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Viewing cable 10BRATISLAVA71, SLOVAKIA 2010 ANNUAL REPORT ON TRAFFICKING IN PERSONS
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
10BRATISLAVA71 | 2010-02-18 15:39 | 2011-08-30 01:44 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Bratislava |
VZCZCXRO6870
RR RUEHIK
DE RUEHSL #0071/01 0491539
ZNR UUUUU ZZH
R 181539Z FEB 10
FM AMEMBASSY BRATISLAVA
TO RUEHC/SECSTATE WASHDC 0423
INFO RUCNCIS/CIS COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHSL/AMEMBASSY BRATISLAVA 0489
UNCLAS SECTION 01 OF 10 BRATISLAVA 000071
SENSITIVE
SIPDIS
STATE FOR G/TIP, G-LAURA PENA, EUR/CE, EUR/PGI, G, INL, DRL, PRM
STATE PLEASE PASS TO USAID, DOJ, DHS, DOL, TREASURY DEPT
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KMCA
SUBJECT: SLOVAKIA 2010 ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: 10 STATE 2094
BRATISLAVA 00000071 001.3 OF 010
SUMMARY
¶A. Slovakia continues to make strides in strengthening and
expanding its anti-TIP programs. A generous victim assistance
program provides both Slovak and foreign victims with a minimum
of 180 days of fully funded crisis intervention and
reintegration services. Although estimates on the total number
of victims in Slovakia have not changed, the assistance program
has grown significantly in the past year, with a nearly 60
percent increase in victims identified and participating.
The GOS is making serious efforts to identify foreign victims
through outreach to asylum-seekers and immigration detention
camps and public information campaigns. Training activities in
2009 focused on areas that had been identified as gaps last
year: border police and community workers working with
vulnerable Roma, who make up an increasing percentage of Slovak
victims. Despite these efforts, the GOS has not yet identified
foreign victims.
There is still room for improvement in investigation and
prosecution of traffickers. Training and capacity-building of
police investigators, prosecutors, and judges will enhance the
GOS's track record in getting convictions and prison time for
traffickers. End summary.
¶B. Answers below are keyed to section and paragraph numbers in
reftel. Embassy Bratislava point of contact is:
Name: Anne Debevoise
Position: Consular Officer
Phone: 421 2 5922 3291
Fax: 421 2 5441 8861
E-mail: debevoiseab@state.gov
¶C. Total time to complete TIP report:
FSN: 50
FS04: 50
FS02: 30
FS01: 1
¶1. SLOVAKIA'S TIP SITUATION
¶A. SOURCES OF INFORMATION
The Ministry of the Interior (MOI), police, the International
Organization for Migration (IOM), and NGOs are reliable sources
of information regarding the number and kinds of TIP victims.
In March 2010, the government will open an International TIP
Information Center in the city of Kosice in eastern Slovakia.
The MOI has devoted USD 75,400 to the center, which will
centralize the collection of TIP data for Slovakia and
facilitate information sharing with neighboring countries.
¶B. COUNTRY OF ORIGIN AND TRANSIT
Slovakia is considered a source and transit country for
trafficking in persons. IOM estimates that 150 to 200
individuals are trafficked each year. 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 some women may be
forced to work briefly in Slovakia while in transit to their
final destinations in Western Europe.
According to NGOs, most of the victims trafficked through
Slovakia come from the former Soviet Republics (especially
Moldova and Ukraine), Bulgaria, the Baltics, the Balkans and
China. Victims are mainly trafficked to the Czech Republic,
Germany, United Kingdom, and Ireland, with smaller numbers going
to Switzerland, Sweden, Italy, Austria, the Netherlands, Spain,
Croatia, and Slovenia.
NGOs have reported some cases of internal trafficking within
Slovakia, usually of Roma women trafficked from the eastern to
the western part of the country.
Slovak victims usually come from economically depressed regions
of Slovakia with high levels of unemployment, especially eastern
Slovakia. They are trafficked for sexual exploitation, as well
as for forced labor.
¶C. CONDITIONS
Victims report being trafficked after accepting offers from
BRATISLAVA 00000071 002.3 OF 010
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.
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, and become victims of
trafficking in the destination country. The NGO Caritas
reported that one of its Roma clients was a young woman who grew
up in an orphanage, was trafficked by an acquaintance, and was
living in his apartment in Prague while being sexually
exploited. We also heard from NGOs that several of the Roma
victims they have helped are mentally handicapped.
The NGO Dotyk described groups of Roma men who traveled to the
UK with the promise of jobs on farms. Upon arrival, traffickers
took their travel documents and told the men they owed USD
12,500 for their travel and living costs. The men said they
were sent out to commit theft to pay off their debts. The
Police Anti-Trafficking Unit reported that traffickers are also
increasingly applying for and collecting social benefits in the
UK on behalf of their victims.
Roma activists have reported 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.
¶D. VULNERABLE GROUPS
The MOI, IOM, and NGOs all report that an increasing percentage
of Slovak TIP victims are Roma. The NGO Dotyk reported that
while five years ago their typical TIP client was an ethnically
Slovak woman in her late teens to early twenties, in the past
few years they have found that the majority of victims are
poorly-educated, vulnerable Roma from segregated settlements,
ranging in age from teen to middle-aged. Other NGOs have found
that about half of their TIP clients are Roma. They also report
an increase in cases of trafficking of Roma men for forced labor.
¶E. TRAFFICKERS AND THEIR METHODS
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 trafficking
victims in particular tend to know their traffickers, who are
often also Roma. The Police Anti-Trafficking Unit reports that
Roma traffickers operate in groups based on family clans.
¶2. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
¶A. ACKNOWLEDGMENT OF A PROBLEM
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 Interagency TIP Expert Group. Cecot and his staff have
demonstrated a sustained commitment to upgrading GOS efforts to
combat TIP. The Director of the MOI's Department of Security
Strategies, Jozef Hlinka, is responsible for the day-to-day
activities of the Expert Group and oversees the implementation
of the National Program. Hlinka chaired the Expert Group meeting
in December 2009 to discuss progress on the 2008-2010 National
Action Plan. This included 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
BRATISLAVA 00000071 003.3 OF 010
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 workers'
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.
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's 2009 budget to fight trafficking was
approximately $400,000, with $275,000 granted to NGOs to provide
training, prevention, and victim assistance. Anti-TIP police
remain funded at past levels, supporting 10 officers at the
national police headquarters. Government corruption is not a
problem for trafficking in persons. NGOs report that they
believe government resources devoted to anti-TIP efforts are
more than sufficient for their needs, and in fact are more
generous that many other European countries, especially in the
area of victim assistance. The NGO Caritas said that its budget
for victim assistance was much more generous than it could use
during 2009.
Inability to identify foreign victims remains a limitation, but
in 2009 the GOS expanded its training program for border police
and social workers, and its outreach to illegal migrants and
asylum-seekers in order to identify foreign victims.
Effective investigation and prosecution of traffickers is also a
limitation. NGOs familiar with the Slovak police reported that
investigators have difficulty conducting large-scale
investigations on TIP, particularly on traffickers' finances,
due to a lack of capacity. They are more likely to focus on
low-level traffickers than to find connections to organized
crime. The NGOs recommended that the existing police anti-TIP
unit develop a trained, specialized investigator to handle TIP
cases.
¶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. In 2008, the
UNODC and the MOI conducted a joint evaluation of Slovakia's TIP
programs. As a signatory to the Council of Europe's
anti-trafficking convention, Slovakia is subject to regular
monitoring of its TIP activities. The evaluating body, the
Group of Experts on Action against Trafficking in Human Beings
(GRETA), will conduct its first evaluation of Slovakia starting
in February 2010.
¶E. ESTABLISHING IDENTITY OF POPULATION
Local vital records offices (matrika) issue birth certificates
for each town and city. Matrika offices also accept
applications for Slovak citizenship and forward them to the MOI
for approval. All Matrika offices report to the MOI, which
maintains a central database of all citizens and residents.
Slovak law requires that all residents in Slovakia register
their permanent or temporary residence with the police
department in their district of residence.
BRATISLAVA 00000071 004.3 OF 010
¶F. DATA GAPS
The MOI's National Coordinator's office serves as the
clearinghouse for TIP data. It is capable of gathering the
required data, but is unable to provide some more detailed
information on criminal cases (e.g. the number of cases that
were related to sexual vs. economic exploitation.) The
International TIP Information Center, scheduled to open in March
2010, is intended to gather and assess data and should improve
the quality of TIP information for Slovakia.
¶3. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
There have been no changes in laws against TIP, sex and labor
trafficking, or rape during the reporting period.
¶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 acknowledges 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 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. Starting in February 2010, the COE's Group of
Experts on Action Against Trafficking in Human Beings (GRETA)
will carry out an evaluation of Slovakia's performance for the
period 2007 to 2009.
In the past several years, Parliament has amended and ratified
other relevant trafficking legislation to conform with 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.
¶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 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.
¶C. PUNISHMENT OF LABOR TRAFFICKING OFFENSES
The penalty for trafficking for labor exploitation is the same
as for trafficking for sexual exploitation.
BRATISLAVA 00000071 005.3 OF 010
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.
¶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. LAW ENFORCEMENT STATISTICS
According to official statistics, 3 TIP cases reached the point
of investigation by the General Procurator during the reporting
period. For these cases, three perpetrators were identified, all
men. Nine victims were identified, all women. It was not
reported whether these were cases of sexual or economic
exploitation. There were no cases of trafficking of children
investigated during the reporting period.
The MOJ reported a total of ten convictions for TIP in 2009, and
one for trafficking in children. Of the ten TIP convictions,
six were under section 246 of the criminal code, which was
effective until December 31, 2005, and four were under section
179 of the criminal code, which is effective starting January 1,
¶2006. The single conviction of trafficking in children was
pursuant to sections 180 and 181. There were nine convictions
for pimping under section 367 of the criminal code.
For the ten TIP convictions, eight perpetrators received
suspended sentences and two received prison terms. (NOTE: it is
common for Slovak judges to grant suspended sentences for
first-time offenders for crimes with a maximum sentence of two
years or less. However, TIP offenses have a minimum sentence of
four years. End note.) The one person convicted of trafficking
in children received a prison sentence. Details on the length of
the sentences were not provided. There were no fines imposed.
It was not reported whether the TIP convictions were for sexual
or economic exploitation.
In 2009, the General Procurator investigated 19 cases of
pimping, leading to nine charges and three convictions.
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.
¶F. TRAINING
IOM and NGOs built on their 2008 GOS-funded training program,
training 319 individuals in victim identification, care, and
prevention in 2009. IOM and NGOs trained border police and
migration and asylum-seekers' camp employees; police officers
working as community liaisons; police academy instructors; labor
inspectors; members of the GOS's Plenipotentiary for Roma
Affairs; social workers working in Roma communities; Catholic
nuns and priests; and secondary school teachers.
The 10 officers in the Police Anti-trafficking unit located in
Bratislava have been fully trained in TIP, and often participate
in international trainings. All police districts have at least
one officer who receives some additional instruction and, among
his/her other duties, serves as a point of contact with the
Anti-trafficking unit.
NGOs and the GOS agree that more training is necessary,
especially for prosecutors, judges, and Roma community social
workers in eastern Slovakia. IOM reported that follow-up
training will be necessary in the next year to ensure that newly
hired officials are fully trained.
BRATISLAVA 00000071 006.3 OF 010
¶G. INTER-GOVERNMENTAL COOPERATION
The GOS cooperated with 14 international investigations on TIP
during the reporting period. Additionally, police had 65
working-level contacts and requests for information regarding a
total of 223 victims and 184 suspects. Over 40 of these cases
involved the UK, demonstrating that cooperation with the British
police is especially close. Most of these cases consisted of
requests from abroad for Slovak police assistance in cases
involving Slovak victims and suspects, mostly in the UK,
Ireland, and Germany.
Many international investigations occur in the framework of
Interpol and Europol. Additionally, Slovak embassies abroad
have a police attache who assists with joint investigations.
The government plans to use its new International TIP
Information Center (see section 1A) to improve cooperation and
information-sharing with other European countries.
¶H. EXTRADITION
Slovakia extradited four TIP suspects in 2009. Slovakia did not
request the extradition of any suspects.
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 in cases governed by a
treaty signed by Slovakia. The UN Convention against
Transnational Organized Crime allows 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.
¶J. STEPS TO END GOVERNMENT INVOLVEMENT IN TRAFFICKING
According to police and NGOs, there were no cases of government
officials involved in trafficking.
¶K. INVESTIGATION AND PROSECUTION OF NATIONALS DEPLOYED ABROAD
During the reporting period, Slovakia did not report any cases
of trafficking involving nationals deployed abroad.
¶L. 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
NGOs receive GOS funding from the National Program to provide
specialized victim assistance program for repatriated Slovaks,
internally trafficked Slovaks, and foreign victims. The victim
assistance program provides financial support for a minimum of
180 days (and is often extended, according to NGOs), including
90 days each of crisis intervention and reintegration. According
to NGOs and the MOI, the Slovak program is among the most
generous in the EU.
According to IOM, the situation in Slovakia continues to improve
every year. The generous package of victim support - including
legal, psychological, medical, and social help - has encouraged
returning victims to seek assistance. The GOS is ready to
provide the same level of assistance to foreign victims once
they are identified.
Slovak law provides for a renewable 40-day "tolerated stay" for
foreign victims of serious crimes, including TIP. 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.
The government provides witness protection for victims. NGOs,
through their victim assistance grants, provide protection for
victims housed in their shelters by the use of a private
BRATISLAVA 00000071 007.3 OF 010
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.
¶B. VICTIM CARE FACILITIES
The government provides dedicated shelters through its NGO
programs. In 2009, the MOI funded six NGOs with approximately
USD $241,000 for victim care. Three of these NGOs - IOM, Dotyk,
and Caritas - provided shelter for TIP victims. There are no
specialized facilities for male victims of TIP. There was one
child participant in the National Program; an NGO provided
reintegration services to her while she was living at home with
her family.
Foreign victims have the same access to shelter as Slovak
victims.
¶C. VICTIM SERVICES AND FUNDING
Through NGO grants totaling $241,000 in 2009, National Program
victim assistance program provides Slovak and foreign TIP
victims with medical, psychological, and legal services for a
minimum of 180 days. The program also provides secure shelter,
food, clothing, and job retraining and job-seeking help free of
charge. Victims do not have to cooperate with police in order
to join the program. However, victims who do cooperate with
police investigations of traffickers can receive services for
the duration of their cases, which could last several years.
¶D. PROVISIONS FOR FOREIGN TIP VICTIMS
Slovak law provides for a renewable 40-day "tolerated stay" for
foreign victims of serious crimes, including TIP. 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 eligible for the same benefits as Slovak
victims under the National Program. However, these measures
were not put in practice during the reporting period due to a
lack of identified foreign victims.
¶E. LONG TERM SHELTER
NGOs reported that the government resources devoted to assisting
TIP victims are quite generous. Victims participating in the
National Program are able to stay in state-funded shelters and
rehabilitation programs for at least 180 days. Victims
cooperating with police investigations can stay as long as their
cases are ongoing, which may take several 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 officials who 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
During the reporting period, NGOs working with the MOI reported
assisting 59 trafficking victims, a significant increase from
the 37 assisted in 2008. 27 of these victims participated in the
National Program, compared with 17 in 2008. NGOs assisted the 32
victims who declined to participate in the Program through other
funding.
According to the NGOs, of the 27 participants in the National
Program, 19 were victims of trafficking for sexual exploitation,
seven of forced labor, and one of forced begging.
According to Slovak law, police are required to offer potential
TIP victims the assistance of NGOs working under the National
Program.
NGOS reported that the main reason that victims declined to
participate in the National Program was that they had criminal
records and were uncomfortable with contact with the
authorities. Additionally, some victims were drug addicts and
BRATISLAVA 00000071 008.3 OF 010
were unwilling to abide by the rules of the program, which ban
drug use.
¶H. IDENTIFYING AND REFERRING VICTIMS
Slovak law requires authorities to provide information about
organizations offering support services to potential TIP
victims. Under the National Program, the GOS has trained border
police and social workers who interview illegal migrants and
asylum-seekers to screen for foreign victims. Officials also
have access to a manual developed by IOM on victim
identification. These officials have materials available in
seven languages to provide potential victims information about
the services available.
The National Program has also funded training of social workers
and religious workers who work in vulnerable Roma communities on
victim identification.
Prostitution exists in a legal gray area in Slovakia: it is
neither legal nor illegal. (Pimping is illegal.) Therefore, the
sex trade is not regulated and there are not regular mechanisms
for authorities to screen sex workers for trafficking victims.
However, the GOS-funded NGO Prima does work with sex workers and
assists with victim identification.
¶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. Twelve victims participated in such
cases during the year, according to the police. Six cases
involved forced labor, five sexual exploitation, and one forced
begging. 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.
Foreign victims cooperating with the police in cases may stay in
Slovakia under renewable 40-day tolerated stay status, and may
work.
¶K. TRAINING FOR GOVERNMENT OFFICIALS
As described in Section 3F, the MOI, in cooperation with IOM and
other NGOs, provided training to 319 law enforcement officers,
government officials, and community workers. The training
included victim identification. 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 MOI educated local governments, central
government branches and law enforcement agencies on trafficking
and victim assistance.
Slovak embassies helped six Slovak victims return home during
¶2009. Slovak missions abroad provide travel documents,
assistance with money transfers, contacting relatives, arranging
services, and travel home. The Ministry of Foreign Affairs helps
refer repatriated victims to NGOs for assistance.
¶L. GOVERNMENT ASSISTANCE
The MOI-funded National Program package of services described in
sections 4.A-C is available to repatriated Slovak citizens as
well as foreign victims identified in Slovakia.
¶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: Dafne, Dotyk, Prima,
Storm, Slovak Caritas, the Cultural Association of Roma in
Slovakia, the Association of Community Centers in Kosice, Naruc,
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 2009, NGOs received approximately USD 275,000 from the GOS
for anti-TIP programs, including USD 241,000 for victim care,
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and remaining funds for training and prevention.
¶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.
Since 2008, the GOS has 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. In 2009, the phone line received 840 phone
calls. Since the phone line started in June 2008, it has
identified eight trafficking victims.
The GOS also funded a number of other TIP information campaigns,
including: billboards and leaflets in nine languages for
potential foreign victims; leaflets for potential Slovak
victims; internet ads on Slovak-language websites; television
ads for the TIP hotline; a mobile TIP information center for
youth that traveled around the country and distributed leaflets
and showed a film about TIP; 5300 posters posted at bus
stations, police stations, migrants and asylum-seekers camps,
and Slovak embassies abroad; and 600 copies of the National
Program distributed to Slovak embassies and government officials.
¶B. MONITORING OF MIGRATION PATTERNS
According to the MOJ, in 2009, the GOS investigated 55 cases of
human smuggling. Thirty-three people were charged, and 25 were
convicted of smuggling.
Slovakia has a well-controlled border with Ukraine, which is its
only non-Schengen border. 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. NGOs and law
enforcement have reported that since Slovakia's border with
Ukraine is so secure, illegal migrants (and presumably
traffickers) enter the Schengen zone through Poland, and then
may cross undetected from Poland into Slovakia before heading
further west.
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. UNHCR reported that better implementation in
recent years of Slovakia's Readmission Treaty with Ukraine has
reduced the number of migrants in Slovakia. An agreement among
the GOS, NGOs and UNHCR allows NGOs to monitor the border
situation to ensure that asylum seekers are not sent back to
their country of origin. The Ministry of Labor funds a facility
for unaccompanied minor asylum seekers.
As described in section 3F, in 2009 IOM trained border police
and social workers dealing with illegal migrants and
asylum-seekers in TIP victim identification.
¶C. INTER-GOVERNMENTAL COORDINATION
The National Coordinator at the MOI is the focal 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 in
December 2009, and again 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, valid for
2008-2010, 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.
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The agency responsible for its development is the MOI, in
cooperation with other ministries. The MOI invites NGOs to
participate in its Expert Group meetings, to contribute their
perspective on the implementation of the National Program and
Action Plan, as well as logical next steps in coming years. We
have observed that cooperation between the MOI and NGOS is very
good, and that NGOs have reported satisfaction with the MOI's
level of attention to and funding for trafficking.
¶E. REDUCING DEMAND FOR COMMERCIAL 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 provides anti-TIP training for government
personnel stationed abroad. This training focuses 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.
¶6. PARTNERSHIPS
¶A. PARTNERSHIPS
The GOS regularly engages with other governments through
international conferences and training. In January 2010, MOI
officials represented the GOS at a conference on TIP in Central
and Eastern Europe organized by DHS-ICE and the Austrian police
and held in Traiskirchen, Austria. The conference shared best
practices in combating TIP.
The GOS's focal point for TIP in the MOI has a close
relationship with the six NGOs through which it provides victim
assistance and prevention activities. For its 2010 programs, it
has expanded to seven NGOs and increased its budget by ten
percent.
Slovakia participates in all EU and Council of Europe structures
and working groups that seek to monitor and control trafficking
in persons.
¶B. INTERNATIONAL ASSISTANCE
As described in section 3G, Slovak police regularly work with
their counterparts in other countries on international
investigations. Additionally, the MOI has a program in place to
assist foreign victims with voluntary return to their home
countries, should they wish it.
EDDINS