U.S. Department of State 2003 Trafficking in Persons Report - Bosnia and Herzegovina

Bosnia and Herzegovina (Tier 3)

[*Please note: Bosnia and Herzegovina was updated to Tier 2 per President George W. Bush, Presidential Determination No. 2003-35, September 9, 2003.]

Bosnia and Herzegovina (BiH) is a destination and transit country for women and girls trafficked into sexual exploitation, mostly from Moldova, Romania, and Ukraine, and to a lesser extent, Russia, Belarus, Kazakhstan, and Serbia and Montenegro. Although the presence of international civilian and military personnel has contributed to the trafficking problem in BiH, the local population actively sustains it. Trafficking in persons is a subset of the organized crime problem in BiH and the region.

The Government of BiH does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. While it has taken steps to address structural and legislative weaknesses, corruption at the local level was the major factor limiting the effect of these positive initiatives and requiring a Tier 3 ranking. Reports continued throughout the reporting period that government officials facilitated, condoned or were otherwise complicit in trafficking at the local level. The Government of Bosnia and Herzegovina's capacity to combat trafficking is hampered by weak state-level authorities and institutions created by the 1995 Dayton Peace Accords, which ended the 1992-95 Bosnia war. The international community continues to play an extraordinary role in Bosnia, most notably through the NATO-led Stabilization Force (SFOR) and the Office of the High Representative (OHR), which respectively oversee military and civilian implementation of the Dayton Accords. Government expenditures remain dependent on international assistance and are increasingly unsustainable, with spending on new programs constrained by IMF and World Bank limitations. Despite this, the government made some progress to better cooperation between government agencies and NGOs regarding victim protection, enhance anti-trafficking laws and regulations, and provide leadership by the Ministry of Human Rights and Refugees (MHRR). A comprehensive effort to strengthen the rule of law through judicial and criminal legislative reform is underway; however, anti-trafficking efforts were neither systematic nor comprehensive, with poor coordination among agencies.

Prevention

A new State Commission was established to implement the 2001 National Action Plan, but did not report significant progress. Border monitoring improved as the State Border Service (SBS) took control of all major border crossings and installed a data network at all airports. Illegal immigration through Sarajevo International Airport decreased by nearly 90%. Although the government did not train border guards on human trafficking prevention and identification, in some cases NGOs stepped in to do so. New labor regulations require the MHRR to review all applications for work permits and reject those suspected to be related to trafficking. International organizations instituted preventive codes of conduct for their personnel, but reports of internationals contributing to trafficking continued. The Federation Interior Ministry issued a directive forbidding Federation police officers from visiting nightclubs linked to prostitution. No information is available on compliance with or enforcement of this directive.

Prosecution

A new criminal code came into effect in March 2003 specifically criminalizing human trafficking, including provisions for witness protection, special investigative methods and asset forfeiture. Trafficking offenses were previously prosecuted under related criminal prohibitions. Until its mandate expired December 31, 2002, the UN International Police Task Force's (IPTF) anti-trafficking "STOP" unit led the majority of Bosnian police actions against human traffickers. However, IPTF efforts were hampered by corrupt local police and government officials who often tipped-off suspects. The Federation Interior Ministry took disciplinary action against some corrupt police officers, resulting in administrative sanctions, some dismissals and one case of criminal prosecution. The Federation has an anti-trafficking unit that coordinates intelligence-gathering and investigations within each canton, and brings information to a state-level interagency "Strike Force" is in charge of coordinating high-level operations against traffickers. The Strike Force made progress in uncovering local trafficking networks. The Republika Srpska designated personnel for investigating trafficking in all ten police district headquarters. Bosnian law enforcement personnel participate in several regional cooperative initiatives, including one specifically devoted to counter-trafficking. UN officials in STOP reported a higher conviction rate than in past years, but courts still impose relatively minor penalties. In the Republika Srpska, 5 of the 12 defendants convicted for trafficking are serving prison time. In the Federation, 4 of the 41 persons convicted of promoting prostitution received a sentence greater than 2 years. Out of 5 cases in Brcko, 4 defendants received sentences for less than six months. The new criminal code, which entered into force in March 2003, increases the penalties that are available to BiH authorities for punishing trafficking-related offenses.

Protection

The government does not have an institutionalized system to prevent deportation of victims or to assist them formally, although efforts are underway to amend relevant laws. In the meantime, the Government issued a temporary instruction which stipulates that victims should not be charged with crimes nor subject to deportation. Victim protection efforts are hampered by corrupt local police who frequent brothels and consort with traffickers. At the state level, the Government developed a joint initiative on shelters with IOM, through which both sides signed a protocol to set up a central unit to establish and coordinate the network. The central office has not been established yet. The Government developed instructions for police and victim assistance agencies on the proper treatment of trafficking victims. Federation police provide 24-hour police protection to both IOM shelters in Sarajevo.