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RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 07 PRISTINA 000064 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G-ACBLANK, EUR, EUR/SCE, DRL, INL, PRM, EUR/PGI 
 
E.O. 12958: N/A 
TAGS: PHUM KTIP KJUS EAID KDEM KCRM KWMN SMIG KFRD ASEC
PREF, ELAB, KV 
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT FOR KOSOVO 
PART 1 OF 3 
 
REF: STATE 132759 
 
¶1. (SBU) SUMMARY:  Embassy Pristina's submission for the Ninth 
Annual Trafficking in Persons (TIP) Report follows.  From 1999 to 
2008, Kosovo was administered by the United Nations Interim 
Administrative Mission in Kosovo (UNMIK) under the authority of UN 
Security Council (UNSC) Resolution 1244.  On February 17, 2008, the 
Kosovo Assembly declared Kosovo's independence.  On June 15, 2008, 
Kosovo's constitution entered into force; from that point the 
Government of Kosovo (GOK) assumed full responsibility for the 
country's civil administration and increasing responsibility for law 
enforcement, including anti-TIP efforts.  The European Union's 
Rule-of-Law Mission in Kosovo (EULEX) began operations on December 9 
and replaced UNMIK rule-of-law structures throughout the country; 
EULEX provides advice, mentoring and monitoring to Kosovo 
rule-of-law institutions and possesses limited executive authority. 
For the first time, the GOK led Kosovo's counter-trafficking efforts 
during the entire reporting period.  The GOK, with limited 
resources, has demonstrated the political will and social commitment 
to address trafficking, and took positive steps to prevent 
trafficking, prosecute traffickers, and provide assistance to 
Victims of Trafficking (VOT). 
 
2.(SBU) Kosovo possesses one of the more sophisticated and 
progressive anti-trafficking legal frameworks in the region, and it 
has done a good job of applying the law.  During the rating period, 
the GOK assisted 27 victims of trafficking; the judiciary worked on 
56 cases of suspected trafficking which resulted in 15 convictions, 
14 of which received sentences of more than five years; and the GOK 
supported numerous educational programs from primary to university 
education levels designed to inform and prevent trafficking in 
persons.  The Kosovo Police Service (KPS) continued with its program 
of instruction to new recruits on identification and proper 
detention of suspected trafficking victims.  Of particular 
significance, the GOK's work with shelters for VOT has been 
noteworthy:  of the three existing shelters for victims, the GOK 
funds two outright and a substantial portion of the third.  In 
April, the GOK, seeking to improve coordination and effectiveness of 
its anti-TIP efforts, transferred responsibility for Kosovo's 
anti-trafficking operations to the Ministry of Internal Affairs 
(MOIA).  Under the leadership of the new National Anti-Trafficking 
Coordinator (NATC), Deputy Minister of Internal Affairs Fatmir 
Xhelili, the GOK published its first National Strategy and its 
second Action Plan Against Trafficking in Human Beings, (abbreviated 
Kosovo Action Plan, or KAP) and began implementation.  The NATC 
regularized the TIP Inter-Ministerial Working Group meetings on a 
monthly basis and ensured that the anti-trafficking helpline was 
properly staffed and trained.  In December, his office organized a 
conference to assess the implementation of the KAP, and issued a 
progress report on its implementation.  Challenges remain, and the 
GOK will need to intensify its efforts in several areas over the 
next reporting period.  The GOK must find better ways to control 
work permits which are falsely obtained for the purposes of 
trafficking, and improve data collection on activities related to 
TIP.  Prosecutors and judges need further training in order to 
understand the sophisticated nature of this crime and establish more 
effective cooperation with the police in pursuing convictions. 
Kosovo's ability to combat trafficking is also negatively impacted 
by its unique political situation which makes investigation in 
minority Serb communities nearly impossible and cooperation through 
international police networks complicated. 
 
Question 23A: What is (are) the source(s) of available information 
on trafficking in persons?  What plans are in place (if any) to 
undertake further documentation of human trafficking?  How reliable 
are these sources? 
 
¶3. (SBU) The sources of available information on trafficking in 
persons come primarily from Victims of Trafficking (VOT) assisted 
 
PRISTINA 00000064  002 OF 007 
 
 
and identified by the Kosovo Police Service (KPS) Trafficking in 
Human Beings Section (THBS), shelters, and international 
organizations such as the International Organization for Migration 
(IOM). 
 
¶4. (SBU) Efforts to improve documentation of VOT are ongoing. In 
March, the International Center for Migration Policy Development 
(ICMPD) provided a computer and database to help track the VOT 
staying at shelters and create more accurate records.  The GOK is 
continuing its efforts to finalize this project and plans to 
complete implementation later in 2009. 
 
¶5. (SBU) Detailed, reliable statistics are difficult to collect and 
often misleading because organizations active in counter-trafficking 
efforts rely on different definitions of trafficking, employ uneven 
statistical analyses, and overlap in data collection.  There is no 
single data collection point for all TIP stakeholders.  Statistics 
on trafficking come primarily from trafficking victims whom the 
police have identified or, in some cases, victims who go directly to 
the International Organization for Migration (IOM) or come to social 
workers' attention.  Many victims are never identified due to the 
hidden nature of the crime. 
 
Question 23B: Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or children? 
Does trafficking occur within the country's borders?  If so, does 
internal trafficking occur in territory outside of the government's 
control (e.g. in a civil war situation)?  To where are people 
trafficked? For what purposes are they trafficked?  Provide, where 
possible, numbers or estimates for each group of trafficking 
victims.  Have there been any changes in the TIP situation since the 
last TIP Report (e.g. changes in 
destinations)? 
 
¶6. (SBU) Kosovo is a source, transit point, and destination for 
trafficked persons.  Internal trafficking is a growing concern.  As 
in previous years, the majority of identified victims were women and 
girls trafficked for the purpose of sexual exploitation.  The single 
documented exception occurred in November when a Turkish male was 
discovered to be the victim of organ trafficking.  The victim was 
treated in Pristina University Hospital, and police arrested three 
individuals for involvement in organ trafficking.  The investigation 
is proceeding. 
 
¶7. (SBU) Kosovo Police speculate that internal trafficking may occur 
in north Kosovo, a region above the Iber/Ibar River and beyond the 
government's effective control.  Limited information exists on the 
extent of the TIP problem in northern Kosovo.  The Kosovo Police 
Service (KPS) is one of the few GOK organizations operating in 
Kosovo Serb areas, but underlying political tensions have made it 
impossible for the KPS to recruit a Kosovo Serb police officer for 
its Trafficking in Human Beings Section (THBS).  (Note:  Two days 
after Kosovo declared independence, 347 Kosovo Serb police walked 
off the job and have not yet returned.  End Note.)  The KPS reported 
that it has advertised positions in the anti-trafficking unit in 
Serbian but has not received any applications.  Without a Kosovo 
Serb officer, the KPS is unable to mount undercover operations or 
gain an accurate picture of TIP issues in Kosovo Serb communities. 
 
 
¶8. (SBU) Overwhelmingly, VOT are trafficked to Kosovo as their final 
destination and for the purposes of sexual exploitation.  Neither 
the KPS, the IOM, nor the Ministry of Justice's Victims' Advocacy 
and Assistance Division (VAAD) have any evidence of labor 
trafficking.  The Turkish male trafficked to Kosovo for organ 
harvesting in December remains the only known case of trafficking 
for illegal medical practices. 
 
¶9. (SBU) KPS and IOM statistics illustrate well trafficking trends 
 
PRISTINA 00000064  003 OF 007 
 
 
for Kosovo more generally.  From April 2008 through January 2009, 
the KPS reported 24 victims, 14 of whom were non-minority Kosovo 
Albanians.  Five of the remaining victims were from Moldova, two 
from Albania, one from Bulgaria, one from Serbia, and one from 
Turkey.  All were female except the VOT from Turkey.  Four of the 
victims that KPS identified in 2008 were minors:  three from Kosovo 
and one from Albania.  From April 2008 to January 2009, the IOM 
assisted nine VOT: seven of those whom the IOM assisted were from 
Kosovo, including three minors.  IOM reported that 2008 was the 
third year in a row in which it assisted more internally trafficked 
than foreign victims in Kosovo. 
 
¶10. (SBU) The VAAD reported assisting 27 victims of trafficking in 
2008, 20 of whom were internally trafficked.  They noted that all 
but one of the internally trafficked victims were Kosovo Albanians; 
the other was a Kosovo Serb.  The foreign victims were from Albania 
and Moldova. 
 
¶11. (SBU) From 1999 through December 31, 2008, the IOM assisted 589 
mainly international victims of trafficking.  Moldovans accounted 
for 51 percent of the victims, followed by about 19 percent from 
Romania, 13 percent from Ukraine, seven percent from Albania, six 
percent from Bulgaria, one percent from Russia, and less than one 
percent from Nigeria, Serbia, and Slovakia.  The majority of these 
victims were between the ages of 18 and 24 years.  IOM reported that 
almost 82 percent of the Kosovar victims were internally trafficked, 
while approximately seven percent were trafficked to Macedonia, 
three percent to Italy and Albania, and less than one percent each 
to Belgium, England, Germany, Montenegro, and Switzerland. 
¶12. (SBU) IOM statistics for the period April 1 to December 31, 2008 
indicate that 14 percent of local victims were not enrolled in 
school, 14 percent finished two classes of the primary school, 14 
percent attended elementary school (ninth grade), 14 percent 
finished elementary school (ninth grade), 28 percent attended 
secondary education (high school), 14 percent completed secondary 
education (high school), and none attended or completed university. 
 
Question 23C: What kind of conditions are the victims trafficked 
into? 
 
¶13. (SBU) The KPS and the Catholic Relief Services (CRS) say 
traffickers allow victims some freedom of movement, acceptable 
living conditions, and victims receive a portion of their earnings. 
The KPS sees evidence of wire transfers from foreign victims to 
their families back home.  The KPS reports that victims they have 
seen are often living in or adjacent to the clubs and hotels where 
they work and are allowed to make supervised trips into town. 
Scattered reports of trafficking victims being subjected to 
beatings, rape, denial of access to health care, and confiscation of 
travel and identity documents remain, but increased law enforcement 
has reduced these incidents.  The KPS and CRS report that 
traffickers are less brutal towards their victims.  The IOM agrees 
that traffickers are generally treating VOT better and reports that 
most trafficking victims are sharing small motel rooms.  VOT, 
according to IOM, have limited or no freedom of movement. 
 
¶14. (SBU) As in past years, the majority of victims are found 
working in bars and restaurants, but counter-trafficking 
organizations report that traffickers are increasingly shifting the 
commercial sex trade into private homes and escort services to avoid 
detection, a result of the KPS' increasingly frequent bar and 
restaurant checks.  KPS reports that traffickers are asking that 
clients pay the women directly so it looks more like prostitution 
than trafficking if they are caught. 
 
Question 23D: Vulnerability to TIP: Are certain groups of persons 
more at risk of being trafficked (e.g. women and children, boys 
versus girls, certain ethnic groups, refugees, IDPs, etc.)? 
 
 
PRISTINA 00000064  004 OF 007 
 
 
¶15. (SBU) Victims trafficked to Kosovo continue to be almost 
exclusively women and adolescent girls from Eastern Europe, the 
Balkans, and the former Soviet Union.  KPS statistics indicate that 
four victims were minors:  three from Kosovo and one from Albania. 
The number of identified trafficking victims declined during the 
reporting period and, similar to last year, there were more 
internally trafficked than foreign victims.  KPS attributes the 
decline in identified victims to border police becoming more 
effective at identifying and refusing entry to potential victims and 
to traffickers becoming more sophisticated in their operations.  The 
KPS and Kosovo Special Prosecutor's Office (KSPO) are focusing on 
traffickers' networks and disrupting traditional trafficking 
patterns.  (Note: In the past, police and prosecutors tended to go 
after individual bars rather than try to break the trafficking 
networks.  While the investigations were quicker, the bars would 
often open up again a few months later under a different name but 
with the same women.  End Note.) 
 
¶16. (SBU) KPS, IOM, and others involved in counter-trafficking work 
in Kosovo believe that most victims are young women from families 
with a high level of poverty, unemployment, and illiteracy.  Foreign 
targets tend to be 18 to 24 years old, while local targets are 
generally 16 to 18 years old.  Trafficked minors tend to be locals 
from dysfunctional, abusive families.  IOM records indicate that 
traffickers most often recruit poor women and girls from rural 
villages where economic opportunities are limited.  According to 
IOM, traffickers particularly target those who have sick family 
members or are from abusive families. 
 
Question 23E: Traffickers and Their Methods: Who are the 
traffickers/exploiters?  Are they independent business people? 
Small or family-based crime groups?  Large international organized 
crime syndicates?  What methods are used to approach victims?  For 
example, are they offered lucrative jobs, sold by their families, or 
approached by friends of friends?  What methods are used to move the 
victims (e.g., are false documents being used?).  Are employment, 
travel, and tourism agencies or 
marriage brokers involved with or fronting for traffickers or crime 
groups to traffic individuals? 
 
¶17. (SBU) The data on traffickers is unreliable, but most people 
working in the counter-trafficking field in Kosovo believe organized 
crime elements are mostly responsible.  KPS believes most 
traffickers work in small groups and recruit through personal 
contacts.  It believes some traffickers may be former trafficking 
victims who have returned to their countries of origin to recruit 
new victims.  The KPS believes Kosovo Albanian and Kosovo Serb 
organized crime elements collaborate in the trafficking of women and 
that some women are trafficked from or through Serbia into Kosovo, 
where brothel owners purchase them.  Based on arrests and 
information provided by the victims they have assisted, IOM and the 
KSPO report most traffickers are local men. 
 
¶18. (SBU) The KPS reports that the vast majority of trafficking 
victims state that someone they knew recruited them with a false job 
offer or, in one case, a false promise of marriage.  IOM reports 
that of the 589 mainly international victims it assisted between 
1999 and December 2008, 72 percent fell prey to traffickers after 
accepting a bogus job offer abroad, four percent claim to have been 
kidnapped, and four percent were promised marriage.  In 83 percent 
of cases, recruiting was through personal contacts; the recruiter 
was an acquaintance of the victim in 31 percent of the cases, and a 
family friend in approximately 19 percent.  IOM records indicate 
that most recruiters are female. 
 
¶19. (SBU) KPS reports that few trafficking victims enter illegally 
or use false documents.  Most trafficking victims possess valid 
passports and valid employment contracts for work as waitresses and 
dancers.  The contracts are registered by Kosovo law firms and 
 
PRISTINA 00000064  005 OF 007 
 
 
stamped by municipal authorities.  According to the KPS, some 
victims receive pay only for performing sexual services and not for 
the work stated in their employment contracts.  IOM also says most 
victims have their documents in order, but they still find some 
cases of victims coming to Kosovo on false or expired documents. 
 
¶20. (SBU) The KPS reported that many victims arrive via Pristina 
Airport, especially if they are not from a country bordering Kosovo. 
 The KPS stated that employment, travel, tourism agencies, and 
marriage brokers are generally not involved.  The majority were 
promised jobs in coffee bars, night clubs, and hotel massage 
parlors. 
 
Question 24A: Does the government acknowledge that trafficking is a 
problem in the country?  If not, why not? 
 
¶21. (SBU) The GOK acknowledges that human trafficking is a problem 
and has demonstrated the political will to address it.  The GOK 
named a new National Anti-Trafficking Coordinator (NATC) in April 
and adopted its first National Strategy and second Action Plan 
Against Trafficking in Human Beings (abbreviated Kosovo Action Plan, 
or KAP) in cooperation with many NGOs and international 
organizations.  The NATC continued the Inter-Ministerial Working 
Group on trafficking in persons, and regularized their meetings. 
Additionally, the NATC supported the efforts of four working groups 
to tackle prevention, protection, prosecution, and trafficking in 
children.  The GOK has also launched training sessions and 
anti-trafficking campaigns with the support of NGOs, international 
organizations and liaison offices. 
 
Question 24B: Which government agencies are involved in 
anti-trafficking efforts and which agency, if any, has the lead? 
 
¶22. (SBU) In April, the Office of the National Anti-Trafficking 
Coordinator shifted from the Prime Minister's Advisory Office on 
Good Governance (AOGG) to the Ministry of Internal Affairs (MOIA), 
which now has the lead on anti-trafficking work.  Other agencies 
involved in counter-trafficking work include the Ministry of 
Education and Technology; the Ministry of Culture, Youth and Sports; 
the Ministry of Justice; the Ministry of Labor and Social Welfare; 
the Ministry of Health; the Ministry of Public Services; the 
Ministry of Local Government and Administration; the Ministry of 
Finance; the Ministry of Trade and Industry; and the Ministry of 
Communities and Returns.  International organizations and NGOs also 
play active roles in counter-trafficking efforts in Kosovo. 
 
¶23. (SBU) Kosovo also has an Inter-Ministerial Working Group on 
trafficking issues, which the government has tasked with designing, 
implementing, and monitoring the Kosovo Action Plan.  It includes 
members of the GOK, international organizations, and local NGOs.  In 
2006, the Inter-Ministerial Working Group established sub-working 
groups on prevention, protection, prosecution, and trafficking in 
children.  Their work continued during the reporting period. 
 
Question 24C: What are the limitations on the government's ability 
to address this problem in practice?  For example, is funding for 
police or other institutions inadequate?  Is overall corruption a 
problem?  Does the government lack the resources to aid victims? 
 
¶24. (SBU) The hidden nature of the problem, reluctance of witnesses 
to come forward, lack of resources, poor cooperation and information 
sharing within the counter-trafficking community, and inadequate 
training of judges and prosecutors hinder the GOK's ability to 
address the trafficking problem.  There is no direct evidence of 
corruption related to trafficking cases, but some interlocutors 
believe corruption is a problem, particularly at the borders.  Low 
salaries for local law enforcement officials and a still-developing 
rule-of-law system create conditions that make corruption a concern. 
 Transparency International's 2007 Global Corruption Barometer 
 
PRISTINA 00000064  006 OF 007 
 
 
states that 67% of Kosovo citizen respondents reported paying a 
bribe to obtain a service, placing Kosovo in the worst category. 
 
¶25. (SBU) The KPS reports myriad obstacles to fighting trafficking. 
Traffickers are growing more sophisticated and are getting better at 
making trafficking look like prostitution (see paragraph 14). 
Officers complain of women or girls whom they suspect of being 
trafficking victims denying that they are victims, and they suspect 
fear of the traffickers is to blame.  Witness intimidation remains a 
serious problem. 
 
¶26. (SBU) Resources are scarce for all Kosovo government services, 
and low funding created problems for conducting extensive undercover 
law enforcement operations during the reporting period.  KPS 
operations also suffered from a lack of equipment which was 
partially alleviated by donations from the international community 
during the reporting period.  One KPS official reported that 
undercover officers are easily detected by traffickers because there 
is no budget for expenses during undercover operations, and they sit 
for hours in bars and restaurants collecting intelligence without 
ordering food and drinks. 
 
¶27. (SBU) The KPS' Trafficking in Human Beings Section (THBS) is not 
fully staffed, with 29 of its 38 officer positions filled.  Nine 
officers work at the Pristina headquarters, and KPS THBS currently 
has seven female officers stationed in Pristina, Prizren, and south 
Mitrovica.  KPS plans to recruit more female officers because  of 
the advantage female officers have in gaining the trust and 
confidence of female trafficking victims. 
 
¶28. (SBU) Another human resources problem is the lack of Kosovo Serb 
officers in the anti-trafficking unit.  KPS says it is difficult for 
a Kosovo Albanian officer to mount a surveillance or undercover 
operation in a suspected trafficking bar or restaurant in a Kosovo 
Serb enclave or in a Kosovo Serb majority area of northern Kosovo. 
KPS reports that it tried to recruit a Kosovo Serb officer and has 
run vacancy announcements in Serb publications without result.  This 
absence of Kosovo Serb officers grew worse in the aftermath of 
Kosovo's declaration of independence, when 347 Kosovo Serb police 
officers walked off the job on February 19.  They have not yet 
returned to work. 
 
¶29. (SBU) Resources to assist trafficking victims are also scarce. 
Catholic Relief Service (CRS) noted that the new Kosovo Action Plan 
was drafted with the expectation of a donor conference being 
organized to fund the different activities together with the GOK. 
The donor conference did not occur, but TIP conferences were held 
during the reporting period. 
 
Question 24D: To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- prosecution, 
victim protection, and prevention) and periodically make available, 
publicly or privately and directly or through regional/international 
organizations, its assessments of these anti-trafficking efforts? 
 
¶30. (SBU) The GOK monitors its anti-trafficking efforts and is 
willing to make information on its efforts available publicly or 
privately.  GOK offices cooperate openly with Embassy and 
international organizations in sharing information on trafficking. 
The NATC in the Ministry of Internal Affairs (MOIA) is responsible 
for coordinating and reporting on counter-trafficking efforts.  In 
December the NATC organized an anti-TIP conference to review the 
implementation of the Kosovo Action Plan.  Media attended and 
reported on the event, and a follow-on progress report noted the 
goals achieved and identified remaining challenges. 
 
¶31. (SBU) Another effort at monitoring anti-trafficking efforts is 
the KPS' yearly TIP report, which was issued for the third 
consecutive year in 2008.  The report analyzes trends and accurately 
 
PRISTINA 00000064  007 OF 007 
 
 
describes the trafficking situation in Kosovo. 
 
Question 25A: Existing Laws against TIP: Does the country have a law 
or laws specifically prohibiting trafficking in persons -- both for 
sexual exploitation and labor?  If so, please specifically cite the 
name of the law(s) and its date of enactment and provide the exact 
language [actual copies preferable] of the TIP provisions.  Please 
provide a full inventory of trafficking laws, including non-criminal 
statutes that allow for civil penalties against alleged trafficking 
crimes (e.g., civil forfeiture laws and laws against illegal debt). 
Does the law(s) cover both internal and transnational forms of 
trafficking?  If not, under what other laws can traffickers be 
prosecuted?  For example, are there laws against slavery or the 
exploitation of prostitution by means of force, fraud, or coercion? 
Are these other laws being used in trafficking cases? 
 
¶32. (SBU) The Provisional Criminal Code of Kosovo (PCCK) or 
UNMIK/REG/2003/25, which came into effect on April 6, 2004, and 
covers internal and external trafficking, including myriad 
activities related to trafficking.  Its provisions include Article 
137 on slavery and forced labor, Article 138 on smuggling of 
migrants, Article 139 on trafficking in persons, Article 140 on 
withholding identity papers of trafficking victims, Article 201 on 
facilitating prostitution, Article 183 on violating employment 
rights, Article 193 on rape, Article 195 on sexual assault, Article 
196 on degradation of sexual integrity, Article 197 on sexual abuse 
of persons with mental or emotional disorders or disabilities, 
Article 198 on sexual abuse of persons under the age of 16, Article 
236 on misuse of economic authorizations, Article 274 on organized 
crime, Article 303 on failure to report preparation of criminal 
offenses, Article 304 on failure to report criminal offenses or 
perpetrators of criminal offenses, Article 305 on providing 
assistance to perpetrators after the commission of criminal 
offenses, and Article 310 on intimidation during criminal 
proceedings for organized crime. 
 
¶33. (SBU) The PCCK is sophisticated legislation for the region and 
fully addresses trafficking and trafficking-related crimes.  Some 
believe it is under-implemented.  The KPS says some prosecutors 
still lack awareness of the use of the instruments now available 
during investigative and trial phases.  At times, the KPS reports 
that it has had to insist on the application of such measures. 
Kosovo 2009 TIP Report Submission continued SEPTEL - Part 1 of 3. 
 
KAIDANOW