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Viewing cable 10SARAJEVO198, BOSNIA - SUBMISSION FOR THE 2010 TIP REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
10SARAJEVO198 | 2010-02-26 15:41 | 2011-08-30 01:44 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Sarajevo |
VZCZCXYZ0000
PP RUEHWEB
DE RUEHVJ #0198/01 0571541
ZNR UUUUU ZZH
P 261541Z FEB 10
FM AMEMBASSY SARAJEVO
TO RUEHC/SECSTATE WASHDC PRIORITY 1475
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAUSA/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SARAJEVO 000198
SIPDIS
SENSITIVE
G/TIP FOR DONNELLY; G FOR PENA; EUR/SCE FOR FOOKS, JUKIC,
BRYANT; EUR/PGI FOR BUCKNEBERG
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KMCA, BK
SUBJECT: BOSNIA - SUBMISSION FOR THE 2010 TIP REPORT
REF: STATE 2094
¶1. (U) Summary: This cable constitutes Post's submission for
the 2010 TIP report for Bosnia and Herzegovina (BiH). Post's
point of contact for trafficking issues is Poloff Patrick
Hanish, tel: 387-33-445-700 x2312, fax: 387-33-659-722,
e-mail: HanishPN@state.gov. Time spent preparing the report:
Polcouns (FS-01): 3 hours; Poloff (FS-02): 40 hours; Pol FSN
(FSN-08) 30 hours. End Summary.
¶2. (SBU) Paragraph 25:
THE COUNTRY'S TIP SITUATION:
----------------------------
-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?
The State Coordinator oversees the government's TIP database,
which compiles information from NGOs, the State Investigative
and Protection Agency (SIPA), the State Border Police (SBP),
local, entity- and state-level police agencies, and
prosecutors' offices. Individual NGOs, including NGOs which
operate shelters, are also useful sources of information on
trafficking and related societal dynamics. Generally, post
assesses official sources to be reliable on providing
information on arrests, prosecutions, convictions, and
assistance to victims. NGOs are often reliable in
information on victim history and status, as well as
continuing problemq of TIP-related advocacy work. OSCE has
undertaken, in cooperation with an NGO, a study of victim
patterns, and the State Coordinator's office (within the
Ministry of Security) and Ministry of Human Rights and
Refugees have undertaken investigations into
trafficking/child pornography issues and child begging
issues. Specific initiatives on both these issues, as well
as addressing of root causes within the Roma community
related to child begging, continued during the reporting
period, and will be discussed below.
For discussion of the National Action Plan, see item 27.A.
below.
-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens
or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes?
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)?
The country was primarily a country of origin for women and
girls trafficked domestically for sexual exploitation, and,
to a much lesser extent, a destination and transit point for
foreign trafficking. To date, there have been no registered
cases of males trafficked for sexual exploitation, although
there are reports that Romani children, including boys, have
been trafficked for forced labor to serve in begging rings.
During the reporting period, one case of males being
recruited for labor and subjected to coercive conditions in
another country was reported.
Of the trafficking victims documented during the reporting
period, eight out of 46 total victims (or 17 percent) were
minors, a decrease from past years where typically half of
all victims were underage. Authorities observed a continuing
trend of victims primarily being trafficked domestically
during the year, far surpassing the number of foreign
victims. During the reporting period, the Office of the
State Anti-trafficking Coordinator registered 46 total
trafficking victims, all of whom were female. An additional
nine potential victims from Bosnia were reported to SIPA in
connection to the "SerbAz" case (discussed below), but this
report had not yet been received or confirmed by the State
Coordinator's Office at the time of reporting (though the
State Coordinator is aware of the case). Of the 46 total
reported victims, 42 were domestic trafficking victims,
consistent with a trend over the last several years of
domestic victims being the vast majority of cases. The
remaining four victims were foreigners.
Roma community representatives report instances of domestic
trafficking for forcible marriage. Roma community
representatives also report instances of attempted
recruitment of Roma girls by non-Roma individuals, believed
linked to organized crime (ostensibly to be "au pairs" in
Western Europe).
Although there are no reliable estimates, women may have been
trafficked on to Western Europe. All four foreign victims
identified in Bosnia were citizens of Serbia.
The main source on the number of trafficking victims assisted
during the reporting period was the Ministry of Security's
Office of the State Coordinator. The State Coordinator
oversees the government's TIP database which compiles
information from NGOs, the State Border Police (SBP), local,
entity and state-level police agencies and prosecutors
offices. Post consulted with OSCE, and domestic
anti-trafficking NGOs listed below, in confirming that the
State Coordinator's Office provided figures that reflected
the scope of the problem as understood by other concerned
organizations.
-- C. To what kind of conditions are the trafficking victims
subjected?
According to non-governmental organizations that work on
combating trafficking in persons, the few foreign victims
found in Bosnia were lured by false job offers, offers of
pre-arranged marriage, or promises of transit to Western
Europe for the same. Some NGOs reported that trafficking
victims were lured into the country by promises of marriage
to traffickers or their associates. Most trafficked women
entered the country through Serbia or Montenegro.
Historically, many foreign victims have arrived in BiH via
legal border crossings with Serbia or Montenegro and carry
real or false identity cards or passports. Passports are not
required for BiH citizens to enter Serbia, Montenegro or
Croatia (and vice versa for citizens of those countries).
In response to successful police actions against such
establishments, the criminal modality linked to sexual
exploitation within BiH has shifted from "night bars" and
restaurants, cafes and gas stations to private apartments and
houses. Traffickers are increasingly sending women on calls
or bringing would-be clients to safe-houses. The use of
intermediaries, including taxi drivers, bar operators, cafe
patrons or others to tip-off or bring clients to a location
where victims are held was a frequently-used tactic.
-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of human trafficking (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)? If so, please specify the type of exploitation for
which these groups are most at risk (e.g., girls are more at
risk of domestic servitude than boys).
Trafficking largely occurs within the country's borders,
especially with domestic victims. The most common domestic
age group recruited for sexual exploitation is women between
18 and 25 years old, although there were also a number of
underage victims. Domestic victims often include: Roma
women and teenage girls; persons with mild developmental
disabilities; orphans; persons from war-torn or single-parent
households. For domestic victims, poverty was frequently a
contributing factor.
-- E. 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 gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport 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?
Traffickers in BiH are generally part of small, local
criminal organizations, often operating on a local or
regional level in-country. Those few that engage in
cross-border trafficking are understood to be loosely
affiliated with similar organizations in other countries,
especially in neighboring Croatia, Serbia and Montenegro.
Large international organized crime syndicates are not known
to be involved in trafficking in BiH. There were no specific
reports of employment, travel or tourism agencies having
involvement in trafficking. There were rumors, however, that
minor girls, especially within the Romani community, were
unwillingly trafficked by family members or others into
arranged marriages.
Recruitment methods vary, but include job offers in Western
Europe, false marriages to traffickers' associates to obtain
residency permits and jobs, and girls being sold by their
parents. Traffickers also attract customers via classified
ads in publications. There were also reports of forcibly
"recruiting" females, especially minors, into trafficking
through the threat of physical violence to the victim or the
victim's family. Because of high unemployment rates, there
were anecdotal reports of employers targeting women working
in unregistered jobs, forcing them to perform sexual acts at
the risk of losing their jobs.
Victims are usually kept in private apartments, motels, gas
stations, or driven to a location where they are forced to
provide sexual services to pre-arranged clients. There have
been reports of victims working in conditions akin to
slavery, with little or no financial support. In some cases,
traffickers paid victims some wages so that they could send
money home to their families. Traffickers coerced victims to
remain in these situations through intimidation, verbal
threats, seizure of passports, withholding of food and
medical care, and physical and sexual assault.
¶3. (SBU) Paragraph 26:
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS
--------------------------------------------- ----------
-- A. Does the government acknowledge that trafficking is a
problem in the country? If not, why not?
The government acknowledges that TIP is a problem and makes
significant efforts to combat TIP in BiH. The government
continued efforts during the reporting period to remedy
identified problems, particularly those raised in our TIP
action plan recommendations.
-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor -
and, which agency, if any, has the lead in these efforts?
The Office of the State Coordinator for Anti-trafficking
within the Ministry of Security (MOS) has the lead role in
the Bosnian government's anti-TIP efforts. The State
Coordinator's mandate includes coordination of victim
protection efforts among NGOs, law enforcement and government
institutions. The BiH State Prosecutors Office has exclusive
jurisdiction over trafficking cases under state-level law,
and can decide which cases to prosecute at the state-level
and which to send to the entity-level. A nationwide
interagency investigative task force to combat trafficking,
the Anti-trafficking Strike Force, was chaired by the chief
state prosecutor and included prosecutors, police, and
financial investigators who targeted trafficking and illegal
migration. The following government agencies are also
involved in the Inter-Ministerial Working Group to Combat
Trafficking: at the state-level, the Ministry of Human Rights
and Refugees, the State Border Police (SBP), the Ministry of
Justice, the Ministry for Foreign Affairs, and the Ministry
of Security. At the entity-level, the Ministries of Interior
(MUPs), Ministries of Health, Ministries of Labor and Social
Welfare and Ministries of Education contributed to
anti-trafficking efforts. Prosecutors at the state, entity
and local levels are also involved.
-- C. 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?
The government's ability to address TIP is limited in
practice due to limited financial resources and the
complexity of Bosnia's political structure. In 2009, the
State Coordinator's office dispersed a total of 360,000 KM
(about $257,000) to combat trafficking in persons. Of this
amount, the Ministry of Security provided 100,000 KM
($71,400) for assistance to foreign victims of trafficking
(including repatriation assistance) in 2009, and again
budgeted 100,000 KM ($71,400) for 2010. The International
Organization for Migration (IOM) and the Government of Norway
jointly provided 130,000 euros (about $186,000) to support
trafficking victims, through the Ministry of Security, in
¶2009. The amount of assistance to domestic victims of
trafficking, distributed by the Ministry of Human Rights and
Refugees, was 45,000 KM ($32,000) for 2009, and is budgeted
for 65,000 KM ($45,700) for 2010.
Corruption in BiH, as related to funding for TIP, has not
been assessed to be a problem. In 2008, the budget of the
State Coordinator's Office was incorporated into the Ministry
of Security budget as a separate line item. Funds are
transparently allotted as a line item of the Ministries of
Security and Human Rights and Refugees. NGOs who are
eligible recipients of funding meet regularly with ministry
staff, apply for funding based on number of victims assisted,
and independently confirm to us receipt of funds.
The greatest limitation placed on the government of BiH's
fight against trafficking is the continuing stalemate among
political leaders, ethnic divides, and cumbersome
administrative structure imposed by the Dayton constitution.
The opportunity for legislative stonewalling and tit-for-tat
political games impedes work in trafficking, along with
virtually all other areas of government activity. Lack of
cooperation among geographically- and ethnically-divided law
enforcement and prosecutorial agencies often severely
complicates national-level solutions to trafficking problems.
-- D. 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?
The government monitors anti-trafficking efforts in a number
of ways. The Anti-trafficking Strike Force, which meets two
times per month and includes police and prosecutors from all
agencies and entities, as well as representatives of USDOJ's
Overseas Prosecutorial Development and Assistance Training
(OPDAT) program, monitors the progress of TIP investigations
and prosecutions and reports to the State Coordinator. There
is also a working group with NGO and international community
representatives, chaired by the State Coordinator, which
assesses prevention and protection issues. There are also a
number of thematic working groups on specific areas of
concern, including trafficking of children. The State
Coordinator also publishes (in print and electronic versions)
its Annual Report on trafficking, which includes data
gathered from prosecutors, NGOs and police agencies
throughout BiH.
-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?
During the reporting period, the Ministry of Security
undertook a project in cooperation with UNHCR to promote
registration of Bosnia's Roma population in civil registries.
Such registration makes accessing social benefits
considerably easier. During the reporting period, the
Ministry of Security estimated 7,000 out of 8,000
unregistered Roma were registered.
Other projects which encourage Roma integration and
empowerment were undertaken as a result of Bosnia's accession
to the EU-sponsored "Decade of Roma Inclusion." The
state-level Ministry of Human Rights and Refugees, in
cooperation with local Roma NGOs, spent 3,000,000 KM (about
$2,143,000) on programs focused on Roma housing, education,
employment, and health care, and social inclusion, which are
prime "root cause" areas of concern to anti-TIP effort.
--F. To what extent is the government capable of gathering
the data required for an in-depth assessment of law
enforcement efforts? Where are the gaps? Are there any ways
to work around these gaps?
The Anti-Trafficking Strike Force coordinates collection of
TIP-related data from law enforcement agencies, and the State
Coordinator's Office is charged with maintaining and
verifying this data. While this data has been found to be
reliable, the lack of a census being held in Bosnia since
1991 impairs efforts to better analyze trafficking and many
other social problems in an effective way. The political
impasse on the carrying out of such a census was the result
of basic disagreements about identity and the way in which
refugee/returnee issues should be handled in Bosnia. In the
absence of such a census, population estimates based on
voting registration and results, identity card issuance, as
well as unofficial estimates, are relied upon.
¶4. (SBU) Paragraph 27:
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.
-- A. 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?
Article 186 of the BiH Criminal Code prohibits trafficking
for sexual exploitation, forced labor and organ
transplantation. Article 186 covers the "recruitment,
transfer, harboring or receipt" of trafficked persons, making
it applicable to both transnational and internal trafficking.
Article 187 of the BiH Criminal Code prohibits international
procurement for prostitution, and provides prosecutors with
another option in pursuing international traffickers.
Articles 186 and 187 of the Criminal Code are harmonized with
the Palermo Protocol. If the evidence is not sufficient to
support prosecution under Articles 186 and 187, traffickers
may also be prosecuted at the state level for slavery
(Article 185, which also prohibits selling children for
adoption), unlawful withholding of identity papers (Article
188) and alien smuggling (Article 189). The Federation, RS,
and Brcko District Criminal Codes also prohibit trafficking
and related crimes. Pimping is a major crime (equivalent to
a felony) under both state-and entity level criminal codes,
and carries a penalty ranging from 1-5 years if the victim is
an adult, and 3-15 years if the victim is a minor. A number
of traffickers have been prosecuted for pimping and pandering
where the evidence was not sufficient to support an
indictment for trafficking. Taken together, these laws
adequately cover the full scope of trafficking in persons.
During the reporting period, amendments to the criminal code
of BiH resulted in significant strengthening or Article 186,
setting a minimum three year sentence for trafficking,
providing for harsher punishment for officials involved in
trafficking (five years minimum sentence), providing
specifically for punishment for those who make use of the
services of victims of human trafficking, and clarifying
previously-confusing language related to the word "child"
(now simply referring to any victim under the age of 18).
In addition to criminal penalties, some NGOs are assisting
victims in filing civil compensation claims for medical
bills, pain and suffering, lost wages, etc. BiH's criminal
asset forfeiture law requires proof that all items being
seized were acquired with the proceeds of illegal activity.
Through the U.S. Marshals, OPDAT is providing training to BiH
prosecutors on asset forfeiture, which will hopefully lead to
increased seizures in coming years. Previously, asset
forfeiture had rarely been carried out. During the reporting
period, there was one landmark case of seizure of assets
connected to a trafficking case, that of Tasim Kucevic (see
para 27. B. below).
Misunderstandings are common because of the existence of four
different penal codes, with the state, Federation, RS and
Brcko District maintaining distinct criminal statutes.
In 2007, the Council of Europe Convention on Action Against
Trafficking in Persons entered into force, the first European
agreement in this area. This Convention, to which BiH is a
signatory, focuses on protection of trafficking victims and
their rights. At the proposal of the State Coordinator's
Office, the Council of Ministers adopted in July, 2007 the
Rules on Protection of Victims and Witnesses of Human
Trafficking who are Citizens of Bosnia and Herzegovina. The
Rules were adopted as a binding standard of protection of
human rights for BiH victims and victim witnesses of human
trafficking and establish principles and common operational
standards relating to identification procedures, protection
and assistance, primary and secondary prevention and other
activities benefiting the protection and assistance of
victims and witnesses of TIP from Bosnia and Herzegovina. A
new Action Plan to Combat Trafficking was adopted in early
2008 by the BiH Council of Ministers (see para 29. D. below).
-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking of persons
for commercial sexual exploitation, including for forced
prostitution of adults and the prostitution of children?
The maximum penalty for any trafficking offense under Article
186 of BiH State law is ten years' imprisonment; amendments
to the criminal code adopted during the reporting period
increased the minimum sentence for trafficking to three
years' imprisonment. Defendants may be sentenced to a total
of 20 years if certain aggravating circumstances are present.
If the trafficker was involved in the sexual exploitation of
a minor, the penalty carries a minimum of five years'
imprisonment. During the reporting period, the BiH
prosecutor's office had 23 reports related to Article 186 (of
which 15 reports were from 2008). Seven investigations were
launched in 2009, and seven were continued from 2008, for a
total of 14 investigations. No new indictments resulted from
these investigations. Three total verdicts were rendered in
2009 (of which one case resulted in acquittal). The two
guilty verdicts include:
One case of a ring of traffickers led by Tasim Kucevic led to
a finally-confirmed sentence in 2009. Ten persons were
convicted of trafficking under Article 186, and received a
variety of sentences: Kucevic received 12 years'
imprisonment and a fine of 20,000 KM ($14,286). Meliha
Pjevic received a sentence of six years' imprisonment and a
fine of 10,000 KM ($7,143). The property gained through
their criminal acts in the amount of 286,440 KM ($204,600)
was forfeited. Enver Spahic was sentenced to four years'
imprisonment. Zoran Trbara was sentenced to three years, six
months' imprisonment. Admir Fazlic was sentenced to three
years' imprisonment. Mirza Dulovic was sentenced to four
months' imprisonment. Nedzad Dulovic was sentenced to six
months' imprisonment. Almir Sabic was sentenced to three
months' imprisonment. Mirsad Mujkic and Edzevit Gusinac were
both sentenced to five months' imprisonment. The scope and
strength of this verdict represent a new chapter in the
veracity of trafficking-related sentencing in the country.
One other case involved Janjic Jelenko, an art teacher in
Visegrad Secondary School, who was sentenced by the State
Court to five years, imprisonment under Article 186, for
sexual exploitation of a minor.
Federation Courts apply Article 210 of the Federation
Criminal Code law ("enticement to prostitution") in the
prosecution of trafficking cases. During the reporting
period, the cantonal prosecutors' offices within the
Federation received 11 reports related to Article 210. There
were an additional seven reports which were held over from
2008 (for a total of 18 active cases). In the reporting
period, prosecutors investigated nine new cases, and
continued an additional 12 investigations already open from
the previous year. As a result of investigations, seven
cases resulted in indictment. Verdicts were rendered for 14
individuals. Of those, two persons received suspended
sentences (both of which were through plea bargains). Nine
persons were sentenced to prison (four persons received one
to two years in prison, five persons received two to three
years in prison). One verdict was issued rejecting the
charges, and two persons were acquitted. In one case,
proceedings were suspended.
In Republika Srpska, trafficking in human beings for
prostitution is a crime under Article 198 of the RS criminal
code. During 2009, the Prosecutor's Office of Republika
Srpska received three criminal reports under Article 198, and
an additional report was held over from the previous year.
Of these, three cases were investigated, and an additional
five cases were continuing investigation from the previous
year, for a total of eight investigations which were ongoing
in 2009. All eight investigations had verdicts rendered
during 2009: one person was sentenced to less than a year in
prison (as the result of plea bargaining); five persons
received prison sentences (of which, one person received 1-2
years on the basis of a plea bargain, and four persons
received one year sentences); and 2 persons were acquitted.
No suspended sentences were given during 2009.
In the Brcko District, Article 207 of the Brcko District
Criminal Code makes illegal "enticement to prostitution,"
similar to the law in the Federation. During 2009, Brcko
prosecutors received one report, for which there was an
investigation opened. The subject of the investigation is in
administrative detention at the time of reporting, and the
investigation remains ongoing.
-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of sub:cting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?
Bosnian law does not differentiate between trafficking for
sexual purposes and trafficking for labor. Bosnia has not
historically been a source or a destination country for
forced or bonded labor.
However, there was one known case of trafficking for labor
exploitation which took place during the reporting period.
Allegations of abusive, including coercive, labor conditions
in a construction company in Azerbaijan involved laborers and
managers recruited largely from the Gradiska area of
Republika Srpska in Bosnia, resulted in hundreds of
interviews by SIPA, and a number of cases forwarded to the
State Prosecutor's Office prior to year's end. The crimes
alleged to have occurred within Bosnian jurisdiction relate
to recruitment for trafficking, and, as stated above, include
the potential of jail time, and are not differentiated from
other forms of trafficking. The case was under investigation
at the time of reporting.
-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a
foreign government's compliance with TVPA Minimum Standard 2,
which reads: "For the knowing commission of any act of sex
trafficking . . . the government of the country should
prescribe punishment commensurate with that for grave crimes,
such as forcible sexual assault (rape)." END NOTE.)
The maximum penalty for rape is 20 years, with aggravating
circumstance. Rape penalties parallel the penalties for
trafficking offenses in that to receive the maximum sentence,
aggravating circumstances must be present.
-- E. Law Enforcement Statistics: Did the government take
legal action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted traffickers
who received suspended sentences and the number who received
only a fine as punishment. Please indicate which laws were
used to investigate, prosecute, convict, and sentence
traffickers. Also, if possible, please disaggregate numbers
of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?
For information on imposed sentences and types of trafficking
cases, please see items 27. A. and B. above.
The BiH State Prosecutor's office has exclusive jurisdiction
over trafficking cases and can decide which cases to
prosecute at the state level and which to send to the entity
courts. The nationwide interagency investigative task force
to combat trafficking, the Anti-trafficking Strike Force, was
chaired by the chief state prosecutor and included
prosecutors, police, and financial investigators and targeted
trafficking and illegal migration. BiH government plans call
for SIPA (an institution formed in 2006) to take over the
responsibilities of the Anti-trafficking Strike Force as its
capacity to coordinate anti-trafficking work expands.
The government provided the following case statistics through
its TIP database, maintained by SIPA. This database contains
information contributed by all police agencies, NGOs and
prosecutors. TIP data is also harmonized and reported in the
State Coordinator's annual report. The State Coordinator
reported 46 registered TIP victims during 2009, although he
noted that there are likely to be additional victims who do
not come to the attention of the authorities.
See para 27. B. above for a breakdown of investigations,
prosecutions, and convictions in each of the four relevant
jurisdictions within Bosnia.
-- F. Does the government provide any specialized training
for law enforcement and immigration officials on identifying
and treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.
The government provides specialized training for government
officials on recognition, investigation and prosecution of
trafficking. During the reporting period, the State
Coordinator's Office partnered with Caritas of Bosnia and
Herzegovina and Catholic Relief Services (CRS) in a campaign
to increase public awareness of trafficking in persons,
specifically targeting young people seeking employment
outside BiH. Materials for the public awareness campaign
were distributed to all diplomatic-consular missions and to
all missions of international organizations in BiH (through
the Ministry of Foreign Affairs of BiH), State Border Police
offices, universities, shopping centers and primary and
secondary schools.
In 2007, The State Coordinator's Office partnered with Save
the Children Norway and NGO Citizens Association Medica in a
regional program to target at-risk children and improve the
rights of child victims of trafficking. In cooperation with
Save the Children Norway, the government developed a manual
for police, prosecutors, social centers and health care
institutions on preventing children from becoming victims of
TIP. The State Coordinator's Office also drafted
standardized operating procedures for dealing with child
victims in the "Standardized Practices of Different
Professionals in Protection and Treatment of Children Victims
of Trafficking and Victim Witnesses of Human Trafficking in
BiH."
Bosnian judicial centers provide basic training for all
judges and prosecutors. During the course of their education,
judges, prosecutors, and legal associates are taught the
elements of trafficking and what should be proven. Law
enforcement academies, in particular the BiH border police,
educate cadets on how to recognize trafficking as a
cross-border crime.
-- G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.
BiH has active cooperation with other governments, especially
the neighboring countries of Croatia, Serbia and Montenegro.
BiH has signed bilateral agreements on cooperation in
organized crimes cases (including trafficking in persons)
with the State Prosecutor's Offices of Croatia, Serbia,
Montenegro and Macedonia. BiH has no binding bilateral
agreements regarding witness protection, which makes it more
difficult to participate effectively in international
investigations. However, in 2007 in partnership with the
International Center for Migration Politics (ICMPD), the
second phase of a Project to support the transnational
referral mechanism for trafficking victims (TRMP) in
southeastern Europe was launched. Bosnia and Herzegovina
became an ICMPD member in 2006. The number of ongoing
cooperative international investigations was not available
during the reporting period, although there were four cases
of TIP victims in Bosnia returned to their countries of
origin using the ICMPD mechanism during 2009.
Since its establishment, the State Prosecutor's Office of
Bosnia and Herzegovina has continued to cooperate with
prosecutors from other countries in the region fighting
various types of crime, including trafficking in human beings.
The contribution of the Prosecutor's Office of Bosnia and
Herzegovina to the development of cooperation at the
international and regional level is specially reflected in
the framework of the international Southeast European
Prosecutors Advisory Group (SEEPAG), regional South East
European Cooperative Initiative within the project of
regional cooperation pursuant to the Memorandum on
Cooperation of Prosecutors of Western Balkans within the
CARDS program as well as European program on cooperation of
Prosecutors (CPGE) and the network for cooperation of
judiciary of European Union EUROJUST. The BiH State
Prosecutor's Office has signed a memorandum of understanding
with all prosecutors, offices in the region (Albania,
Macedonia, Serbia, Croatia, and Montenegro) to cooperate
closely in investigating and prosecuting perpetrators of
organized crime, criminal groups and criminal associations.
-- H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting
period, and the number of trafficking extraditions pending.
In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.
Extradition of non-citizens is permitted, but there were no
extraditions of traffickers during the reporting period, nor
were any extraditions requested. The BiH Criminal Procedure
Code prohibits the extradition of Bosnian citizens. However,
the State Prosecutor can bring cases against Bosnian citizens
for crimes committed outside Bosnian territory. There are
currently no efforts underway to modify laws to permit the
extradition of Bosnian nationals. However, at the end of the
reporting period, Bosnian and Croatian Ministries of Justice
~signed an agreement whereby dual nationals convicted of
crimes in one state who flee to the other country can have
cases transferred so that they serve their sentences in the
country where they are physically present. No cases had yet
been transferred to or from Bosnia using this new mechanism
at the time of reporting.
-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.
There were no new cases of official involvement in
trafficking during the reporting period.
Both entities' police forces have Police Standards Units
(PSUs), which are charged with investigating and disciplining
officers for criminal offenses or dereliction of duty. There
were no prosecutions or convictions of government officials
for involvement in trafficking during the reporting period.
There continued to be anecdotal reports of police and other
official involvement in trafficking, particularly at the
local level. Victims' groups alleged that, because of strong
local networks, local police often willfully ignored or
actively protected consumers or perpetrators of trafficking
activity, often accepting bribes in return.
-- J. If government officials are involved in trafficking,
what steps has the government taken to end such complicity?
Please indicate the number of government officials
investigated and prosecuted for involvement in trafficking or
trafficking-related criminal activities during the reporting
period. Have any been convicted? What sentence(s) was
imposed? Please specify if officials received suspended
sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
To date there have been only a few documented cases of
official involvement in trafficking, and no official
indictments have been made.
-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeepng or other similar mission who engaged in or
faclitated severe forms of trafficking or who exploitd
victims of such trafficking.
Bosnia has les than a hundred troops employed abroad as part
o a peacekeeping mission and there have been no reports of
any member engaging in or facilitating trafficking in
persons. However, during the reporting period, the State
Ministry of Defense, in cooperation with the OSCE, maintained
a training program for peacekeepers and their commanders,
familiarizing them with ways to identify trafficking,
responsibility to report trafficking, and relevant laws
prohibiting trafficking.
-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?
BiH does not have an identified child sex tourism problem,
either as a source or destination country. The country's
child sex abuse laws do not have extraterritorial provisions
similar to the U.S. PROTECT ACT.
¶5. (SBU) Paragraph 28:
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?
A person identified as a TIP victim through the government's
screening and referral process is eligible for a humanitarian
visa for a legal, temporary stay in BiH. Prior to requesting
such a visa, victims are permitted a 30-day "reflection
period." During the reporting period, six TIP victims
requested residence permits on humanitarian grounds. All six
requests were approved.
-- B. Does the country have victim care facilities (shelters
or drop-in centers) which are accessible to trafficking
victims? Do foreign victims have the same access to care as
domestic trafficking victims? Where are child victims placed
(e.g., in shelters, foster care, or juvenile justice
detention centers)? Does the country have specialized care
for adults in addition to children? Does the country have
specialized care for male victims as well as female? Does
the country have specialized facilities dedicated to helping
victims of trafficking? Are these facilities operated by the
government or by NGOs? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during he reporting
period.
The State Coordinator's ffice oversees shelter management
and ensures tht NGOs meet agreed-upon standards in providing
victim assistance. The Ministry of Security, througha
memorandum of understanding, delegates victim ssistance to
six local NGOs that provide shelter, medical and
psychological assistance to both domestic and foreign TIP
victims throughout the country. The six NGOs (La Strada,
Medica Zenica, Forum of Solidarity, Lara, Zena s Une, and
Zena BiH) run six shelters located in Mostar, Sarajevo, Banja
Luka, Doboj, and Bijeljina. The local NGO "Vasa Prava" has a
memorandum of understanding with the Ministry of Security and
provides pro bono legal assistance to trafficking victims
housed in NGO shelters immediately upon their placement in
the shelter. Health care is provided either at the shelters
by visiting medical professionals or at local clinics and
hospitals. The State Ministry of Human Rights and Refugees
has committed funds for re-integration and rehabilitation of
victims, which NGOs may also apply for in relation to the
total number of victims they assist.
-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided was in-kind, please
specify exact assistance. Please specify if funding for
assistance comes from a federal budget or from regional or
local governments.
The state-level government provides assistance to the six
NGOs who run shelters to help subsidize the cost of shelter
operations. During the reporting period, the government
disbursed approximately 100,000 KM ($71,429) for the State
Coordinator's Office to support shelters providing victim
assistance.
Additionally, the government allocated approximately 45,000
KM ($32,143) to the Ministry of Human Rights and Refugees to
support a reintegration and health care fund for domestic
victims of trafficking.
The government of BiH, through the State Anti-Trafficking
Coordinator's Office, funded operation of a TIP hotline by
the NGO La Strada. The hotline, reachable through BiH via a
"short dial" four-digit number, allows easy access by TIP
victims to immediate assistance.
See also response to item 28.B.
-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.
A person identified as a TIP victim through the government's
screening and referral process is eligible for a humanitarian
visa for a legal, temporary stay in BiH. During the
reporting period, nine TIP victims requested residence
permits on humanitarian grounds. Eight of these requests were
approved and one was still under consideration at the end of
the reporting period.
-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?
Yes, there are six shelters located throughout BiH, operated
by six NGOs, which receive funding from the Ministry of
Security and the Ministry of Human Rights and Refugees on a
per-victim basis. There is no established limit to the time
a victim may spend in a shelter. Post is aware of one victim
remaining in a NGO-run shelter for more than five years. See
item 28.G.
-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?
Yes, and this referral mechanism is used in practice. See
item 28.G.
-- G. What is the total number of trafficking victims
identified during the reporting period? (If available,
please specify the type of exploitation of these victims -
e.g. "The government identified X number of trafficking
victims during the reporting period, Y or which were victims
of trafficking for sexual exploitation and Z of which were
victims of nonconsensual labor exploitation.) Of these, how
many victims were referred to care facilities for assistance
by law enforcement authorities during the reporting period?
By social services officials? What is the number of victims
assisted by government-funded assistance programs and those
not funded by the government during the reporting period?
The State Anti-Trafficking Coordinator's Office reports a
total of 46 trafficking victims during the reporting period.
During the reporting period, 18 victims received assistance
in shelters. All victims receiving assistance in shelters
benefited from government funding. All foreign victims were
referred to shelters by the State Agency for Foreigners.
-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? For
countries with legalized prostitution, does the government
have a mechanism for screening for trafficking victims among
persons involved in the legal/regulated commercial sex trade?
The government and NGOs have developed and signed a formal
referral mechanism for screening, identifying and assisting
foreign victims. Police and State Border Police officers use
a screening questionnaire to assist them in evaluating
victims. Alien Inspectors employed by the Ministry of
Security have received formal training in victim
identification procedures. The referral mechanism for
domestic victims was approved by the Council of Ministers
during the reporting period and is in use.
-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?
The rights of victims are respected. If screening
established that a person was a trafficking victim, the
victim was taken to a shelter and authorities did not
prosecute that person for immigration or prostitution
violations, nor did authorities detain or jail victims. The
Law on Movement and Stay of Aliens provides for the granting
of a temporary humanitarian visa to TIP victims. The length
of stay for a humanitarian visa is six months.
If a person is arrested or detained and subsequently
identified as a trafficking victim, he or she receives
shelter and related services and is eligible for protection
from deportation and/or a humanitarian visa. The BiH
Criminal Procedure Code allows detention for up to six hours
for questioning. This limit is generally respected in
practice.
Police officials generally presume that detainees are TIP
victims if there is any evidence to support this conclusion,
and they are referred to shelters for additional evaluation.
Bosnia's immigration detention facility has a capacity of 120
beds. However, in most cases, foreign victims were
voluntarily repatriated. Persons determined by law
enforcement not to be trafficked victims can be subject to
deportation and/or (occasionally) prosecution for immigration
and other violations.
-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?
The government encourages victim-witnesses to testify against
their traffickers. The State Anti-trafficking Strike Force
reported that all cases which reached verdict during the
reporting period (regardless of conviction, dismissal, or
acquittal) were prosecuted with the voluntary cooperation of
victim-witnesses (see para 27. B. above).
Victims can file civil suits against their traffickers for
medical expenses, lost wages or pain and suffering and are
encouraged to do. Vasa Prava attorneys provide pro bono
legal aid and shelter staff assist victims in filing these
claims. Victims remaining in BiH on humanitarian visas or
those who have applied for asylum are not permitted to work.
Foreign victims can choose to be voluntarily repatriated at
any time. There is currently no victim restitution program,
although there is a victim's assistance fund supported by
judgments against those convicted of trafficking. Bosnia is
currently working to harmonize its immigration laws with EU
standards.
-- K. Does the government provide any 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? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period? Please
explain the type of assistance provided (travel documents,
referrals to assistance, payment for transportation home).
The government provides extensive training in the recognition
of TIP victims and in how to assist them. The government
continues to train prosecutors, judges, police officials, and
social workers on TIP issues. Specifically, the government
has worked extensively with the local Centers for Social Work
responsible for assisting domestic victims, particularly
minors. The government has also trained municipal court
judges, who make guardianship and custody decisions about
minor victims. During the reporting period, the government
continued to train its consular officials abroad to identify
potential TIP victims applying for Bosnian visas. Officials
at Bosnian embassies are encouraged to develop connections
with local TIP NGOs, including La Strada and Catholic Relief
Services (CRS), which are part of an international network.
The MFA requires personal interviews for all visa applicants.
Bosnian participants in international peacekeeping missions
also receive specialized TIP awareness training before
deployment. All members of incoming units to the EUFOR
mission in Bosnia are required to attend a four-hour seminar
on trafficking which stresses NATO's zero-tolerance policy
for any involvement in TIP or prostitution. There were no
reliable estimates on the number of trafficking victims
assisted by host country embassies or consulates, but this
number was believed to be low since the majority of native
Bosnian victims were trafficked within the country's borders.
-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?
At this time, there are no specific government programs to
assist its repatriated nationals, except those who are
minors. However, repatriated TIP victims who identify
themselves and seek assistance can receive the same services
from local NGOs that are provided to foreign victims. The
care and custody of minors is the responsibility of the
Centers for Social Work, who report to the entity Ministries
of Social Welfare. There is one program with the
International Centre for Migration Policy Development
(ICMPD), the Bosnian government and ten other nations on a
South Eastern Europe Project that includes a standardized
mechanism and operating procedures for repatriation across
borders.
-- M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?
The following international organizations work on a variety
of anti-trafficking efforts encompassing prevention,
protection and prosecution: International Organization for
Migration (IOM), Catholic Relief Services (CRS), CARE, Save
The Children Norway, the Organization for Security and
Cooperation in Europe (OSCE), USAID, ICMPD, UNHCR, Norwegian
People's Aid, the Government of Italy, La Strada Network, and
Emmaus International.
¶6. (SBU) Paragraph 29:
PREVENTION
----------
-- A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s), including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal. End
Note.)
The government continued anti-trafficking education campaigns
during the reporting period. The State Coordinator partnered
with CRS to work on anti-trafficking education issues, with
support from the U.S. Embassy. In 2007, the government
partnered with the International Organization for Migration
(IOM) to conduct a public campaign targeting both potential
consumers and victims, including children between 12 and 19
years old. The State Coordinator assisted in developing and
approving educational materials for schoolchildren throughout
BiH, in cooperation with USAID and the entity Ministries of
Education. The State Coordinator, in cooperation with
Caritas, also continued to work on public awareness campaigns
targeting youth and the Roma community on a regional basis.
-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?
Yes the government of BiH, through the State Border Police,
monitors immigration/emigration patterns for evidence of TIP.
Virtually all SBP officers at border crossings and airports
have received training on the detection and identification of
potential TIP victims and screen for potential victims along
the border. Additionally, border crossings serve as an area
for trafficking awareness programs, including posters at
ports of entry to BiH. The SBP shares their data on
immigration and emigration at the Strike Force meetings. The
State Coordinator's mandate also includes alien smuggling and
illegal immigration.
During 2009, 27 persons were identified as victims of alien
smuggling (a decrease of approximately 50 percent from last
year). SIPA reports all these persons were intended to be
smuggled to Western Europe. In 2009, Bosnian Border Police
report a total of 381 persons discovered while trying to
cross the country's border illegally. Of these, there were
169 citizens of Bosnia, 72 citizens of Serbia, 40 citizens of
Croatia, 49 citizens of Albania, 15 citizens of Kosovo, 15
citizens of Turkey, seven citizens of Macedonia, six citizens
of Montenegro, two citizens of the United States, two of
Russia, and one each of Algeria, Sweden, Ireland, and China.
The government, in addition to measures meant to strengthen
anti-trafficking programs, is also actively providing
training programs to specifically counter alien smuggling
which has implications for trafficking in persons issues.
-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?
The primary coordination and communication mechanisms are the
TIP Strike Force, the State Coordinator's thematic working
groups, and the larger TIP working group that includes NGO
and IO representatives. Generally, the State Coordinator's
office is the point of contact for all these mechanisms. The
State Coordinator meets regularly with NGOs to share
information and discuss anti-TIP activities. The government
does not have a public corruption task force. During the
reporting period, however, BiH adopted a National
Anti-Corruption Strategy. A portion of this strategy relates
directly to the fight against public corruption. SIPA also
has units that focus on trafficking, organized crime and
financial crimes, and the entity Police Standards Units
(PSUs) investigate and file charges in cases of corruption or
abuse of office by police personnel. SIPA's newly-formed
trafficking units have neared full staffing levels, and plan
to eventually take over the coordination and communication
work of the Strike Force, as envisioned by BiH government
plans.
-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?
In 2008, the government enacted a five-year National Action
Plan to cover 2008-2012 (the second such plan for BiH). The
new plan clearly establishes operational measures and
objectives in the areas of: systematic support, prevention,
victim (and victim witness) protection and assistance,
criminal prosecution and international cooperation. The plan
also delineates the responsibilities of various institutions,
including the government, NGO and international communities
and establishes a time frame for implementation, sources of
funding and indicators for success. The Ministry of Human
Rights and Refugees, the Ministry of Justice, the Ministry of
Security, the Ministry of Foreign Affairs, the State Border
Police and the BiH State Prosecutor's Office helped to
develop the Action Plan. NGOs working on combating
trafficking were also consulted during the drafting process
and had an opportunity to provide input on the new plan.
-- E. What measures has the government taken during the
reporting period to reduce the demand for commercial sex acts?
The government has undertaken public prevention campaigns
(including the secondary school program) mentioned in para
29.A. in this submission, targeting the demand for commercial
sex acts. BiH law enforcement agencies have consistently
undertaken actions to police "night bars" and other suspected
locations of illegal prostitution over the past several
years.
Additionally, amendments to the BiH Criminal Code enacted
this year criminalize for the first time the "use of services
of victims of human trafficking" with a punishment of between
six months and five years, imprisonment.
-- F. What measures has the government taken during the
reporting period to reduce the participation in international
child sex tourism by nationals of the country?
Sex tourism has not been identified as a problem in BiH or by
nationals of BiH.
¶7. (SBU) Paragraph 30:
PARTNERSHIPS
------------
-- A. Does the government engage with other governments,
civil society, and/or multilateral organizations to focus
attention and devote resources to addressing human
trafficking? If so, please provide details.
The government of Bosnia and Herzegovina works actively with
a number of NGOs and international organizations to combat
trafficking. See para 28. M. for a brief list of these
organizations.
-- B. What sort of international assistance does the
government provide to other countries to address TIP?
Bosnia and Herzegovina participates in a regional TIP
referral mechanism, and INTERPOL cooperation, including on
trafficking issues. The country is not in a financial
position to provide material support to others at this time
on trafficking issues.
¶8. (SBU) Paragraph 34:
TIP HERO
--------
(SBU) Post wishes to nominate Ms. Gabrijela Jurela, TIP
officer for the Organization for Security and Cooperation in
Europe (OSCE) Mission to Bosnia and Herzegovina, as TIP hero
of the year. Ms. Jurela has been a tireless advocate for the
improvement in handling of TIP issues over the course of
several years. Her efforts span the full spectrum of
possible involvement: from meeting individually with
sexually-abused minors, to pushing local social workers to
recognize and handle properly various TIP cases. Ms. Jurela,
however, utilizing her impeccable English and native
Croatian, engages one-on-one with political leaders including
State Prosecutors, ministers, and foreign ambassadors. In
many ways, her personal efforts have been the primary source
of international-local coordination in addressing TIP issues.
Bosnia has benefited greatly from her efforts, her passion,
and her commitment to the well-being of victims and potential
victims. For these reasons, Embassy Sarajevo wishes to
nominate her as the TIP hero of the year.
ENGLISH