Ukrainian nationality. 
 
- Under article 113 (Trafficking in Human Beings) 9 cases against 10 
perpetrators (6 Slovene males, 1 Bosnian male, 1 Romanian male, 2 
Ukrainian females); 13 female victims of Ukrainian nationality, 9 
female victims of Dominican Republic nationality, 2 male minors of 
Romanian nationality, 1 female minor of Romanian nationality. 
 
- Under article 175 (Abuse of Prostitution) 5 cases against 7 
perpetrators (5 Slovene males, 1 Bosnian male, 1 Ukrainian female); 
23 female victims of Ukrainian nationality, 10 female victims of 
Dominican Republic nationality, 7 female victims of Slovene 
nationality. 
 
Total: 17 cases, 22 perpetrators, 65 victims 
 
The prosecutions resulting from these investigations had not 
concluded at the end of the reporting period.  Convicted traffickers 
are serving the time sentenced (we are waiting on a status update on 
how many). 
 
F. The government provides frequent training.  For example, in 
October 2008 it organized a seminar for all experts involved in 
anti-trafficking activities in Slovenia.  In November 2008 the 
Police and NGOs dealing with TIP organized training for Police and 
NGO activists.  Slovenian soldiers receive anti-trafficking training 
as a standard component of pre-deployment preparations. 
 
G. The government cooperates bilaterally with other governments and 
multilaterally through organizations such as the European Network 
for Antitrafficking (ENAT).  During the reporting period the 
government cooperated in two investigations, one bilaterally with 
Ukrainian police on a case involving a Slovene man and his Ukrainian 
wife who brought women from Ukraine for sexual exploitation in 
Slovenia, and the second involved cooperation with the Southeast 
European Cooperative Initiative Regional Center for Combating 
Trans-border Crime (SECI) in Romania on a case of victims transiting 
Slovenia. 
 
H. The government extradites persons charged with trafficking in 
other countries.  There were no such extraditions during the 
reporting period, and no extraditions pending. 
 
I. There is no evidence of government involvement in or tolerance of 
trafficking. 
 
J. See answer to paragraph I. 
 
K. Prostitution is decriminalized but might be considered as a 
misdemeanor if its performance violates the Regulation on Public 
Order.  Because prostitution is not legalized, there is no legal 
minimum age.  Activities of brothel owner/operators, clients, pimps, 
and enforcers are criminalized and prosecuted.  These laws are 
enforced. 
 
L. There were no Slovenian troops accused of or investigated for 
engaging in or facilitating trafficking. 
 
M. The country does not have an identified problem of child sex 
tourists coming to the country.  The country's laws against child 
sexual abuse have extraterritorial coverage.  No nationals were 
prosecuted during the reporting period under these provisions. 
 
5. Protection and Assistance to Victims 
--------------------------------------- 
 
A.  The government provides appropriate protection to victims and 
witnesses by providing financial sources for crisis housing 
(operated by NGO Karitas) and a safe house (operated by NGO Kljuc), 
assuring legal status for them in Slovenia (temporary residence 
permit), and facilitating access to integration programs (enabling 
studying or working in Slovenia). 
 
B. The country has one safe house operated by NGO Kljuc and several 
housing facilities around the country operated by NGO Karitas that 
are specifically for trafficking victims.  Foreign victims have the 
same access to care as domestic trafficking victims.  NGOs Kljuc and 
Karitas provide specialized care for adult victims, both men and 
women, while NGO Slovene Philanthropy provides specialized care for 
child victims.  The government provided $95,000 for victim 
assistance during the reporting period to provide for shelter and 
other services. 
 
C. The government provided quality victim assistance and protection 
during the reporting period, with $95,000 from the federal budget 
going to two NGOs to provide both short-term and extended victim 
assistance including shelter, rehabilitative counseling, medical 
assistance, vocational training, and legal assistance. 
 
D. Yes.  Foreign trafficking victims who assist law enforcement are 
eligible to stay in Slovenia for the duration of the trial or longer 
in case they are included into the integration process (studying, 
working). 
 
E. The government provides shelter or housing assistance for up to 
one year, as well as counseling and other resources.  Also see the 
previous answer. 
 
F. The government continued to implement its formalized victim 
identification and referral mechanism during the reporting period; 
the process provides victims with access to the short- and long-term 
care facilities and resources discussed in paragraphs B and C. 
 
G. The total number of victims identified was 65. The number of 
victims referred to care facilities for assistance by law 
enforcement authorities during the reporting period was not 
available, but we might be able to update it before the final 
deadline. NGOs assisted 38 victims (Kljuc 19, and Karitas 19).  Both 
NGOs also responded to many phone calls and offered advice by phone 
 
 
H. Yes.  Law enforcement, immigration, and social services personnel 
receive formal training and have formal procedures to identify 
victims and refer them to the proper care facilities. 
 
I. The government respects the rights of victims, and victims are 
not detained or jailed, fined, or prosecuted for other violations. 
 
J. The government encourages victims to assist in the investigation 
and prosecution of trafficking, and provides foreign victims with 
temporary residency permits while they are doing so.  One victim is 
a witness in an ongoing prosecution begun during the reporting 
period.  Victims may file civil suits or seek legal action against 
traffickers, and there is no impediment to such legal redress. 
Victims are permitted to obtain other employment or to leave the 
country pending trial proceedings when the victim is the material 
witness in a court case.  Victims may obtain restitution through 
civil suit, and the 2006 law on victim compensation ensures that 
victims can receive compensation for injuries or harm suffered from 
trafficking even if the perpetrator is not caught or prosecuted. 
 
K. The government provides specialized training for government 
officials in identifying trafficking victims and in the provision of 
assistance to trafficked victims, including the special needs of 
trafficked children.  The government also provides training on 
protections and assistance to its embassies and consulates in 
foreign countries that are destination or transit countries. As far 
as we know, Slovenia's embassies or consulates abroad did not assist 
any trafficking victims during the reporting period. 
 
L. Yes. The government provides such assistance for reintegration 
into Slovenia. 
 
M. The NGOs Kljuc, Karitas, and Slovene Philanthropy provide 
housing, counseling, and other victim assistance; they also 
participate in public awareness campaigns and training.  UNHCR works 
with asylum seekers who are at greatest risk for trafficking, 
providing information and assistance.  These organizations receive 
excellent cooperation from local authorities. 
 
6. Prevention 
------------- 
 
A. The Ministry of Interior funded public awareness campaigns 
conducted by the NGOs Karitas and Kljuc that targeted groups most 
vulnerable to trafficking. The national coordinator did radio 
interviews and appeared on television talk shows to highlight the 
problem.  In October 2008 the working group facilitated programs in 
high schools throughout the country in connection with European 
Antitrafficking Day. 
 
The Ministry of Interior, UNHCR, Kljuc, and the NGO Filantropia 
jointly administered a project that addressed trafficking and gender 
based violence by providing information and assistance to asylum 
seekers at greatest risk of being trafficked, particularly single 
women and children separated from their parents. 
 
The government also continued the "Vijolica" and "CAP" programs, 
administered by Kljuc, to provide trafficking awareness classes for 
elementary and secondary school students. 
 
B. The government monitors immigration and emigration patterns for 
evidence of trafficking, and immigration and law enforcement 
officials screen for potential trafficking victims along borders. 
The government continued to actively cooperate with NGOs and 
Interpol in project "Red Routes" by sharing information about 
traffickers and patterns of illegal migration. 
 
C. The government's national coordinator for trafficking in persons 
served as the head of the interagency working group on trafficking 
in persons, which is responsible for the government's long-term 
national strategy to combat trafficking.  The working group 
consisted of representatives of ministries, NGOs, international 
organizations, and the media. 
 
D. The interagency working group on trafficking in persons 
established a 2008-09 action plan against trafficking that included 
trafficking legislation, prevention, prosecution, victims' 
assistance, and projects.  The Ministries of Interior, Social Work, 
and Education, as well as NGOs and media representatives were 
involved in developing the action plan.  The government provided 
funding for and conducted awareness campaigns; investigated and 
prosecuted criminal acts of trafficking; cooperated with NGOs, the 
media, and other countries in prevention efforts; and provided 
funding and training for victims' assistance. 
 
E: The government sponsored awareness brochures and TV commercials 
targeting possible commercial sex clients. 
 
F. The government's efforts did not include specific measures to 
reduce participation in international child sex tourism. 
 
7. Post's point of contact is Evan Haglund, political officer, tel: 
+386-200-5676, fax: +386-200-5555.  LES spent 50 hours, FS-04 
pol/econ officer spent 23 hours, FS-01 A/DCM spent 3 hours in 
preparing the report. 
 
FREDEN