MED
DIA
GUI
GUIDE
GUIDEBO
OOK FOR JO
OURN
URNALI
NALISTS
ALIST
2
TRAFFICKING IN PERSONS
AND THE MEDIA
GUIDEBOOK FOR JOURNALISTS
December, 2010
3
Authors
Sashe Dimovski
Marija Todorovska
Stojne Atanasovska Dimishkovska
Acknowledgement
To Elena Stojanovska from the Directorate for personal data protection for her contribution and elaboration of the part that refers to personal
data protection.
Circulation: 100 copies
Printed byy: Polyyesterdayy, Skopj
pje
CIP – Cataloging
C
g in publication
National
Nation
ational an
and Un
niversity Libraryy “Svet
vetii Kliment
Klime
ment Ohridski
dski “, Skopje
kopje
07
70.41.3
343.431(0
1(035)
035)
DIM
MOVSSKI, Sashe
Traffficking in persons and the media: Guidebook for journalists / [Sashe
Dim
movski, Marija Todorovska, Stojne Atanasovska Dimishkovska], Sko : OSCE, 2010. – 90 pages: 20 cm
Skopje
Footnotes to the text
ISBN 978-608-4630-23-4
1. Todorovska, Marija [author] 2. Atanasovska Dimishkovska, Stojne
[author]
̌Ϳ:ŽƵƌŶĂůŝƐƚic Skills – Trafficking in persons – Guidebooks
COBISS.MK-ID 86413066
The content of this publication does not necessarily represent the view or the position of the
OSCE Spillover Monitor Mission to Skopje
4
TABLE OF CONTENTS
INTRODUCTION
8
Chapter I
11
TRAFFICKING IN PERSONS
11
GENERAL OVERVIEW OF TRAFFICKING IN PERSONS
11
What is trafficking in persons?
11
DEFINING THE TERM OF TRAFFICKING IN PERSONS
13
PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN
PERSONS, ESPECIALLY WOMAN AND CHILDREN
13
(THE PALERMO PROTOCOL)
THE CONVENTION OF THE COUNCIL OF EUPORE FOR ACTION
AGAINST TRAFFICIKNG IN PERSONS
14
THE PROCESS OF TRAFFICKING IN PERSONS
15
How does it happen?
15
REASONS FOR TRAFFICKING IN PERSONS
18
What are the reasons for the appearance of trafficking in persons?
18
CONSEQUENCES
19
What are the consequences?
19
Is there re-vic miza on of vic ms present instead of protec on?
19
CHAPTER II
22
TRAFFICKING IN PERSONS IN MACEDONIA
22
LEGAL REGULATIONS
22
Trafficking in persons in the Macedonian legisla on
22
INSTITUTIONAL FRAMEWORK
26
What ins tu ons are in charge of dealing with trafficking in
persons in the Republic of Macedonia?
26
NATIONAL STRATEGY, PROGRAMS AND PROCEDURES
27
Do strategies and programs exist in Macedonia?
27
PROTECTION AND SUPORT OF VICTIMS OF TRAFFICKING IN
29
PERSONS
5
THE NGO SECTOR IN THE FIGHT AGAINST TRAFFICKING IN PERSONS
31
TRAFFICKING IN PERSONS TRENDS IN MACEDONIA
32
THE EMERGENCE OF INTERNAL TRAFFICKING IN PERSONS
34
Trafficking of children
36
Trafficking in persons – types of exploita on
37
Change of the modus operandi
39
CHAPTER III
41
THE MEDIA AND TRAFFICKING IN PERSONS
41
THE MEDIA IN RAISNIG THE PUBLIC AWARENESS IN RELATION TO
TRAFFICKING IN PERSONS IN MACEDONIA
41
THE LEGAL FRAMEWORK
48
PROVISIONS THAT REFER TO JOURNALISTS
48
PUBLICITY OF COURT PROCEEDINGS
50
PROTECTION OF PERSONAL DATA IN MEDIA COVERAGE
54
CHAPTER IV
61
PRACTICAL PART
61
WHAT IS TRAFFICKING IN PERSONS?
61
WHO CAN BE INVOLVED IN TRAFFICKING IN PERSONS?
61
WHY DO JOURNALISTS WRITE ON THIS SUBJECT?
62
WHAT ARE THE MOST COMMON MISTAKES THAT JOURNALISTS
MAKE?
63
HOW TO INVESTIGATE A STORY OF TRAFFICKING IN PERSONS MAKING
MINIMUM MISTAKES ?
63
WHO CAN BE A SOURCE OF INFORMATION ?
64
HOW YOU CAN FIND SOURCES THAT WOULD HELP YOU IN THE
INVESTIGATION OF A STORY OF TRAFFICKING IN PERSONS ?
65
HOW TO USE VERBAL STATEMENTS /SOURCES?
65
WHOM CAN YOU TRUST ?
67
BE CAREFUL WHAT YOU ARE SAYING AND IN FRONT OF WHOM YOU
ARE SAYING IT
68
WHO WANTS THE STORY TO BE PUBLISHED, AND WHO DOES NOT ?
69
HOW TO CONDUCT AN INTERVIEW WITH A VICTIM?
70
6
TURNING MEDIA INTO TABLOIDS: THE ETERNAL TRINITY OF THE
70
THREE “S”- SEX, SPORT AND SCANDALS
ASK YOURSELVES THE RIGHT QUESTIONS IN ORDER TO MAKE THE
CORRECT ETHICAL DECISIONS
71
COMMERCIAL OVER PUBLIC INTEREST
72
WHAT HAPPENS AFTER THE STORY HAS BEEN PUBLISHED?
73
CASE ANALYSIS
75
MOST COMMONLY USED TERMINOLOGY
81
USEFUL CONTACTS AND LINKS
84
7
INTRODUCTION
Why was this Guidebook created?
Trafficking in persons has become a phenomenon of more and more
increased incidence during recent years and rose to a level of a common
problem that affects the society as a whole. Trafficking is not only a crime, but
much more than that; it implies organized crime, violation of fundamental
human rights, negation of people as human beings, contemporary slavery.
However, the awareness of the problem is fortunately at a very high
level, as is the awareness that prevention of trafficking in persons and
protection of victims also represent a common public interest and obligation.
Generally, having in mind the serious nature of the problem, it can be
concluded that media coverage of trafficking in persons and complex crimes in
the country, although in existence, is often inappropriate, mainly due to
insufficient substantive analysis of the events.
This guidebook was prepared having this idea in mind and generally, it
strives precisely towards raising the capacities of the media for professional
coverage of cases of complex crimes and therefore, raising the awareness of
the general public in relation to these serious problems in the society.
What is the goal of this Guidebook?
The goal of this guidebook is to provide useful information to journalists,
which should be taken into consideration when reporting on trafficking in
persons, thus contributing towards development of effective practices of
adequate media reporting of these types of cases, and as a result, towards
strengthening the professional and analytical journalism in general.
Whom is this Guidebook intended for?
The Guidebook is primarily intended for journalists who are covering and
reporting on trafficking in persons cases and related crimes, but it can be also
beneficial for all journalists who are simply interested in serious analytical
investigating and reporting.
8
Why should I read this Guidebook?
It is generally accepted that media are not just an ordinary source and
transmitter of information, but that they are the main creators of the public
opinion and hence, they have a concurrent informative and educational role.
Appropriate media coverage of the topic is crucial for overcoming
prejudices, raising public awareness and finally, for preventing any further
recruitment and improvement of the quality of the process of reintegration of
victims. By means of theoretical and practical examples and analysis, this
Guidebook shall provide directions and recommendations to journalists, in
order to improve the quality of their reporting on this topic.
How can I use this Guidebook in practice?
The guidebook provides basic information in relation to these types of
crimes, such as: their definition, the elements of the crime, the legal framework
that regulates them, both at the level of national legislation and via
international conventions in this area, national trends and current trends and
tendencies around the world, statistical data and useful information.
Furthermore, this Guidebook represents a form of a lead and source of
information for future articles on this subject.
9
10
TRAFFICKING IN PERSONS
Marija Todorovska
Stojne Atanasovska Dimishkovska
CHAPTER I
TRAFFICKING IN PERSONS
Trafficking in persons is a global problem and that is why, journalists
who write and report on this subject, should be familiar with the general
context on an international level. The first part of this Guidebook refers
specifically to the international definitions of trafficking in persons, the
individual phases of the process of trafficking in persons, the most common
reasons for the occurrence of the problem and the consequences that
trafficked victims are faced with, after they have been rescued.
GENERAL OVERVIEW OF TRAFFICKING IN PERSONS
What is trafficking in persons?
Trafficking in persons is an international problem and it represents a
contemporary form of slavery. During the process of trafficking in persons, the
human body and labor are exploited in the cruelest possible manner and the
fundamental human rights of the victims are also violated, starting with the
restriction of movement and all the way to violence and abuse. This most
commonly occurs in the sex industry, the civil construction and agricultural
sector, but, it also occurs in private households, otherwise recognized and
identified as sectors of weak collective rights. Contrary to the global efforts for
suppression, this phenomenon still persists.
Trafficking in persons, as a phenomenon, is caused by various reasons
that would appear in all of the phases of the process of trafficking in persons: in
countries of origin (unemployment, poverty, wars, political instability, poor
social conditions, gender inequality), in destination countries (demand for
cheap labor force or repressive migration policies) and during migration (lack of
secure and legal possibilities for migration). As an antecedent to the above
listed factors, additional share may be attributed to violence, especially
11
TRAFFICKING IN PERSONS
domestic violence, sexual abuse, discrimination, parental negligence, low
educational level and lack of life skills.
The search for a better life, the possibilities for employment and better
chances for earning a higher income, the search for better quality education or
the desire to discover new countries, combined with the lack of information,
contributes towards making uninformed decisions that can be very easily
exploited by the traffickers.
When speaking about the number of victims on a worldwide level and
even on a domestic level, it is practically impossible to provide for concrete,
accurate and generally accepted statistics. Various stakeholders, including
international organizations, institutional partners
artner and NGOs are applying
different techniqu
q es for data collection and
nd use diversee indiccators.
Besidees this, th
here are also o
other
er reason
reasons due to wh
hich, aan accurate
number
mber that reflects reality cannot be proviided, such as: larrge nu
umbeer off
unreeported cases
cases;
c
po
oor identification
n; fearr to repo
report thee case by thee victim
ms
because they are or have
h
been undeer th
hreat by tthe traffickers; fear not
ot to b
be
detained
d or plac
laced
d iin
n custody as illegal
ill gal migrants
migran due to the existence off
differentt n
national
natio
legislations; lack of confidence
onfidence and trust in the competent
law enforccement
ent authorities
author
and often happens that the victims are not able to
recognize themselves
t
l
as victims.
According to the 2010 US State Department – Trafficking in persons
report 1; every year, 12,3 million woman, children and man are being trafficked
due to labor and sexual exploitation, as well as due to indebted slavery.
Contrary to the stereotype that trafficking in persons, mostly occurs in
the sex industry and that the victims are primarily young and naïve women, a
large portion of the trafficked persons around the world are actually men and
mostly they are trafficked for labor exploitation.
Long time ago, the international community began to promote and
create policies and to prepare and implement conventions, while on the other
hand, the states started drafting strategies and national action plans to prevent
and to deal with this phenomenon, but unfortunately, even after many years,
trafficking in persons is still present in underdeveloped countries, in developing
countries, as well as in the economically developed countries, in post war
countries and countries that are still at war
war, or in short
short, trafficking in persons is
a global problem and no single country is immune to this phenomenon.
1
Trafficking in persons report-10th edition –State Department- ƉŐ͘ϳ;:ƵŶĞϮϬϭϬͿǁĞďƉĂŐĞ
http://www.state.gov/documents/organization/142979.pdf
12
TRAFFICKING IN PERSONS
Although, trafficking in persons represents a common problem for all
countries on a global level, still, different countries use diverse approaches and
deal with it in different manners. Many of the countries do recognize trafficking
in persons as a serious violation of human rights, but nevertheless do not
render appropriate assistance, support and protection of trafficked persons.
Even, when in certain cases, a short-term assistance is offered, there is a
lack of long-term solutions, such as: access to the labor market or obtaining a
long-term residence permit (if the trafficked person is not willing or cannot
return to his or her native country or country of origin).
In general, state policies have a tendency to focus on measures in the
area of controlling crime and migration policies and are much less focused on
the protection of the human rights of trafficked persons.
Creating policies to fight against trafficking in persons, where the
principle of respecting human rights shall be imbedded and implemented, will
allow for an adequate response to the reasons that lead to the emergence of
trafficking in persons, which, in turn, shall contribute to strengthening of
vulnerable groups.
DEFINING THE TERM OF TRAFFICKING IN PERSONS
PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN
PERSONS, ESPECIALLY WOMAN AND CHILDREN (THE PALERMO
PROTOCOL)
The long-lasting efforts by various governmental and non-governmental
bodies to define trafficking in persons were finally accomplished in 2000, with
the signing and adoption of the Protocol to prevent, suppress and punish
trafficking in persons, especially women and children 2, which serves as a
supplement the United Nations (UN) Convention against transnational
organized crime (hereinafter, the Palermo Protocol), that came into force three
years later.
The Palermo Protocol from 2000 defines trafficking in persons as:
“Trafficking in persons shall mean the recruitment, transportation,
transfer, harboring or receipt of persons, by means of threat or use of force or
2
Protocol of the United Nations to prevent, suppress and punish trafficking in persons, especially women and children;
a supplement to the UN Convention against transnational organized crime; December 2000.
13
TRAFFICKING IN PERSONS
other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability or of the giving or receiving of payments
or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to slavery,
servitude or the removal of organs”.
With this Protocol, a distinction is being made for the first time, between
sexual labor (prostitution) and trafficking in persons and between trafficking
and smuggling of migrants, which is elaborated in another protocol.
This Protocol is especially important because it provides a unique,
common and generally accepted definition off traffick
traffi ingg in persons
p
and sets up
the international standards,, whose goal is
i to
o preveent trafficckingg in perso
sons
ns,, to
protect
tect victims
victim and leggally prosecute the offenders
offender
d 3.
Hencee, the deffinition of trafficking in
i persons
person includes
es three essential
ntia
elements:
ments:
1)) Processs / Actions (what haas been done
e or what has happened):
d):
the transfer,
harboring or receipt of
The recruitment, the transportation,
t
i
trans
persons.
2) Mean
M ns (how was
w it done):
By means of threat or use of force or other forms of coercion, of
abduction,, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits.
vulnerabili
3) Goal (why was it done):
For the purpose of exploitation. The exploitation of other persons is an
essential element of trafficking in persons that separates this crime from any
other type of crime. Exploitation includes, at a minimum, the exploitation of
prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude or the removal of
organs.
COUNCIL OF EUROPE CONVENTION ON ACTION AGAINST TRAFFICKING
IN HUMAN BEINGS
In February 2008, The Convention of the Council of Europe 4 on action
against trafficking in human beings entered into force. The Council fully
3
Previous instruments in the area of trafficking in persons perceived trafficking in persons exclusively as a transfer of
women (mostly white women) across borders due to immoral purposes and reasons.
4
To see the full text of the Council of Europe Convention, please visit:
http://www.coe.int/T/E/human_rights/trafficking/PDF_Conv_197_Trafficking_E.pdf
14
TRAFFICKING IN PERSONS
adopted the definition of trafficking in persons contained in the Palermo
Protocol for trafficking in persons and provides better protection of the human
rights of trafficked persons. The Council of Europe Convention on action against
trafficking in human beings is the first legally binding instrument that offers
detailed instructions and guidelines for the Governments in relation to the
manner in which they should be combating trafficking in persons.
For the first time, this legal document defines the standards and offers
directions in a large number of areas that are not covered by the Palermo
Protocol, such as: the internal trafficking in persons and trafficking that does
not include the existence of an organized criminal group.
The emphasis is placed upon the principle that trafficked persons should
not be punished for the crimes they were force to commit during the process
of trafficking in persons and that the victims of trafficking in persons are human
beings and they must be recognized as such, in order to avoid a situation where
the police and other state bodies would treat them as illegal migrants or
criminals. The states are expected to adopt all necessary measures, in order to
render assistance to the victims during their physical, psychological and social
recuperation.
The Convention established an independent mechanism for monitoring called GRETA 5, which shall control the fulfillment of the obligations that derive
from the Convention. Having in mind the fact that the Council of Europe is an
intergovernmental institution for human rights, there is hope, that the
activities undertaken by GRETA shall be focused not only on the
implementation of the Convention, but also on the effect of all other measures
against trafficking in persons on the human rights (especially the rights of the
individuals that are trafficked in the Member States).
THE PROCESS OF TRAFFICKING IN PERSONS
How does it happen?
The initial element of the trafficking in persons process is the
recruitment phase. By misusing the innocence and naivety of young people
who are trying to improve their future, to lead an exciting life full of
adventures, see new places and meet new cultures, the traffickers are
recruiting new individuals in the process of trafficking in persons on a daily
5
„GRETA“ is a group of independent experts for action against trafficking in persons, which shall oversee the
implementation of the Convention. For that purpose, GRETA shall prepare regular reports, whereby evaluating the
measures taken by the states in accordance with the Convention.
15
TRAFFICKING IN PERSONS
basis. The recruitment (the entrapment) in trafficking in persons is done by
using various methods, such as: false lucrative job offers, fake travel
arrangements, contracting phony marriages, and even selling victims by their
parents/guardians, friends, acquaintances or unknown individuals.
It often happens that agencies for employment are offering work abroad
for models, waitresses, babysitters, caretakers of elderly persons, hotel
personnel etc; where it is not required to have a high level of education,
experience or knowledge of foreign languages. Such false promises for work
can be accompanied with promises of acquiring a travel document, passport or
visa, transportation, comfortable accommodation and finally offering a starting
loan that the person is supposed to repay from the first salary. The recruitment
can also happen with a use of force, threats or other forms of coercion or by
means of kidnapping.
The next element in the processs off trafficcking in persons is the ph
phas
asee
of transportation
ransporta
or transfer of victim
ms from one city
ty to another
aan
, or from one
country
ntry to aanother. TThis is done mosstlyy, because
usee the
th
he transfer
tran er of victi
victims
v tims ffrom
om
theiir place o
of origin to
t a different pllace, all
allows
ws the traffickers
ffickerrs to rem
movee the
th
victims
ims from their
thei usu
ual environmentt and
d ffamiliar
amiliar
liar surroundings
su
nding and it prov
provides
rovidees
for achie
achieving
eving a gr
ggreater control over th
hem
m.
In
n the temporaryy destination
d i i cou
untry, thee victims may be transferred
through le
legall cchannels using their own or forge
forged documents or they can be
transferred
d via smuggling
smugglin routes or channels 6. Trafficking in persons does not
always include crossing of state borders and if it is done within the borders of a
certain country, it can be qualified as internal trafficking, while if it occurs
outside th
the borders of a certain country, it can be described as transnational
trafficking in persons.
All previously mentioned actions, taken by the traffickers are leading
towards the final element of the process and have solely one ultimate goal, and
that is exploitation. The exploitation frequently begins at the place of
destination and allows for the fulfillment of the greatest motive that traffickers
have – and that is to make financial profit. The goal of the traffickers is to make
profit by exploiting other persons, which can happen in different ways: sexual
exploitation 7, labor exploitation, forced beggary, forced commission of crimes,
illegal adoption, forced marriages, trade in human organs or in any other
manner.
6
Smuggling of migrants implies transportation of persons (with their consent) to an another country in an illegal
manner, i.e. where the goal is to provide for an illegal stay or entry in an another country, while the goal of trafficking
in persons is the exploitation of human beings through forced labor or conditions that are similar to slavery. Above all,
trafficking in persons is a crime against the personality, while smuggling of migrants is a crime against the state.
7
The term victims of trafficking in persons, is often associated and identified with the goal of sexual exploitation and
prostitution, which derives from the fact that the most common form of exploitation of trafficked victims is the sexual
exploitation.
16
TRAFFICKING IN PERSONS
Various target groups are exposed to certain forms of exploitation to a
various extent. For example, women are most often the target of sexual
exploitation, domestic servitude, labor exploitation in workshops and factories.
Children are frequently targeted for sexual exploitation or forced into beggary,
while men are commonly being exploited in forced labor in the area of civil
construction, agriculture etc. Regardless of the type of exploitation at hand, the
common feature is that exploitation always takes place in the cruelest possible
conditions and everything the victim does during the process of trafficking in
persons is done under coercion and against her or his will.
At the beginning, victims of trafficking in persons voluntarily accept the
“conditions” being offered to them by the recruiters, however, they are
deceived about the ultimate goal of the trip and about the type of work they
are expected to perform. Most often, only when they arrive at the
predetermined destination, victims of trafficking in persons discover what they
are actually supposed to be working or what actions they are expected to
perform. 8
In order to ensure submission, obedience and control over the victim,
traffickers use violence (psychological, physical and sexual), blackmail and
intimidation, threats (against the victim’s life, but also against the lives of the
members of his or her immediate family), they are taking away personal
documents, they isolate the victims from the surroundings or the environment,
control their movement and they also create an addiction by means of using
narcotic drugs and alcohol.
The most common manner of controlling the victims is the so-called
indebted slavery. The victim is being told that the trafficker paid a certain
amount of money in order to cover the travel expenses to the final destination,
i.e. a sum that is constantly increasing due to interest and everyday expenses
that are required for the victim’s subsistence. The victim is continually kept to
believe that as soon as he or she pays off that amount, he or she can regain his
or her freedom.
8
In certain cases this happens during the transportation or transfer phase.
17
TRAFFICKING IN PERSONS
REASONS FOR TRAFFICKING IN PERSONS
What are the reasons for the appearance of trafficking in persons?
There are many reasons for the emergence of trafficking in persons.
Most often, they are predetermined by numerous political, economic, social and
d
cultural factors.
TTrafficking in persons operates according to the principle of supply and
demand.
On one hand, there are certain incitement factors in the countries off
origin (unemployment, poverty, social exclusion, situations of armed or war
conflicts and repression, lack of political,, social and economic stability,
domestic violence, gender discrimination,
n, la
lack of pro
oper aaccess to education
and
d information etc.)), which have an effect
ect on
n people
peop
peo e w
who
ho d
decide to migrate to
otheer cities or
o countries in search of a better life or simply
simpl ass part of the fight
g
for survival.
On thee oth
other hand,
and, in develop
developed
ped and wealthy
ealthy countries,
ntries i.e. deestinaatio
on
countriees, there is a vast demand for
fo
or in
inexpensive
nexpensiv products, cheap labor
bor an
and
low-priced servic
vices
es (tem
(temptation
temptation factors)
facto ). Organizzed crime groups have found
their own
wn inte
interest and an opportunity for making
makin huge profits by connecting
the supplyy and demand.
All these
t
reasons contribute towards increased (desire for) migration,
but in cond
ditions of restricted possibilities for legal migration due to numerous
repressive policies, people use various smuggling channels and go-betweens,
exposing themselves to deceit, violence, abuse and exploitation.
In addition, there are also the so-called “universal factors” that also have
their share in the development of trafficking in persons. The absence of
information on trafficking in persons, as well as the absence of an authentic
information regarding the possibilities abroad, corruption of government
officials in the counties of origin, transit and destination, responsible for the
fight against trafficking in persons, nonexistent incrimination of trafficking in
persons in certain countries or the inappropriate penal policies in regard to the
offenders, strict visa and immigration regimes, as well as the inadequate
capacities of the individuals who are in charge of enforcing the laws and
controlling the borders, are also factors that facilitate the actions of trafficking
in persons and increase the vulnerability among the general population.
When speaking about trafficking in persons, it is necessary to mention
the unequal exposure of the genders to the abovementioned causes.
causes Namely,
Namely
women are disproportionately exposed to these factors. The increased demand
for labor in certain traditional women’s sectors on the labor market, such as
domestic work, accompanied by the general demand for inexpensive work
18
TRAFFICKING IN PERSONS
force in the service industry, which hires (informally and illegally) female
workers, contribute to the increment of mobility and (frequent) acceptance off
suspicious job offers. This feminized sector is not usually recognized as proper
work and any sort of protection of workers’ rights barely exists, while abuse,
violence and exploitation are frequently present.
Further, children belong to the most vulnerable category of trafficked
persons, with a strong influence by domestic violence, sexual exploitation,
parental negligence and social exclusion, thus, in parallel, contributing to the
creation of a twisted perception of the genuine values and the enjoyment off
human rights.
Although there are no exact statistics on the nu
number
ber of trafficked
children, according to the United
ted Nations
Nations, it is estimated
timated
ted that
th half
half of the victims
of traffickingg in persons
pers
are children. The International
ernationa Labor Organization
anizat
esti
es
tima
mate
tess th
hat appro
oxim
ox
imat
atel
elyy 1.2 million ch
hildren
ren
n aare
ree bein
ngg ttrraffickked
n
d on a
yyearly basis and haviing in min
nd the increased
d dem
mand
d for sexual
s al service
serv es and
d
9
ccheap labor forcee, furtherr increase of this num
mber can be eexpected.
CONSEQUENCES
What are the
t consequences? Is there re-victimization of the victims
instead of protection?
T
The
victims in the process of trafficking in persons are abused and
exploiteed in specific conditions, which may result in short-term and long-term
minor and
a severe psychological and physical injuries, diseases and infections,
especially sexually transmitted diseases or HIV viruses and sometimes this can
go to the extreme and result even with permanent disability and death. Any
symptoms like: anxiety, depression, alienation, disorientation, aggression and
difficulties in concentration are direct consequences of the long-term and
repeated traumatic experiences that victims suffered during the process off
trafficking in persons. Various studies have shown that injuries and traumas
acquired during the process of trafficking in persons can last for a long period
after the person has left the situation of exploitation, especially if there is no
appropriate support and counseling provided.
The behavior of the victims of trafficking in persons is sometimes not
comprehensible for the environment. Victims are often perceived by the
environment and even by those that help them,
them, as uncooperative, edgy, hostile
and aggressive or ungrateful. The truth is that victims are having hard time
9
For more information please visit http://www.unicef.org/protection/index_exploitation.html
19
TRAFFICKING IN PERSONS
facing and accepting what happened to them and that it is even more difficult
for them to talk about the past events. The stigma of being a victim, which
constantly accompanies trafficked persons has a significant and continuous
effect on their lives, on the traumatic experience, as well as on the possibility
to be rejected by the family and community.
The rehabilitation and reintegration of victims of trafficking in persons is
a long-term and complex process that cannot guarantee success with any
certainty. Even, when it is possible to resolve any physical problems and to
overcome the stigma, the trauma and the psychological damage hinder the
overall process of healing, which is already additionally obstructed by the
problems related to the accessibility of services. Some of the victims can no
longer adapt to the ways of living that they previously considered as “normal”.
There is no need to mention that when
n victims
victim are returning to the same
environment and when the factors thatt iiniti
i ially leead to traaffickingg in per
erso
sons
ns
are not eliminated,
lim
a significant risk exists
xists th
thatt theyy mig
ight find themselves
again
in in danger
dan
of a repeated invo
olvem
ment in thee proccess off tr
trafficking
traff
ffickin in
perssons.
In
n addition
add
addition, an
ny public disclo
osure
re of the ssituation
tion of
o the trafficked
traffic
t affickeed
person, revilement off his or her ideentity,
person
entitty, especi
especially of the victims who
o have
hav
been seexually exploited
d, often
d
f
leads
l d to
o stigmatization
stigmat
and rejection of the
victim by the
the community
co
ommunity, leaving the victim
tim with a bitter feeling of guilt.
The rights of victims often continue to be violated, even after they have
left the sittuation of exploitation and trafficking, i.e. in many cases they are
faced with re-victimization. Namely, in many of the countries, the protection
provided to trafficked persons is still directly conditioned by their willingness to
cooperate with the competent authorities. However, such a conditional
protection is contrary to the full access and protection of human rights, since
every exploited victim is guaranteed unconditional support and respect for his
or her rights and the use of trafficked persons merely as an instrument in the
criminal proceedings are not allowed.
In many cases, trafficked persons cannot hope and count on any type off
support by the state, because they do not have a legal residence permit or they
are not able to prove their identity. In addition, they are also taking the risk off
being arrested, deported, convicted or punished for their illegal entry or
residence in the country, involvement in prostitution, beggary or other illegal
activities, as well as for other crimes that might be a direct consequence of the
situation they are in as trafficked persons.
Women that are trafficked in the “sex industry” are especially faced with
a possible triple marginalization: as women, migrants and as prostitutes.
Even if the trafficked persons are not facing all of the problems
mentioned above, many of them are faced with a lack of support services,
20
TRAFFICKING IN PERSONS
because they are simply not offered to them, they do not know where to find
or ask for such services or due to the fact that an appropriate system for
support, simply, does not exist in those specific countries.
The absence of appropriate assistance and protection, accompanied by
the fear of possible repercussions, stigma and feelings of shame or guilt, are
the main reasons why, trafficked persons are not reporting such cases to the
competent authorities and they also refuse to testify.
Besides this, in large number of countries there is no appropriate
legislation and even when the legislation does
oes exits, it contain
conta s certain
deficiencies or it is not being implemented
mplemented properly
pro
.
21
TRAFFICKING IN PERSONS IN MACEDONIA
Marija Todorovska
Stojne Atanasovska Dimishkovska
CHAPTER II
TRAFFICKING IN PERSONS IN MACEDONIA
The trafficking in persons topic in Macedonia explains the
multidimensional response of the relevant institutions and organizations,
involved in the prevention and suppression of the problem. The efforts made
for the harmonization of the legal framework, programs, strategies and
procedures, as well as the role of individual institutions in process of providing
assistance and protection to victims in Macedonia, are elaborated in detail in
the following section.
LEGAL REGULATIONS
Trafficking in persons in the Macedonian legislation
In several reports, dedicated to the issue and problem of trafficking in
persons in the Republic of Macedonia (R.M.) 10, it is pointed out that the
legislative framework in the Republic of Macedonia for fighting against
trafficking in persons is in accordance with the international standards, and if
fully implemented, it is sufficient on its own.
As a consequence of the ratification of the UN Convention against
transnational organized crime and its two protocols by the Parliament of the
Republic of Macedonia, the crime of “Trafficking in persons” was incorporated
in the Macedonian penal system for the first time with the introduction of
Article 418-a of the Criminal Code (CC) of 25th ŽĨ:ĂŶƵĂƌLJϮϬϬϮ͘
The text of Article 418-a – Trafficking in persons with the latest changes
and amendments, reads as follows:
10
Report on trafficking in persons for 2009, Macedonia, US Department of State.
22
TRAFFICKING IN PERSONS IN MACEDONIA
Article 418-a
(1)Any person who uses force, serious threats, leads to delusion or uses
other forms of coercion, abduction, deceit, with abuse of the person’s
position or state of pregnancy, incapacity or physical or mental inability of
another person or by giving and receiving money or other benefit in order to
receive the consent of a person that has control over another person, or in
other manner recruits, transports, transfers, purchases, sells, harbors or
receives persons for the purposes of exploitation by means of prostitution or
other forms of sexual exploitation, pornography, forced labor or servitude,
slavery, forced marriages, forced fertilization, illegal adoption or other similar
relations or illicit transplantation of parts of the human body, shall be
sentenced to prison for at least four years.
(2) Any person who seizes or destroys a national identity card, passport
or another type of identification document that belongs to another person in
order to commit the crime referred to in paragraph (1) of this Article, shall be
sentenced to prison for at least four years.
(3) Any person who uses or enables others to use sexual services or
otherwise exploits persons for whom he/she knew or was obliged to know
that they are victims of trafficking in persons, shall be sentenced to prison
from six months to five years .
(4) If the crime referred to in paragraphs 1, 2 and 3 of this Article is
committed by an authorized person during the performance of official service,
that person shall be shall be sentenced to prison for at least eight years.
(5) Any consent by the victim of trafficking in persons for the purpose of
exploitation as referred to in paragraph 1, shall bear no relevance to the
existence of the crime referred to in paragraph 1. .
(6) If the crime referred to in paragraph 1 is committed by a legal
entity, it shall be punished with a pecuniary fine.
(7) Any real estate involved and any objects and means of
transportation used in the commission of the crime shall be seized.
Article 418-a, besides offering an extended list of forms of exploitation in
comparison to the ones prescribed in the Palermo protocol, clearly indicates
that the consent of the victim is irrelevant, thus eliminating one of the
dilemmas that presented itself during the court procedures in recent years.
Namely, the consent of the victims to be exploited (if the victim knew that he
or she was expected to provide sexual or other types of services) in the
practices of the court was treated as a mitigating circumstance in the
determination of the sentence for the perpetrators of crimes of Trafficking in
persons. This practice of the court, encouraged a discussion into whether it
would be possible for the victims, who are in a state of constant intimidation,
23
TRAFFICKING IN PERSONS IN MACEDONIA
coercion, deception and other similar circumstances, to give a valid consent for
the condition in which they have been placed 11.
The changes and amendments made to the Macedonian Criminal Code
ĞŶƚĞƌĞĚŝŶƚŽĨŽƌĐĞ ŝŶ :ĂŶƵĂƌLJ ϮϬϬϴ ĂŶĚƌƚŝĐůĞ ϰϭϴ-d “Trafficking in juveniles”
was added. This provided for a clear distinction between trafficking in children
and the general term of the trafficking in persons crime. This distinction was
also emphasized with the difference in the range of sentences, which are twice
as strict for the first crime, i.e. with a statutory minimum of eight years
imprisonment provided for this crime.
Additionally, the Macedonian legal framework, with the changes and
amendments to the Law on Criminal Procedure (LCP) 12, was harmonized with
the provisions of the Palermo Protocol, in relation to the rights of victims of
trafficking in persons and more specifically, the right of protection of privacy
and identity and the right for compensation of damages.
Namely, when the victim is placed in danger by giving a statement
during the criminal procedure, special measures for protection of
victims/witnesses are provided through the Law on witness protection, which
entered into force in 2005. This law prescribes special measures for protection
that consist of: guarding the secrecy of the identity, providing personal
protection, change of address or place of residence and change of identity.
Additionally, the latest changes and amendments of the LCP further develop
and elaborate the manner of protection of an endangered witness, and there
are also provisions that provide for an examination of an endangered witness
under pseudonym, i.e. use of special technical devices for audio and video
transfer.
A significant component of the efficient detection and prosecution of
traffickers of human beings is the readiness of the victims to act as witnesses,
having in mind the fact that their testimony is considered as the most important
evidence. The appropriate assistance and support to the victims before, during
and after the completion of the trial in a criminal procedure by the legal
representative from the National Referral Mechanism (which shall be explained
further down in the text) and by the team from the shelter in charge of
providing psychosocial support, encourages the victims to testify and protects
them for repeated trauma throughout the entire process.
The victim-witness is informed about his or her rights, about the right not
to give any personal information, the right to an interpreter, the right to have a
trial where the public shall be excluded, the right to an authorized counsel who
11
Read more on page 25 of the Report prepared by the coalition “All for fair trials”, Efficiency of the courts in dealing
with the phenomenon of organized crime 2005/2006/2007, Skopje, February 2008, Violeta Velkovska.
Until the adoption of the new LCP in November 2010
12
24
TRAFFICKING IN PERSONS IN MACEDONIA
shall represent him or her, the right to elaborate any property or legal claims,
as well as about the possible removal of the defendant during the main hearing.
The Law on Criminal Procedure has been changed also in the part that
refers to the claim for compensation made by the victims - injured parties as a
result of the crime of Trafficking in persons.
The change is that so far, victims were exercising their right to
compensation in a separate civil procedure, while now they can request
compensation directly as part of the criminal procedure, i.e. with the judgment
for conviction of the defendant, the court may also rule and pass a full or
partial decision regarding any property or legal claims. 13
Practice has shown that victims are facing problems while attempting to
practice their right to compensation of damages, because any compensation
for non-material damages should be paid by the trafficker, i.e. the convicted
person and quite often it happens that the convicted individual does not have
any property or even a bank account under his or her name, thus, preventing
the victim to effectuate the property or legal claim for years. A juvenile victim
of the crime – trafficking in persons, has the right to be compensated from the
Fund for Compensation 14
The new Law on foreigners that was adopted in 2008 allows for a certain
decision making period, in order for the victims to recuperate, to receive
appropriate help and to decide if they are going to cooperate with the
Macedonian authorities and testify against the traffickers. According to the
law, this period to make a decision for the foreign victims is up to two months,
while juvenile victims are offered a decision making period of two months,
which can be additionally extended. For domestic victims, this period is 30
days from the day of accommodation at the shelter, as regulated in the
standard operative procedures for dealing with victims of trafficking in persons
(the same shall be elaborated further down in this text).
After the expiry of the decision making period, the victim (a foreign
citizen) shall be issued a temporary residence permit, valid for six months,
which may be extended if the court proceedings are still ongoing.
13
14
Article 101, paragraph 2 of the Law on changes and amendments to the LCP
Law on juvenile justice, Article 141, Republic of Macedonia
25
TRAFFICKING IN PERSONS IN MACEDONIA
INSTITUTIONAL FRAMEWORK
What institutions are in charge of dealing with trafficking in persons in the
Republic of Macedonia?
The National Committee to Combat Trafficking in Persons and Illegal
Migration (NC) was established at a national level in 2001. The task of the
Committee is to coordinate the work of all institutions involved in the process
of prevention, protection and investigation of trafficking in persons cases. The
Committee is headed by a National Coordinator.
A Secretariat was established as a part of the NC in 2003 – a body that is
responsible for accepting and implementing any decisions made by the
National Committee and this body includes representatives of international
organizations, nongovernmental organizations, embassies and governmental
bodies 15.
Another part of the NC is the subgroup for children – victims of
trafficking, established in 2003, in order to adjust the work of the Committee
towards the needs of this sensitive category of victims and to place special
emphasis on the prevention of trafficking of children and the improvement of
the protection of juvenile victims.
The work of the National Committee is much more structural then
practical and mostly consists of preparation of policies and strategies, such as
the National Action Plan. At the same time, the Committee has the obligation
to monitor the implementation of these strategies, to prepare reports and
suggest any further activities.
As envisioned in the National Action Plan, the National Committee
should have much more solid coordinative role, while the Secretariat should
strengthen the executive capacities. The subgroup for the fight against
trafficking of children should provide for much better coordination and
harmonization of its activities with those of the National Committee.
15
The following institutions are represented: Ministry of Interior, Ministry of Labor and Social Policy, Ministry of
Education, Open Gate - La Strada, Happy childhood, UNICEF, International Organization for Migration, OSCE,
International Centre for development of migration policy, NGO Semper, the Embassy of the USA, the Embassy of the
United Kingdom, MARRI, the Red Cross, Centre for civil initiatives, the Coalition “All for fair trials” and the Women’s
Association.
26
TRAFFICKING IN PERSONS IN MACEDONIA
Furthermore, in 2009, a new body was established – National Reporter,
whose primary role is to oversee the overall activities in the fight against
trafficking in persons. This body, as envisioned by the National Action Plan, is
responsible for collecting and analyzing data (qualitative and quantitative
information) for wider topics related to trafficking in persons in the context of
prevention, protection and criminal prosecution. At the same time, one of the
roles of this function shall be to oversee and monitor the implementation of
standard operative procedures.
The National Referral Mechanism (NRM) is functioning as a part of the
Sector for equal opportunities at the Ministry of Labor and Social Policy (MLSP)
from 2005, in order to provide for identification, assistance and protection of
victims of trafficking in persons, regardless of whether the victim is a juvenile or
an adult. NRM consists of a Coordinative office with a legal advisor, field work
coordinator and a coordinator.
The primary goal of this office is to coordinate the work of 58
professionals (social workers) from 27 Centers for social work (CSW)
throughout the territory of the Republic of Macedonia and to cooperate with
all other services involved in the process of protection of victims. It is important
to mention that this mechanism works solely with domestic victims, but it can
also get involved in cases with foreign juvenile victims.
Additionally, Republic of Macedonia is part of the Transnational Referral
Mechanism (TRMU) that connects the entire process of referral; starting from
the initial identification to the safe return and assistance in transit countries,
destination countries and countries of origin, including the cooperation among
various governmental institutions and nongovernmental organizations. 16
NATIONAL STRATEGY, PROGRAMS AND PROCEDURES
Do strategies and programs exist in Macedonia?
The Macedonian Government has recently adopted a National Strategy
and Action Plan to combat trafficking in persons and illegal migration, as well
as an Action Plan to combat trafficking of children in the Republic of
Macedonia for the period 2009-2012 (NAP).
16
http://www.icmpd.org/fileadmin/IIMS-documents/ICMPD/TRM/Programme_Description_01.pdf
27
TRAFFICKING IN PERSONS IN MACEDONIA
The Strategy is divided into 4 segments: Supportive framework,
Prevention, Support and protection of victims of trafficking in persons and
migrants, Investigation and criminal prosecution of perpetrators of trafficking
in persons and smuggling of migrants. This document establishes the strategic
priorities in the fight against trafficking in persons, defines the tasks for the
responsible institutions, harmonizes the inter-institutional activities, both on
local and regional level, provides for improvement of the quality of services
intended for the victims, and it intensifies the investigation, criminal
prosecution and conviction of the perpetrators.
The goal of the Action Plan is to plan the coordinative activities of all
concerned parties and stakeholders, but also, to provide a wide political and
financial support for the implementation of the activities that are envisioned in
the plan. In addition to this document, an Action Plan to combat trafficking of
children was prepared. This document is clear and establishes clear goals with
realistic timeframes.
At the beginning of 2008, the Government adopted the Standard
Operative Procedures for proceeding with victims of trafficking in persons
(SOP), aimed towards providing support and protection of all victims of
trafficking in persons, via a detailed and comprehensive step by step approach,
based on the human rights. At the same time, the SOPs envision an institutional
framework for cooperation, which shall have the victims of trafficking in
persons (TP) in its focus. The SOP includes undertaking specific measures in the
following areas: Identification and referral, Immediate care and assistance,
Repatriation, Reintegration and Criminal Procedure.
As mentioned in certain analysis, the Macedonian standard operative
procedures, in comparison with those of the neighboring countries are the
most advanced and precise, when it comes to the fight against trafficking in
persons and the protection of the victims. 17
17
Regional report on the implementation of the “ UNICEF Guidelines for protection of the rights of children- victims of
trafficking in Southeast Europe”, Evaluation of the situation in Albania, Kosovo and FYR of Macedonia, Terre des
homes-Child Relief 2010
28
TRAFFICKING IN PERSONS IN MACEDONIA
PROTECTION AND SUPPORT OF VICTIMS OF TRAFFICKING IN PERSONS
The physical, psychological and social consequences that victims are
faced with, which are caused by the abuse and exploitation during the process
of trafficking in persons, impose the need to create and develop programs for
their protection and support.
These sorts of programs exist in Macedonia and they allow the victims
to overcome the trauma and reintegrate back in the family, home and the local
community.
At this moment, in Macedonia, there are two shelters that offer
accommodation to victims of trafficking in persons. One of them is under the
management of the Ministry of Interior, while the other is being run by the
NGO “Open Gate - La Strada”.
The shelter managed by the state (Shelter centre for foreigners) is
intended to receive foreign victims of trafficking in persons and illegal migrants.
Various services, such as medical assistance and protection, legal advice and
representation, psychosocial support, as well as services for safe return and
reintegration are being provided by the International Organization for
Migration (IOM), in cooperation with the local nongovernmental organization
“For happy childhood”. In regards to foreign victims, support is provided until
the end of their temporary stay in the country, when all necessary information,
including the reintegration plan, is sent to the competent authorities in the
native countries of the victims.
As of 2005, the only shelter for Macedonian citizens who are potential
and/or true victims of trafficking in persons has been functioning as part of the
nongovernmental organization “Open Gate- La Strada”. The accommodation is
on a voluntary basis and the potential and/or true victims can stay there up to
one year. Professionals (social workers, psychologists and pedagogues) are
engaged in the work process at the shelter and in the provision of services.
From 2005 until now, 70 potential and/or true victims, all of them citizens of
the Republic of Macedonia, have been accommodated at the shelter and
provided with the following services: Medical assistance - medical
examinations were provided for the victims through visits by general
practitioners or specialists, depending on the needs; Appropriate
psychotherapy (individual or group sessions); Basic and specialized legal
assistance or referral to other legal services; Establishing contact with the
family; Material means to satisfy the basic needs (food, clothing and products
for personal hygiene); Assistance in obtaining personal identification
documents; Contacts with local and foreign nongovernmental organizations for
referral and safe return.
29
TRAFFICKING IN PERSONS IN MACEDONIA
Besides the emotional and psychosocial support, the programs for
reintegration of the NGO “Open gate – La Strada”, also include the following:
inclusion in the educational process; vocational courses; assistance in finding
work; assistance in obtaining appropriate accommodation after leaving the
shelter. The reintegration plan is drafted only if the victim wants additional
assistance and help. If the victim is a child, the plan for reintegration is
compulsory.
Currently, the Government is working on the implementation of the
recommendations given by the international community on the protection of
victims and the creation of a state shelter center intended for victims of
trafficking in persons. According to the projections, this shelter should be ready
by the end of 2010 18.
In regard to the domestic victims of trafficking in persons, in Macedonia,
there is neither a shelter intended exclusively for juvenile victims of trafficking
in persons, nor a special shelter for male victims of trafficking in persons.
In majority of the cases, the referral of the potential and true victims of
trafficking in persons to these shelter centers is done by the Ministry of Interior
(MOI) and the NRM/ CSWs, and a smaller number of victims are referred via
the SOS – emergency telephone line and by local and foreign nongovernmental
organizations.
In accordance with the SOPs, in practice, the identification of victims is
done by the Unit for fighting against trafficking in persons and smuggling of
migrants at the MOI. The same is also valid for the border police, which has an
active role and participation in the identification process at the border crossing
points.
On a local level, the centers for social work and the social workers also
have their own share in the identification process of victims of trafficking in
persons, especially children.
18
The Law on Social Protection ǁĂƐĂĚŽƉƚĞĚŝŶ:ƵŶĞϮϬϬϵ͕ĂŶĚŝƚĐŽŶƚĂŝŶƐĂƉƌŽǀŝƐŝŽŶ;ƌƚŝĐůĞƐϮϲĂŶĚϯϭͿƚŚĂƚĂůůŽǁƐ
for the protection of persons who are victims of trafficking in persons and for the establishment of a state centre for
persons who are victims of trafficking, Article 132.
30
TRAFFICKING IN PERSONS IN MACEDONIA
THE NONGOVERNMENTAL SECTOR IN THE FIGHT AGAINST
TRAFFICKING IN PERSONS
For quite some time now, nongovernmental organizations (NGO) in
Macedonia have been working on the prevention of trafficking in persons. They
are among the first stakeholders that alarmed the public and the authorities
about the existence of trafficking in persons, the emergence of new trends and
the need to protect the victims.
On a national level, the NGO’s are lobbying for better protection and
represent the interests of the victims. Through its membership in the
Secretariat and in the subgroup, the civil sector is actively participating in the
creation of policies for fighting against trafficking in persons in Macedonia and
they contribute to the implementation, adoption and supplementation of the
national legislation and the National Action Plan (NAP). This sector
continuously monitors the implementation of national and international
measures for protection of victims of trafficking in persons and provides
specific recommendations for their improvement.
The activities conducted by the NGO’s are mostly aimed towards the
prevention of trafficking in persons. Namely, the NGO’s conduct preventive and
educational activities in primary and secondary schools and at the universities
on a regular basis (workshops, peer to peer education and forum theaters), in
order to raise the awareness of young people about the problem of trafficking
in persons and to reduce any risks of their possible involvement. Besides
working with young people, who were recognized as the most vulnerable
population, the NGOs are also working on building and developing the
capacities of the professionals (police officers, social workers, professors and
journalists), on how to identify the victims and how to prevent the potentially
vulnerable groups from falling into the trap of trafficking in persons.
The activities of the NGOs in the area of prevention and education also
include the production and distribution of educational and preventive material
for the wider public, the professionals and groups at risk. NGOs are raising
public awareness about the problem of trafficking in persons, by using the
power of printed and electronic media.
31
TRAFFICKING IN PERSONS IN MACEDONIA
Since 2002, in the Republic of Macedonia, there is a national SOS
telephone helpline for assistance in the area of trafficking in persons 19, which
offers the following: basic information on trafficking in persons; information
and advice about the risks related to working abroad; discussion and counsel
from an expert; assistance in the process of repatriation; accommodation in a
shelter; referral to other services and establishing contacts with appropriate
competent institutions.
The vast number of studies and research, conducted by NGOs in relation
to the issue of trafficking in persons, represents the basis for undertaking
appropriate measures and activities at a national level.
The long-lasting experience of NGOs in dealing with the problem of
trafficking in persons, their direct contact with the victims and vulnerable
groups places the NGOs in the group of experts, when it comes to the issue of
trafficking in persons, with appropriate knowledge and capacity to respond to
victims’ needs and to assist them.
Organized crime - trafficking in persons, requires a multidisciplinary
approach, in order to coordinate the activities and to improve the cooperation
both among the NGO sector and also between nongovernmental organizations
and government institutions. Namely, the creation of networks on a national
and international level allows for synchronization of the efforts for prevention
of trafficking in persons.
TRAFFICKING IN PERSONS TRENDS IN MACEDONIA
The continued existence of trafficking in persons, despite all the
measures that are being undertaken, both on a national and international level,
can be attributed to the constant modification of the trends. In this part of the
Guidebook, we shall focus on the factual situation in the area of trafficking in
persons in the Republic of Macedonia and on the current trends.
Trafficking in persons in Macedonia started to ascent during the nineties.
The transitional processes that appeared in the former socialist countries in
Central, Eastern and Southeastern Europe, caused an enormous movement of
the population in search for work and better life, which resulted with the
creation of favorable conditions for the development of trafficking in persons.
During that period, the Balkan region was characterized with political
19
As part of the structure of the NGO – Open Gate- La Strada.
32
TRAFFICKING IN PERSONS IN MACEDONIA
instability, also accompanied by war and post war conflicts, refugee crisis,
increased presence of the international community and foreign peace keeping
missions and forces. All these factors contributed Macedonia to become transit
and destination country for the victims of trafficking in persons.
The slow and painful transition, which Macedonia had with all its
characteristics, such as: corruption, rise of organized crime, high level of
unemployment and poverty and the migration of highly educated individuals 20,
were the main reasons for the creation of fruitful grounds for trafficking in
persons.
Up until 2004, Macedonia was mostly used as a transit country for illegal
crossing of the borders, but also used as a destination country for victims of
trafficking in persons, mainly women from Eastern Europe, who were primarily
trafficked for sexual exploitation. The majority of the victims in the 2000-2004
period were from Moldova, Romania, Ukraine, Bulgaria, Russia and Belarus. For
some of them, Macedonia was the final destination, while the rest of them
were transported via Macedonia, Serbia, Kosovo and Albania into the countries
of Western Europe.
According to IOM 21 statistics, during the 2000-2004 period, there were
778 registered foreign victims of trafficking in persons, out of which 743 were
women. The vast majority of them (681) was trafficked for the purpose of
sexual exploitation and was between 18-25 years of age. During the 2000-2004
period, 26 female Macedonian citizens were assisted as victims of trafficking in
persons.
As of 2004, the number of foreign female victims of trafficking in persons
rapidly decreases (2003-135; 2004-15).
Trafficking in persons is not a static and immobile phenomenon and it is
constantly changing under the influence of various factors. After being only a
transit and destination country, the Republic of Macedonia has now become a
country of origin for victims of trafficking in persons.
According to the last report of the US Department of State – Trafficking
in persons for 2010 22, the Republic of Macedonia is:
20
Typical and common for poor and undeveloped countries
Second annual report on victims of trafficking in Southeastern Europe – 2005,
http://www.iom.hu/PDFs/Second_Annual_RCP_Report.pdf
22
In the US Department of State reports, countries are evaluated in accordance with the TIER classification for their
efforts in dealing with trafficking in persons. The TIER 1 group means that the country meets the minimum prescribed
standards for elimination of trafficking in persons. TIER 2 includes the countries that are being placed on the watch list
and TIER 3 includes the countries that completely fail to meet the minimum required standards, but are working in that
respect or the countries that do not meet the standards at all.
21
33
TRAFFICKING IN PERSONS IN MACEDONIA
„...country of origin, transit and destination for women and children that
are subjected to trafficking in persons, especially for forced prostitution and
forced labor. Macedonian women and children are being trafficked internally,
within the borders of the country. Women and children from Albania, Bulgaria
and Kosovo were forced into prostitution and forced labor in Macedonia in
2009. Macedonian victims and victims who are transiting through Macedonia
are subjected to forced prostitution and forced labor in South, Central and
Western Europe ......“
During the time period from 2005 until 2010, there is an apparent
tendency of internal trafficking in persons occurring in the Republic of
Macedonia, as compared to the transnational and trafficking of juveniles, as
well as a change in the modus operandi of the traffickers 23.
Identification Year
2006
2007
2008
2009
24
2010
Total:
Adults
7
9
0
2
0
18
:ƵǀĞŶŝůĞƐ
16
28
11
6
9
70
Total
23
37
11
8
9
88
*The table illustrates the statistics of the NRM in relation to domestic victims of trafficking in
persons.
The emergence of internal trafficking in persons
“We ended this year (2008) the same as the previous one, with almost
100 percent domestic trafficking of juvenile victims – a statement given by
Violeta Andonovska, National coordinator for the yearly report of the NC for
2009”. 25
This refers to the so-called internal trafficking in persons, where
Macedonian female citizens, mostly juvenile, are trafficked from one end of the
Republic of Macedonia to another, mainly in Western Macedonia.
The majority of the victims come from the less developed parts of the
country, where they are recruited under the excuse of a phony employment in
23
Utilization of new methods and means of entrapment and control over the victims by the traffickers in persons
:ĂŶƵĂƌLJ– October 2010
Report of the National Committee to combat trafficking in persons and illegal migration for 2009.
24
25
34
TRAFFICKING IN PERSONS IN MACEDONIA
the catering industry and are later transferred to the Western parts of
Macedonia, where they are being exploited for sex or work.
In general, there are no differences in the reasons that affect the
emergence of internal or transnational trafficking in persons. The increased
incidence of internal trafficking is a result of poverty and the high level of
unemployment in the country, as well as of the poor socioeconomic conditions.
There were 29 potential and/or true victims accommodated in the
ƐŚĞůƚĞƌŵĂŶĂŐĞĚďLJƚŚĞE'KKƉĞŶ'ĂƚĞ͕ŝŶƚŚĞƚŝŵĞƉĞƌŝŽĚĨƌŽŵ:ĂŶƵĂƌLJϮϬϬϴ
until October 2010. All of them were women, Macedonian citizens who were
internally trafficked, but of various ethnicities. Most of the assisted persons, 26
or 89%, were trafficked in order to be sexually exploited; 13 or 44% of the
sexually exploited also experienced labor exploitation as well. According to the
analysis, out of the total number, 22 persons come from families that were in
poor economic state, 24 persons previously experienced some sort of violence
in the family, which can be considered as one of the main reasons for the
entrapment in trafficking in persons. Most of the victims, 21 of them, have a
very low level of education, i.e. they have not completed elementary
education.
The internal trafficking in persons was invisible for a longer period of
time. The basic reason was the absence of identification of these persons by
the competent authorities. Namely, the police, in the downpour of female
foreign citizens was overly focused on the obvious indicators for identifying the
victims of trafficking in persons, such as: confiscated travel documents, illegal
residence, visible traces of physical violence, restricted freedom of movement
and unfamiliarity with the Macedonian language. These indicators are not
typical for Macedonian or domestic victims and for the internal trafficking.
In addition, the expansion of the European Union and the accession of
Bulgaria and Romania to the EU and the introduction of the non-visa (visa
liberalization) regime influenced and changed the routes of movement of the
victims of trafficking in persons, who, instead to Macedonia, started heading
towards destinations in Western Europe.
The traffickers in persons, faced with the new situation in the region,
turned towards the local market and the internal trafficking in persons, using
the deficiencies in the national strategies and the legislation that covers
trafficking in persons, which, at that period, were primarily focused towards
the suppression of the transnational trafficking in persons.
35
TRAFFICKING IN PERSONS IN MACEDONIA
Trafficking of children
The fact that victims of trafficking in persons are becoming younger and
younger is truly horrifying. According to NRM, during the time period from
2008 until 2010, 26 out of 28 identified victims of trafficking in persons are
juveniles of the 8 to 17 age group.
2009
25% were 19 years old
37% were from 17 to 18 years old
38% were from 14 to 16 years old
2010
43% were17 old
24% were 16 old
11% were 15 old
22% were 13 old
* Table showing the age of the domestic victims of trafficking in persons, according to the statistics of
the NRM for 2009 and 2010 (including the month of October)
Generally, children are an easy target for the traffickers because they
have reduced capacity to recognize and identify risks and to take care of
themselves on their own. They depend on adults and do not fully understand
the consequences from their behavior.
Case 1
Marina (15 years of age) lives with her stepmother and sister, while her
father is away, working abroad. One day, upon proposal by a friend and her
cousin Marina goes to neighboring city to visit some friends. Upon arrival in the
city, Marina and her friend enter a vehicle that belongs to their friends and
head to an alleged party taking place in cottage located outside of the city.
Marina is locked inside a room, physically abused and sexually exploited by
several different men. Several weeks later, she was rescued by the police…
Any sexual exploitation, violence or parental negligence increases their
vulnerability. Furthermore, children who were separated from their families,
unregistered children, children who are outside the education process and
street children are under increased risk of being entrapped in trafficking of
children. Children who are victims of trafficking usually come from poor
families, with a lack of economic and educational possibilities.
The abovementioned factors, combined with gender, race and ethic
discrimination, create the ideal environment for rapid expansion and
functioning of the human traffickers’ network.
36
TRAFFICKING IN PERSONS IN MACEDONIA
Trafficking in persons – types of exploitation
Although the law defines the majority of the forms of exploitation that
are present during the process of trafficking in persons 26, data still shows that
sexual exploitation is the most present form of exploitation in trafficking in
persons. This is especially true for 2010, where according to MOI data, 71% of
the identified victims were trafficked in order to be sexually exploited, while
only 29% were trafficked for labor exploitation.
According to the same source, trafficking in persons for labor
exploitation in the catering industry is present, but mostly in combination with
sexual exploitation. This trend was especially to be noted during 2008, when
58% of the identified victims were trafficked for labor and sexual exploitation.
In 2009 there was a decrease of this trend to 28% and in 2010, this trend is
totally absent.
Although the strategy envisions grater efforts to identify new categories
of trafficking in persons, mentioning the forced labor, street beggary and
forced marriages, there is a very small number of identified cases of the
mentioned forms of exploitation, which is contrary to the indications that the
real number is much bigger.
According to the data from the MOI and NC, although in smaller
numbers, there are also identified cases of trafficked men, for the purpose of
labor exploitation. Namely, in October 2009, the public was alarmed by the
case of the construction workers from the region 27, including workers from
Macedonia (the SERBAZ case) whose labor was exploited in Azerbaijan.
According to the statements given by the workers, the conditions in which they
had to live and work were extremely difficult and accompanied by violence,
threats and restriction of movement. Besides being late with the payment of
the salaries, the employer did not paid the full amount of the agreed salaries
and they were significantly reduced due to the numerous fines imposed by the
employer on the workers, for their actions both during working hours and
during their spare time. The nongovernmental organizations 28 prepared a
report for undertaking appropriate measures and activities in relation to this
case, which was delivered to various national institutions and international
organizations.
26
Article 418-̌, paragraph 1 and Article 418-d, paragraph 1 of the CC.
Bosnia, Serbia and Macedonia.
28
The Case of Labor Exploitation of the Citizens of the Republic of Serbia, the Republic of Bosnia and Herzegovina
and the Republic of Macedonia in the Republic of Azerbaijan - NGO ASTRA – Anti Trafficking Action, Republic of
Serbia, NGO La Strada, Republic of Bosnia and Herzegovina NGO Partnership for Social Development28 – Republic of
Croatia
27
37
TRAFFICKING IN PERSONS IN MACEDONIA
In order to lure their victims, the traffickers of human beings are using
the traditional practice of arranged marriages, which are still present amongst
certain ethnic communities in Macedonia. According to data from the Ministry
of Interior, during 2009, there are 4 identified cases of trafficked persons who
were forced into marriages, while in 2010, the Ministry of Interior reported on
6 persons, potential victims of trafficking in persons, Macedonian female
citizens who were trafficked outside the borders of the country in order to be
forcefully married.
Case 2
Selma is 13 years old and lives with her parents, three brothers and two
sisters. The oldest brother Denis accidentally meets Elvis, who tells him that he
lives in Italy and that he is back because he wants to get married. Denis
introduces Elvis to Selma and just couple of days later, Selma’s parents arrange
the marriage. Together with Elvis, Selma goes to Italy, where he later leaves her
in a house that allegedly belongs to his friends. That is where she finds out that
she has been sold and she is forced together with three other girls (who reside
in the same house) to beg on the streets on a daily basis and to commit small
petty thefts. She must turnover all the money to the boss.
As it is portrayed in this case, parents are arranging marriages for their
juvenile children, not only for the money, but also hoping that their children
will escape the situation of chronic poverty and move to a place where they will
have better life or more possibilities.
The number of children that are begging, reselling and providing various
types of services for other people on the streets throughout our country is
increasing and they are exposed to the highest risk of becoming victims of
trafficking in persons. According to the database of the NRM, in 2007, there
were 13 cases of children that were victims of TP, for beggary, while in
2008/2009/2010 there is no single case of this nature, registered by the MOI
and by NRM.
In recent years, indications emerged about the existence of trafficking in
persons for the purpose of removal of organs. Unfortunately, this information
has not been officially confirmed by the institutions in the Republic of
Macedonia that are in charge of preventing trafficking in persons. In this
context, on many occasions during the past few years, articles were published
in the media by journalists who were investigating the connections and
presence of this phenomenon in Macedonia.
38
TRAFFICKING IN PERSONS IN MACEDONIA
The research in relation to trafficking in persons in order to remove their
organs, which was published in December 2009 in one of the daily newspapers,
states the following: ”Although for more than one decade, patients from
Macedonia have been traveling to India, Pakistan and other countries where
kidney transplants are performed legally, semi-legally or illegally, and even
though our citizens on the Internet and in the local newspapers are offering
their kidneys up for sale, and although official reports state that Macedonia is a
part of the chain of illegal sales of kidneys, in this country, officially at least,
there is no trade in human organs.
Change of the modus operandi
When speaking about the methods and techniques used by the
traffickers to recruit new victims, one can say that besides the standard
methods, traffickers are constantly inventing new and much more ingenious
ways of recruitment. So, lately, the method that is most often used by the
traffickers is the so-called lover method, where generally, it is the lover or the
potential partner who the recruiter or the mediator in the transfer or sale of
the girl from one end of the country to another.
Case 3
Sanja is 16 years of age and Zvonko is 29 and they are in a relationship
and have lived together for some time. Sanja was in love with Zvonko and
believed that the frequent parties and sexual contacts with the so-called
friends of Zvonko for money are only a way for her to demonstrate her loyalty
and love to him. She was neither allowed to go anywhere alone, nor to call her
family, trying to convince herself that he does that because he is jealous…. Until
the day he sold her to an owner of a bar, where she was forced to work as a
waitress, to escort the guests and to provide sexual services…
The traffickers position themselves in a protective manner towards the
victims, sometimes playing the role of a lover, partner or rescuer, creating a
strong emotional connection. Such a relationship, causes an absence of selfidentification by the victim as a victim and later, during the criminal procedure
leads to refusal of the victims to testify against the traffickers or to a display of
an ideal and unrealistic picture that they were working voluntarily and that the
working conditions and the salary were satisfactory etc.
What has become apparent during the past period is the change of the
modus operandi by the traffickers of human beings, which hinders the process
39
TRAFFICKING IN PERSONS IN MACEDONIA
of identification of trafficked persons. Traffickers are using less physical
violence against the victims, freedom of movement is not strictly limited and
additionally, they give the victims some minimum amount of money.
At the same time, trafficking in persons right now operates in a much
more clandestine form, i.e. the locations of exploitation of the victims have
shifted to privately owned apartments, houses, villas or beauty salons; this was
not the case in the past, when the victims were exploited in night clubs and
restaurants.
Case 4
Drita is 16 years old and she is locked in a building apartment, constantly
tied to the bed and her mouth closed with a duct tape. This is how the
traffickers are trying to prevent her from escaping or calling for help and to
prevent the neighbors from discovering what is happening inside the
apartment. Unknown men regularly come to the apartment and they are
sexually abusing her and physically molesting her…
40
THE MEDIA AND TRAFFICKING IN PERSONS
Sashe Dimovski
CHAPTER III
THE MEDIA AND TRAFFICKING IN PERSONS
THE MEDIA IN RAISING THE PUBLIC AWARENESS IN RELATION TO
TRAFFICKING IN PERSONS IN MACEDONIA
The reports of the international organizations that monitor the situation
of the progress in the suppression of the problem of trafficking in persons,
place Macedonia in the group of countries that are dealing with the
suppression of this problem relatively well. The efforts of the country for the
suppression of this problem continue to lead towards the detection and
processing of trafficking in persons cases of all forms, from sexual to labor
exploitation.
In the media reports, one can notice the forms of trafficking women and
children, their sexual or physical exploitation, as well as certain forms of labor
exploitation, which are registered among the illegally smuggled migrants who
are being transported via Macedonia from the East and transferred to
countries of the European Union, as well as cases of possible illegal trade in
human organs.
The interest of the media for these conditions and situations was always
well expressed. That trend of frequent media reports can be especially noticed
after 2000, when efforts were being made to change the criminal legislation
with the introduction of the crime of “trafficking in persons” in its basic form
and all subsequent additions to this incrimination.
The reports related to cases of trafficking in persons occupied a
noteworthy place also in the time period from 2003 until 2005, when several
judgment were made by the courts in several cases in accordance with the new
criminal legislation, which provides for a prison sentence of at least 4 years or
at least 8 years, in the event of trafficking of a juvenile person.
According to media reports, there is also an increase of domestic or
internal trafficking, with almost all victims intended for sexual exploitation.
There were also registered cases of abuse of children who were under the age
of 10.
41
THE MEDIA AND TRAFFICKING IN PERSONS
,,A mother sold her 8 year old daughter to a taxi driver”; “A mother who
paid for a taxi ride to Bitola by offering sexual services by her daughter”; “A
brother raped his sister and offered her to his friends for money”; “Two
brothers from a village in Serbia held as slaves for 20 years in a village near
Kriva Palanka”; these are only some of the headlines in the media, reporting
about cases of trafficking in persons and cases of sexual and labor exploitation
in the Republic of Macedonia.
In the media, one can also find reports in relation to the insufficient
protection of the victims of trafficking in persons, their accommodation, resocialization, security during the court procedure, testimony, and as well as in
relation to the problems that the victims are facing while trying to exercise
their rights to compensation.
Nevertheless, the media devoted insufficient time and space to remind
state institutions about the promised and unfulfilled plans for complete
protection of the victims and their subsequent re-socialization, as well as about
the given guarantees in relation to their safety, because in several cases,
victims under pressure from the surroundings, witnesses or defendants
withdraw their initial statements, after which the cases without their
statements would end up without any sanctions.
But, what are the media doing in the area of informing about the
trafficking in persons and to what extent, they can contribute with their writing
to the process of proper re-socialization of the victims, without causing their
repeated victimization by publishing their stories in public.
In the media, one cannot find sufficient data about any updated
registries of victims of trafficking in persons; which institutions are working
with the victims and assisting them to overcome the traumas; is appropriate
legal and psychosocial assistance being offered to the victims or they are left
on their own and exposed to the contempt and ridicule of their local
community.
Or, the text is often written in a correct manner, but the rest of it (the
headline, the subtitle and the photographs) is inappropriate, insulting, taunting
and causes an opposite effect from the one that was supposed to be achieved
by publishing the text. This is why, one can justifiably ask the question about
the role of the editors in the process of preparation of the texts and their
education about the importance of the information in the cases of trafficking in
persons and what kind of a goal they are trying to achieve by offering the
reader/viewer a verified and timely information, but with wrong illustration,
thus destroying the efforts made by the journalist and causing harm and
damage to the persons involved in the story.
Therefore, we can conclude that media in the Republic of Macedonia are
informing and writing about this subject in a campaign manner and mostly only
in those instances, when there are police operations where victims of
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THE MEDIA AND TRAFFICKING IN PERSONS
trafficking in persons are discovered. Often, there were cases where the
approach was with the intention to cause a sensation and sometimes the
approach was vulgar, cynical and sarcastic. The fact that lately, the media are
abandoning this trend is rather encouraging.
In the media, in the last analyzed period, one can very rarely find reports
or articles about the legal completion of the cases, about imposed sentences or
about the compensation awarded to the victims. On one hand, this can be
attributed to the low interest of the media to fully investigate the topics of
trafficking in persons, but on the other, the passiveness can be attributed to
the absence of an investigative spirit amongst the journalist, which disappears
early during the investigation stage or at the main hearing, due to the exclusion
of the public.
Macedonian journalists were reporting about judicial proceedings in
those cases where victims of trafficking in persons were discovered, but this
interest was present only in the beginning, immediately after the introduction
of the crime – trafficking in persons. As time was passing by, the interest of the
media to follow these court proceedings was decreasing, in spite of the fact
that cases of trafficking in persons were being discovered during this entire
period.
In conditions where still we have a fragile democracy and a court system
that is often attacked as being inefficient and where the media are still trying to
find their place in society, the media often try to become prominent by
publishing and broadcasting information that are going to be easily consumed
by the readers or the viewers, without paying full attention to the
consequences, which can be very serious with such an approach by the media.
This is where mistakes are being made, but if one were to ask if the media in
Macedonia are contributing and to what extent to the reduction of trafficking
in persons, the answer should be that their contribution is significant,
regardless of the noted deficiencies and mistakes in the reporting.
Analyzing the texts published during the last couple of years in the
electronic and printed media, it is noticeable that most often they were just
simply quoting the police bulletins and that there were almost no cases where
the journalists went to the spot, visited the restaurants, the villages or the
cities where the victims have been discovered, and there is no follow up
investigation to find out, how is it possible for a bar, where so-called “illegal
workers” were discovered several times during the year, to be still open and
working.
There are also no inquiries by the media regarding cases where
discovered “dancers” end up only with misdemeanor charges and a ban of
entry in the country for a certain time period. Does the police have sufficient
43
THE MEDIA AND TRAFFICKING IN PERSONS
capacities, in the short time period from the moment of the discovery of the
girls to the moment they are taken in front of the misdemeanor judge on duty,
to detect if there are elements of other crimes, connected to their residence,
status or work engagements?
Due to the strong pressure by the international community to resolve
the problem of trafficking in persons, many domestic and also foreign
journalists published a series of stories about the prostitution and trafficking in
persons in Macedonia.
In this downpour of articles about trafficking in persons, both the media
and the institutions have made a series of mistakes, the consequences of which
would cause repercussions in the years to follow.
The journalist and everyone else working with the victims of trafficking
in persons were faced with the unadjusted legislation, threats, insufficiently
trained teams from the police, prosecution office and the courts, but also with
the uncoordinated work and overlapping of competencies both in the
governmental and nongovernmental sectors.
Series of individual trainings were conducted, among which there were
also trainings for journalists, but the continued absence of coordination lead to
the fact that media were not utilizing journalists who were trained to cover
these events and everything would start all over from the beginning, which
made the work of everyone involved even more complicated.
The mistakes in the coverage by the media, which were treating women
as prostitutes and criminals, had a negative effect on the possibilities for more
serious cooperation with the competent state institutions.
The maxim which says that one team can not accomplish that much in
one year, as the media can destroy in only one minute was only getting deeper,
and therefore the mistakes and mutual allegations were unavoidable.
Sometimes this was rightfully so, but sometimes this was characterized with
excessive and unnecessary caution. Mutual trust is still not fully achieved and
regained.
The media were chasing a sensation, which is understandable from a
journalistic aspect, while the system was helpless in attempting to channel
certain situations that caused damage.
In this entire situation, the feeling is that as if the main role of the media
was not fully understood, since they have not only an informative role but also
a preventive one.
Nevertheless, thanks to the media the institutions were discovering
traffickers of human beings and bars where the girls were forced to provide
sexual services and the media were reporting on the terrifying stories of the
girls, writing about the police officers who were a part of the trafficking in
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THE MEDIA AND TRAFFICKING IN PERSONS
persons structure. In a single word, regardless of whether it was good or bad
reporting, the media were able to raise public awareness about this issue.
I was one of the first journalists who in 2001 made a series of television
editorials, dedicated to trafficking in persons, smuggling of migrants and
prostitution. That is the period when there were neither shelter centers for
accommodating the victims of trafficking in persons, nor a proper legislation
that would regulate this area.
The media were criticized for disclosing the full identity of victims and
witnesses, although at that time, they would just report on what was
happening inside the courtrooms around Macedonia. This was the period
when there was neither a Law on witness protection, nor efforts made by the
courts and prosecution offices to conceal and protect the identity of the
witness and/or the victim.
Anyhow, from a professional and ethical point of view, the media were
faced with a challenge and dilemma, if they should trust only the statements
given by the victims, or also the ones made by the defendants in accordance
with the principle of presumption of innocence, regardless of the general
perception of the public about the “nature and the actions” of the accused
traffickers of human beings.
In the published texts and especially in the headlines or in the previews
on the television, there was absolutely no distinction being made between
illegal migration, prostitution and trafficking in persons. Most often it was here
that all of the confusion would start, causing misunderstandings, wrong
interpretations and broadcasting of stories, showing how unclear is the subject
of trafficking in persons, and only a handful of journalists were interested in
writing and educating themselves on this topic.
:ournalist, as most of the ordinary people had no clue that the stories
“about some prostitutes somewhere” are actually cases of violation of basic
human rights. Regardless of their age, origin, education and past, all of those
girls and women were first and foremost victims. Even in those cases when
they have voluntary consented to work as prostitutes!
The victims who were hurt, frustrated and humiliated are additionally
victimized through irresponsible public disclosure of information, about the
situation in which they were found. Victims are often not even asked if they are
willing for the media to write about them and about their experiences,
especially if the source of the information has an interest the media to write
about this. Of course, one can ask the question, how each of us would react in
case the victim is our relative or friend.
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THE MEDIA AND TRAFFICKING IN PERSONS
For the media, the victims are the most interesting part of the stories on
trafficking in persons, and hence, it is understandable why journalists and
editors want to get a hold of a story by the victim or at least about the victim.
In trying to achieve this, they are paying little attention to the vulnerability and
the defenselessness of these individuals. They are portrayed only as passive
recipients of services, as victims that shall never stop to be victims, even when
they manage to get free from the claws of the traffickers of persons. But the
reality is that these individuals have the strength and need to change their
situation.
Hence the question: how far journalists can go in their inquiries even in
those cases when victims agree to speak about what was happening to them.
In such situations, there is nothing else left for the journalists but to
apply the basic rule and that is to protect the source, especially in those
circumstances where the source can be exposed to additional psychological
and physical torture. Otherwise, any disobedience of this rule can end up
tragically for that person.
But, are mistakes allowed?
:ournalists can make mistakes while reporting and they can harm the
victims, even in those situations when they have the best intention of helping
them.
However, the fact that journalists are not writing or investigating enough
the cases speaks about the other aspects of trafficking in persons, which are
not exclusively related to the criminal and legal aspect.
We have to be aware that trafficking in persons has negative
implications in other areas as well, such as in taxation, health, tourism etc.
If we start following the trace of the money, we should investigate what
traffickers of human beings are doing with the illegally earned money, where
do they invest them and how?
It is more than obvious that they are not paying taxes; hence, one may
ask the question, how much money is the state loosing with the nonpayment of
the taxes? Another question would be whether some investors have backed
down from investing in a certain region, because in that area there were
registered cases of trafficking in persons? One should also investigate the effect
that the problem of trafficking in persons has on tourism. Is anyone willing to
stay in an area with frequent cases of trafficking in persons?
46
THE MEDIA AND TRAFFICKING IN PERSONS
While covering the trafficking in persons situation, journalists must also
investigate what businesses or individuals might be indirectly involved /
connected to the problem of trafficking in persons, but due to business
interests, decide to remain silent and not to report the case? For example:
were the victims of trafficking in persons in certain area using the services of
the local hairdresser or the local beautician, or where did the victims most
often buying their clothes from?
Often, victims of trafficking in persons have poor health or are infected
with sexually transmitted diseases. Local infirmaries are the ones than can and
should alarm about the problem, and journalists should not forget them
because they are an important segment in the process of preservation of the
health in the immediate surroundings where sick individuals who were victims
of trafficking in persons often reside.
This is why the medical or the health aspect of the trafficking in persons
is noteworthy to be investigated by journalists and one can justifiably ask
several questions in this regard. Starting with the question how is the health
and medical sector dealing with this problem? Are they coordinating with other
institutions in the fight against trafficking in persons? Did trafficking in persons
lead to an increased number of sexually transmitted infections? What happens
with pregnant women who are victims of trafficking in persons and their
children?
An important segment that should be covered with the serious media
inquiries in relation to this phenomenon is the educational process. Education
must be present to the highest possible extent so the journalist should also
investigate the following topics: to what extent are schools educating pupils
about the problem of trafficking in persons? Is there a specialized institution
that conducts education in the schools on this topic, and if there is no such
institution, is it necessary to organize lectures to educate students on this
subject?
:ournalists should also investigate the techniques and technologies used
by individuals who are involved in trafficking in persons, including; What kind of
methods of communication the traffickers of human beings are utilizing? What
kind of means of transportation they are using to transport the victims? What
kind of cellular phones and GPS systems are used and other issues related to
the communication and transportation of trafficked persons?
:ournalists should pay equal attention to the aspects of links to politics
or to the behavior of politicians towards the trafficking and the traffickers of
persons, lack of punishment or delays in adopting laws that would regulate this
47
THE MEDIA AND TRAFFICKING IN PERSONS
area, which endangers the principle of rule of law, the work of the judicial
system, the penal policy and the desire and the motivation to fight against this
sort of crime.
If there is no serious approach to all these issues from all the aspects
related to trafficking in persons, we shall continue merely just to speak about
the problems and to wait for the results to appear on their own, out of
nowhere.
It is necessary to include and involve the journalists in all processes and
measures undertaken by the state in dealing with this problem, because the
measures and activities shall have no effects or results in any area, if the public
is not informed and educated accordingly! This is especially true, having in
mind the fact that journalists, with their incomplete and incorrect reporting,
may unintentionally cause such damage to a certain case, where it shall be
extremely difficult to rehabilitate any consequences!
LEGAL FRAMEWORK
PROVISIONS THAT REFER TO JOURNALISTS
The following part is going to provide a short summary of the legal
framework and the documents that regulate and direct the actions and the
behavior of journalists.
The work of journalists or the media in general is regulated with several
acts, starting with the Constitution itself, as the highest legal act, which
guaranties the freedom of expression, transfer and access to information and
prohibits censorship.
Article 16 of the Constitution guaranties the freedom of speech and the
establishment of media, but it also guaranties the right to a correction or denial
if the media published or broadcasted information that was inaccurate or false.
The work of the electronic media is regulated with the Law on
broadcasting, while the printed media are operating under a law that was
adopted almost four decades ago. The work of the electronic media is
monitored and sanctioned by the Broadcasting Council, while there is no such
jurisdiction over the printed media. The penal provisions prescribed in several
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THE MEDIA AND TRAFFICKING IN PERSONS
laws are applicable to them. On the other hand, the personal liability of
journalists is sanctioned in accordance with the provisions of the Criminal Code
of the Republic of Macedonia, which covers the crimes of libel and insult
committed via the press, radio or television.
Equally significant and important for the journalists is the obedience and
respect of the provisions contained in the Journalist Code of Ethics.
When speaking about reporting of cases of trafficking in persons and
about respecting the rights of victims, journalists must take into consideration
the following provisions:
-:ournalists shall publish accurate and verified information, they shall
not conceal essential data, they shall not forge documents and they shall
respect the privacy of the person, except in those cases when that is contrary
to public interest. Any reports on accidents, natural disasters, wars, family
tragedies, diseases and court proceedings shall be free of any sensationalism.
-In regards to judicial proceedings, journalists shall obey the principle of
presumption of innocence and they shall equally report about all concerned
parties involved in the dispute, without making hints about the possible
verdict.
-:ournalists are not permitted to interview or photograph children –
victims of trafficking in persons who are under the age of 16 without the
consent of their parents or guardians, except in those cases, where this is in
accordance with the rights of the child. The same refers to persons with special
needs who are not capable of making their own conscious decisions.
-:ournalist shall not conscientiously fabricate or edit information which
endangers human rights or freedoms; they shall not use hate speech and shall
not encourage violence and discrimination on any grounds (on the grounds of
nationality, religion, race, gender, social origin, language, sexual orientation,
political affiliation etc.).
Can journalists and the media protect their interlocutors and sources
after the story is published or broadcasted or is this supposed to be done by
the system?
In the Macedonian legislation, the protection of witnesses is regulated
with the Law on witness protection from 2005. The protection of witnesses,
collaborators of justice and victims is also regulated in a separate chapter of
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THE MEDIA AND TRAFFICKING IN PERSONS
the Law on Criminal Procedure 29. The Law provides that the prosecutor,
investigative judge or the trial judge can undertake measures for protection if
the witnesses or victims are exposed to any intimidation, treats, retaliation and
other risks towards their lives.
The Law on Classified Information of the Republic of Macedonia is
especially important and journalists must be familiar with it, because they can
and are facing with access to documents that are classified on daily basis and
this can cause a problem, if such documents are published in an inappropriate
manner.
Namely this Law divides classified data in several categories: for internal
use only, confidential, strictly confidential and state secret. The importance of
classified information is a problem for journalists, because their access to
certain information and data is hindered due to the classification, thus the
owners or holders of information refer to this law and refuse to provide such
information and they are not always conducting the comparison test to
determine if the public interest is greater, which in fact, is the intention of the
Law on free access to information of public character. This Law guaranties the
publicity and the transparency in the work of the holders or owners of
information of public character to which all private and legal entities have the
right of access.
The publishing of classified information of highest level of protection strictly confidential or state secret, on one hand may lead to charges of criminal
liability to be filled against the journalists and on the other, it can have a
negative impact on their research because they are not going to be able to
support the findings elaborated in their texts with an appropriate
documentation.
PUBLICITY OF COURT PROCEEDINGS
Are the media aware what are they permitted to publish or broadcast
from these procedures and are they aware of the possible damage they can
cause?
:ournalists may attend the main hearings during the criminal procedures
and they can also attend litigation hearings before first instance courts, as well
29
According to the new Law on Criminal Procedure, from November 2010, this issue is regulated in Articles 226-233.
This law should enter into force in 2012.
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THE MEDIA AND TRAFFICKING IN PERSONS
as the public sessions of the Appellate courts, without the obligation to ask for
a prior permission by the court.
In accordance with Article 303 from the Law on Criminal Procedure
(LCP) 30 the main hearing is open to the public. Article 304 provides that the trial
chamber can ex officio at any given time during the main hearing exclude the
public, but this can ONLY be done after the parties have been heard and if that
is necessary to preserve and protect public order, to protect the moral, the
personal and private life of the defendant, witness or injured party. For any
such exclusion of the public, the trial chamber shall deliver a decision, which
must be PUBLICLY declared and elaborated.
According to Article 310 of the LCP, no television and movie recordings
can be made inside a courtroom. Upon exception, the President of the
Supreme Court can permit such recording of a specific main hearing. If the
media have the need to record and photograph inside a courtroom, they must
request permission from the President of the Supreme Court of the Republic of
Macedonia, who is the only authorized entity to issue such a permission or
authorization. In spite of the permission or authorization by the President of
the Supreme Court, the trial judge is the one, who decides which portions of
the procedure can be recorded or photographed.
If the parties object and refuse to be recorded or photographed, despite
the permission from the Supreme Court, the media workers are not going to be
allowed to record the proceedings. There are certain exceptions from this
provision, in the case of parties who at the time of the trial perform certain
state functions, if they are civil servants, representatives of the local selfgovernment or other public officials, elected or appointed persons. It is not
mandatory to acquire their consent for recording or photographing.
The Trial Chamber proceeding in a specific criminal case may exclude the
public at any given time, i.e. from the very beginning of the session until the
very end. The court can do this ex officio or upon a proposal by the parties. The
exclusion of the public (the journalists) can apply to the entire court process or
only to certain parts, as decided by the Trial Chamber. In all these kinds of
cases the judge must deliver a decision for exclusion of the public, which shall
be publicly declared and the judge must elaborate the reasons for its adoption,
after which the judge shall ask everybody to leave the courtroom, except for
the defendant and the injured party and their legal counsels or authorized
representatives.
The Trial Chamber can permit certain official persons to remain inside
the courtroom, including scientists or other interested parties even when the
rest of the public was excluded, but they shall be warned by the court that
whatever they hear and learn about inside the courtroom has to be kept
30
According to the new LCP, this area is regulated in Articles 353, 354, 355 and 356.
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THE MEDIA AND TRAFFICKING IN PERSONS
secret. Any disclosure of details from inside the courtroom when the trial is
closed to the public is a crime, which is prosecuted ex officio.
If a juvenile stands trial, the proceedings shall always be confidential and
the public is to be excluded. The only present parties inside the courtroom are
the juvenile as a defendant, other defendants or injured parties, the guardian
of the juvenile, his or her legal counsel and a representative from the
institution which is responsible for the guardianship – the Center for social
work. In procedures where juveniles are on trial, the Trial Chamber may also
permit the presence of individuals that are engaged in the education of young
persons, of researchers of juvenile crime and other science workers. The
obligation not to disclose any details from the court proceedings is valid and
applicable to all of them. The media can report on such procedures using
information and data received from the participants in the procedure, but they
are not allowed to reveal the identity of the juvenile under any circumstance or
to disclose information about his or her address, nickname, education, social
status or other information, which can lead to his or her identification.
However, precisely in these types of cases, journalists and judges fail to
reach or find a common language and understanding. Due to the seriousness of
the case, judges often close the procedure for the public from the very
beginning. :ournalists are then left running around the court looking for and
publishing information that may not be fully accurate. This is why it is
necessary to have joint cooperation between the judges, prosecutors, the
police, nongovernmental organizations and journalists. One cannot be really
speaking of the results achieved, unless those results are presented to the
public in an accurate, precise and objective manner.
CRIMINAL–LEGAL LIABILITY OF JOURNALISTS
:ournalist have to make sure that the things they are writing about are
true, accurate, confirmed and corroborated by documents, sources and
statements, because they can be faced with criminal prosecution for crimes
such as Libel, Insult or Disclosure of personal circumstances, which are
sanctioned according to Articles 172, 173, and 174 of the Macedonian Criminal
Code.
These three articles prescribe the liability of journalists as perpetrators
of such crimes via the press, radio and television. The prosecution is
undertaken upon a private or civil lawsuit, filed by the person who believes to
have been defamed or affronted. What makes the court procedure unique with
regards to these criminal acts is that the burden of proof falls on the
defendant. This means that the journalists themselves, if they are being sued
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THE MEDIA AND TRAFFICKING IN PERSONS
for the abovementioned crimes, must prove that what they reported was true
or there were reasonable grounds to believe so. During the criminal procedure
the plaintiff can ask for compensation for diminished reputation, honor or
other type of material or immaterial compensation of damages from the
journalist or the media, which the court shall rule upon together with the
sanction, which can be a fine or pecuniary penalty. However, damages can be
additionally sought after in a civil procedure, and one can also claim for
damages without any previous criminal procedure.
Anyhow, Article 176 of the Criminal Code has a special importance for
the journalists, because this Article prescribes the conditions under which
journalists cannot be punished for the crimes referred in Articles 172-175.
Excerpt from Article 176 of the Criminal Code:
(1) Any person who expresses himself or herself in regards
to another person in an insulting manner via scientific, literary or
art work, in a serious critic, while performing an official duty,
journalism profession, political or other social occupation, in the
defense of the freedom of public expression of thoughts or any
other rights or in the protection of public interest, or if the
circumstances of the action are such as to indicate no presence of
an insult or did not cause any violation of the honor and the
reputation of the person, shall not be punished.
(2) In the cases referred to in paragraph 1, any person
who discloses or claims that another person has committed a
criminal act, which is prosecuted ex officio, shall not be punished,
although there is no final and valid judgment, if he or she is able
to prove that he or she had a legitimate reason to believe the
trustfulness of what he or she was disclosing or claiming.
(3) A person shall not be punished for any disclosure or
claim of personal and family circumstances, committed as
referred to in paragraph 1, if he or she is able to prove the
truthfulness of his or her claims or if he or she proves that he or
she had a legitimate reason to believe the trustfulness of what he
or she was disclosing or claiming...
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THE MEDIA AND TRAFFICKING IN PERSONS
Elena Stojanovska
PROTECTION OF PERSONAL DATA IN MEDIA COVERAGE
When speaking about the right of privacy, viewed in relation with the
right to be informed and also with the freedom of the media, it is very easy to
conclude that these rights are clashing and positioned one opposite the other,
with the main tendency being to establish a balance between them.
On one side is the right to be informed, the interest of the citizens to be
informed, the right of the journalist to inform, while on the other side is the
right of protection of the privacy, the right of personal data protection, the
personal and moral integrity of each individual. The fact that these rights are
positioned on an equal level, points to the necessity of achieving a balance
between them.
The basic features of democracy - the right to be informed, the freedom
of correspondence and the need for transparency – should not eliminate the
need for privacy, the right of unlimited development of one’s personality, the
right of development of one’s own area of privacy and the right of respect of
people’s dignity. This can also be seen in the fact that the Agreement for the
European Constitution awarded a status of autonomy to the right for
protection of personal data, as well as to the right of freedom of the press.
When speaking about the connection between the right to be informed
and the right for personal data protection, it is important to point out that the
Directive 46/95, issued by the European Commission and the Council contains a
special provision that refers specifically to the media and journalists, according
to which, the media and the journalists are “privileged“in relation to the
respect for the principles of personal data protection. 31
With the changes and amendments to the Law on personal data
protection 32, the Directorate envisioned the implementation of a new
paragraph in the provision that refers to professional journalism:
„The provisions of this Law shall not be applied to the processing of
personal data which is done for the needs of professional journalism, only in
31
„Member States provide for certain exceptions or deviations from the provisions that refer to the processing of
personal data, which is done exclusively for journalism purposes or goals of artistic or literary expression, only if those
are necessary in order to observe the right of privacy, in accordance with the rules which govern the freedom of
expression”.
32
Official Gazette of the Republic of Macedonia, number 124 from 20.9.2010.
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THE MEDIA AND TRAFFICKING IN PERSONS
those cases where the public interest prevails over any private interests of the
subjects of that personal data”.
This provides for further specification of the exceptions for application of
the provisions of the Law on personal data protection in conducting the
function of a professional journalist in accordance with the provisions of the
Directive 46/95 of the European Parliament and the Council.
Namely, this legal solution provides greater protection of the privacy of
the holders of personal data, when their data is being processed for the needs
and purposes of professional journalism, for the purpose of adopting and
implementing appropriate documentation in relation to the technical and
organizational measures for providing secrecy and protection of personal data
processing. This allows the provisions of the Law on personal data protection
not to be applied on the processing of personal data performed for the needs
of professional journalism, but only if public interest prevails over the private
interest of the holder of the personal data.
This formulation shows that the “privileged” position of journalists does
not mean that they are not obligated to respect the principles for protection of
personal data, especially having in mind Article 10 of the European Convention
of Human Rights, which regulates the freedom of expression and the
ůŝŵŝƚĂƚŝŽŶƐ ƚŽ ƚŚĂƚ ĨƌĞĞĚŽŵ ĂŶĚ ƚŚĞ ŽĚĞ ĨŽƌ ƚŚĞ :ŽƵƌŶĂůŝƐƚƐ͕ ǁŚĞƌĞ, item 7
clearly states that journalists shall respect the privacy of the individual, except
when that is contrary to public interests. The same provision further provides
that journalists are obliged to show respect for any personal pain and grief. The
idea is to evaluate when does public interest prevail in comparison to the
private interest of the person.
The establishment of equilibrium between the right of privacy and the
right to be informed is genuine skill, especially in a legal system with numerous
exceptions from the Law on personal data protection, which refer to
journalists. The practice of European countries and the domestic one, have
shown that the application of the Law on personal data protection, often leads
to confusion in the interpretation of its provisions - sometimes the
interpretation is too restrictive, where access to data is completely prohibited
in the name of privacy and sometimes the interpretation is too liberal, thus
marginalizing the right to privacy at the expense of public interests.
The experience of the Directorate for personal data protection has
shown that media frequently deviate from the basic principles for protection of
personal data, because they disclose more personal data than really needed to
accomplish the goal, i.e. to meet public interest.
In order to familiarize the media and to establish a practice of fair and
equitable presentation of personal data in the media, in 2008, the Directorate
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THE MEDIA AND TRAFFICKING IN PERSONS
adopted specific recommendations that contain the principles of personal data
protection to be observed during their presentation in the media:
x Fair processing of personal data, i.e. processing in accordance with
the law or with a prior consent obtained from the personal data
holder;
x Evaluation of the importance of the information in relation to the
scope of presentation of personal data and establishing a balance
between the freedom of information and the right to privacy and
protection of personal data;
x Hiding (blurring) people’s faces, vehicle number plates and other
personal data of citizens;
x Mandatory hiding or blurring of the faces and other personal data
of juveniles;
x Reporting by using initials instead of the full names and surnames
of the individuals who are victims of accidents or subject of judicial
or administrative proceedings.
These general recommendations contain basic and special limitations.
The basic concept is the “importance of the information”. :ournalists
must conduct an evaluation, in order to determine whether reporting or
publishing of personal data which is part of the news story is important, i.e.
whether they are going to achieve the goal even without reporting those and
finally, whether such disclosure of personal data is of public interest or not.
Another basic limitation that refers to journalistic activities is the right of
the holder of personal data to disagree with the public disclosure of his or hers
personal data. In instances, when public interest does not prevail over the
disclosure of the identity of a specific individual and if that individual is a part
or is featured in some article or a news story, the journalist has to ask for the
person’s permission before disclosing his or her personal data.
The special limitations refer to the disclosure of the following personal
data:
Sensitive data
According to the Law on personal data protection, not all personal data
enjoy equal protection.
There is a category of special, sensitive personal data, which receives
special protection. This would be any personal data that might reveal the
person’s racial or ethnical origin, political, religious, philosophical or other
convictions and beliefs, membership in syndicate organizations and data that
refers to people’s heath, including genetic data, biometrical data or data
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THE MEDIA AND TRAFFICKING IN PERSONS
related to the person’s sexual life. The concept of “importance of the
information” is especially important in this case.
Any mentioning of sensitive data should be avoided, having in mind that
the Law on personal data protection prohibits the processing of the special
categories of personal data, except in extraordinary circumstances as
prescribed by law.
Protection of the privacy of the home or residence
:ournalists are neither allowed to enter and record inside people’s
homes, nor to record patients inside hospitals or inmates in prisons without
previously obtaining their consent. The consent of the personal data holder is a
principle that must be obeyed and respected. If a patient in a health institution
or a prisoner in a correctional facility does not have complete working capacity,
such a consent must be obtained from their guardians or legal representatives.
Public figures
:ournalists should make a distinction between the public figures “par
excellence”, i.e. persons who perform political functions and the public figures
that are popular, but do not perform a public political function. If the personal
data that refers to public figures that are not public “par excellence” are not
relevant and necessary in order to report certain news and are of no public
interest, than they should not be disclosed. The curiosity of the public should
not be considered as public interest.
Diseased persons
Medical data falls under the category of sensitive personal data, thus any
processing of such is prohibited. Data related to the health of the citizens and
the health of any public figures may not be disclosed. Media can report on
statistical data in cases of epidemics, but without disclosing any personal data
on the infected of deceased persons.
Juvenile persons
Personal data of the juvenile persons may not be disclosed without
proper protection, i.e. hiding their faces, voice distortion and use of initials.
:ƵǀĞŶŝůĞƉĞƌƐŽŶs are persons with limited working capacity and therefore they
cannot determine themselves and agree if their personal information is to be
made public or not. The consent for disclosing personal data of juveniles must
be provided by their parents, guardians or legal representatives, but even when
such consent is provided, one must be aware of any future implications as a
result of disclosure of the personal data of the juvenile.
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Persons who are subject of judicial or administrative proceedings
Any recording and disclosure of data of persons who are subject of
judicial or administrative proceedings is contrary to the Law on personal data
protection, especially having in mind the disregard of the presumption of
innocence principle.
The public interest for investigative actions and the court proceedings is
large and justifiable, but nevertheless, the media are obliged to provide for the
anonymity of the persons who are subject of the ongoing proceedings.
HOW TO PROTECT THE RIGHT OF PRIVACY?
As it was already previously explained, all provisions of the Law on
personal data protection are not applicable to professional journalism, but the
mechanisms for legal protection of personal data established by this Law are
fully applicable also in those cases where the misuse of personal data has been
committed by a medium.
The first mechanism of legal protection is the application for
determination of a violation of the right of personal data protection. The
application is submitted to the Directorate for personal data protection, and
this application can be submitted by:
-
-
A citizen who believes that a medium has abused his or her
personal data by disclosing such personal data without his or her
consent, or
An association of citizens on behalf of a member who believes
that a medium has abused his or her personal data by disclosing
such personal data without his or her consent.
In accordance with the provisions of the Law on personal data
protection, the Directorate for personal data protection has no jurisdiction to
instigate a procedure for determining a violation of the right of protection of
personal data on its own initiative or ex officio.
In those cases when the Directorate notices irregularities in the media
disclosure of personal data, the Directorate reacts by sending a notification to
the media.
The second mechanism of legal protection is the initiative for
conducting an inspection supervision, which can be raised by a citizen, state
authority body or a legal entity. After such an initiative has been raised,
extraordinary inspection supervision at the medium is to be conducted.
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According to the latest novelties in the Law on personal data protection
from the 20th of September 2010, every medium is obliged to submit
documentation in relation to the technical and organizational measures for
providing the secrecy and protection of personal data, where special emphasis
should be attributed to the segments that refer to the storage and protection
of any recorded materials and the archives of the media.
59
60
PRACTICAL PART
Sashe Dimovski
CHAPTER IV
PRACTICAL PART
DELUSIONS AND FACTS
WHAT IS TRAFFICKING IN PERSONS?
- Why is it that mistakes are often being made when reporting on cases
of trafficking in persons, smuggling of migrants and mediation in prostitution?
Is this all alike?
The media are not making an adequate distinction of the various legal
classifications of the crimes they report on, hence, quite often in the same
material, as synonyms, they use both trafficking in persons and prostitution,
although, in fact, those are two different crimes, and the same is equally valid
for the terms victims or prostitutes.
The description of the crime is completely different, as well as the
prescribed sentences, and therefore journalists are advised, when they use
legal terms to describe the cases of trafficking in persons, to use them in a
correct manner, without playing any word games, regardless of how
stereotypical, too legal or too professional that might sound.
WHO CAN BE INVOLVED IN TRAFFICKING OF PERSONS?
-Anyone who might fall easily for the tempting job offers abroad.
-Only the ones that are sufficiently naïve to believe in life like in paradise,
as they are being promised.
-Nobody can be involved by force and deceived; those are just media
stories!
-Are we suppose to judge the victims saying that all of that is their own
fault, that they should have thought better before taking the offer and leaving?
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PRACTICAL PART
These are questions and comments which may often be heard in public,
when talking about trafficking in persons.
:ournalist cannot start working on a story with prejudices. Their goal is
to inform the reader/viewer that each and every person can be a victim of
trafficking in persons and that the exclusivity of this problem is not
“somewhere far away”, but that this problem is much closer, here among us.
The victims should not be judged, even in those cases when you are
relatively certain that by some specific actions, such as fatuity, recklessness,
naivety, lack of information and desperate needs, they have also contributed in
finding themselves in such situations. Because, regardless of the desire to
illegally migrate or work on the black market, nobody deserves to be treated as
a slave and to be exposed to labor and sexual exploitation against his or her
will.
WHY DO JOURNALISTS WRITE ON THIS SUBJECT?
- Because the story is easily acceptable for the audience and can easily be
placed on the cover pages.
- Not a lot of effort is needed to get to such a story, because all you need
is a good statement by the victim.
- The individuals involved are not reacting to the story because they are
scared that they might be revealed and because they don’t want the media
reporting on them anymore.
- The victims that go through some sort of a legal procedure at that given
period do not have the time to follow everything that media are reporting on.
- Or, maybe journalists are writing on this subject because they support
the principle of the rule of law and are trying to divert the attention of the
public to this problem?
From the above mentioned one can conclude that these types of stories
can be easily sold; not a lot of efforts are needed to research them; there is no
great danger that you are going to be faced with fines or repudiations, because
the individuals that you are writing about are hurting during that period, so
that it would be difficult to believe that they might gather enough courage and
strength to confront and argue with the media.
However, whatever the circumstances might be, and regardless of the
situation, journalists are not supposed to perceive this only as a good story. A
true professional journalist should be at least a bit concerned and worried and
the main motivation for publishing such an article should be focused on
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PRACTICAL PART
alarming the public and turning the attention or raising the level of the
collective awareness about this issue.
POSSIBLE TRAPS
WHAT ARE THE MOST COMMON MISTAKES THAT JOURNALISTS MAKE?
- They are disclosing the complete identity of the victim.
- They are disclosing data about the victim, which can easily be used to
identify him or her (where does the victim live, job position, social status).
- Photographs are being published.
- Statements of witnesses given during the investigation are being
published, although that can disrupt the process of a fair and equitable trial.
All this data inevitably makes the story of the journalist much more
powerful, popular to read and much more impressionable. But if the story is
published with the complete identity of the victim, her photograph, place of
residence, social status, place of work and occupation or other distinctive
information in relation to her status, this can cause additional damage to the
victim, it can lead to re-victimization, and also it can place the victim in serious
danger in regard to personal safety.
Therefore, the above listed information must always be taken into
consideration, when dealing with these types of stories.
HOW TO INVESTIGATE A STORY OF TRAFFICKING IN PERSONS MAKING
MINIMUM MISTAKES?
- The journalist must always be thoroughly prepared about the subject
(This procedure is extremely important. One can never be sure that he or she
knows everything. For a good story in the papers, on the radio or television or
web edition, browse the Internet, search for additional local information,
educate and inform yourselves. This is the only way how to prepare and have
good chances of attaining your established plan).
- The journalist must define what he or she knows and what he or she
needs to find out (after the journalist prepares, he or she must make a plan of
what information he or she knows or is available from the desk, what needs to
be investigated out in the field and what additionally needs to be explored in
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PRACTICAL PART
the institutions. After the selection of all information, you shall know if you have
a story or not, in that concrete case!)
- Consult with your colleagues who have already worked on these types
of cases or review their stories (consultation is an important segment of the
work process, so one should not be ashamed to ask the colleagues for an
advice).
- Detect where others have made mistakes, in order not to repeat the
same mistakes. Carefully read the stories written by your colleagues and detect
their weaknesses, since that is going to be to your advantage.
WHO CAN BE A SOURCE OF INFORMATION?
-Define a list of sources and investigate who else knows about the
subject of trafficking in persons, about that particular case, who can talk to you,
who can be an official source, whom you can use as an ammoniums source and
is there a need for such a source?
-You must always have a valid and logical explanation for the use of any
specific source.
When using a source, always have in mind that maybe the person who
speaks to you, who is briefing you and informing you maybe has an agenda of
his or her own and that he or she might be using you to share his or her ideas
and goals with a much larger audience.
You should always try to stay outside of somebody else’s schemes. That
is why you are not supposed to just sit and wait your source to tell you
“everything”! Ask him or her, interrupt them, try to provoke him or her in order
to shift the story that the source has planned on telling you. Try and talk to as
many people as possible, who are knowledgeable in the criminal-legal events
that are surrounding the trafficking in persons in which you are interested and
try to confirm the story from several side sources, if you are not able to
completely trust your main source.
Your sources can be: verbal, written, or by means of personal inspection
in the field, research etc.
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PRACTICAL PART
HOW CAN YOU FIND SOURCES THAT WOULD HELP YOU IN THE
INVESTIGATION OF A STORY OF TRAFFICKING IN PERSONS?
- Try to build your own network of sources, associates - reporters on the
subject you want to explore, and try to remember who are the older associates
who can be relevant interlocutors/sources for this subject? From time to time
contact the sources you once had, because you can never know when, from
whom and what you can find out as relevant information or an idea for a new
story.
- Follow the path of the money. This is an extremely important source.
Especially if you exploring trafficking in persons pay close attention of the
property of the trafficker, is he or she involved in another business which can
serve only as a front or cover? One source should always lead you to another.
-Always ask the source that you are using to provide you with documents
that will support his or her claims, or to refer you to the relevant documents and
the location where you can find them.
- Written documents often match with what was verbally stated and this
can hold back you research, but never give up easily from one or from the other
source, written and verbal.
One of the mistakes that journalists make is the insufficient use of
written documents as a source of information and data. Documents should be
used to the maximum extent possible and journalists should utilize the
opportunity provided by the Law on free access to public information, in order
to obtain as much written materials as possible.
Always have in mind that you can find information that can be of great
assistance on the Internet, in books and publications, scientific and expert
articles, foreign newspapers, statistical data and documents from international
organizations that cooperate with the national or local authorities. Although at
first glance these can seem as boring and dry information, never be so sure that
among them you are not going to find the “genuine pearl” of information.
HOW TO USE VERBAL STATEMENTS /SOURCES?
- You should be careful with the verbal sources, but at the same time,
you must be critical of them. Ask them about their motives and why is it that
they want to talk to you. If you are not able to validate and confirm any portion
of what you heard, back down from that part. If you decide to publish it after
all, regardless of the reasons, emphasize that you are referring to data that you
were not able to confirm.
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PRACTICAL PART
- Protect your sources, regardless of who they are. Always make a clear
distinction of what you can quote and what you can use without quoting and
even without mentioning the source. Especially protect your “weak” sources
that cannot protect themselves (those that are ill or those that are not aware
what kind of consequences might follow as a result of their appearance in
public).
- Do not allow the “strong” sources to manipulate you. Do not accept
blackmail, such as that they shall give you unofficial information if you give up
from the information that you requested officially. Warn them that you are
going to publish the story regardless of their point of view.
- Try using attributes, so as to pinpoint the source who can guarantee the
authenticity of the story as precise as possible (highly ranked government
official, police official or a source from the investigation).
- Bear in mind that when you are investigating cases of trafficking in
persons, organized crime and corruption, there might be some powerful and
often corrupted sources who might consider your investigation as a threat for
themselves and for their position.
- Any gathering of information from sources to whom you are going to
falsely present yourselves (or if you are not going to disclose your real identity)
or gathering information in a covert manner is not permitted. An exception can
be made only in those cases where you have extremely important information,
the disclosure of which might be useful for all or can prevent any wrongdoing.
In all other cases, any manipulation or false representation will cause you to
lose credibility with your interlocutors – sources, but also with your colleagues
and the public.
- Be careful when receiving and passing information, because you can
never be certain who might manipulate you and for what purpose. Information
is a powerful tool, so do not allow anyone to manipulate it through you. A
rather ordinary example from a police briefing can give a clear picture that even
the people whom you consider to be your friends can manipulate you. This is
how three journalists acted, while being present at the same event, i.e. a
regular police briefing:
Example 1:
The first journalist simply copies the police bulletin which was provided
at the briefing, and afterwards the journalist or the editor just adds a title:
“Another arrest of prostitutes”. The page is filled and everyone is pleased
with the result, so they all go to have a drink!
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PRACTICAL PART
Example 2:
After the police briefing the second journalist goes for a drink with his
source from the police, a close friend of his, who then provides his own story
adding his own details that the others do not know, about the same event or
story that was covered during the briefing, including his personal battle with
his colleagues. The “juicy stuff” gets published in the paper, the journalist is
happy that he has such “good” sources inside the police and quite satisfied he
goes out for a drink with his colleagues, without even thinking about the
consequences and damage that his text might have caused, because he was
abuse by his friend, in order to send certain messages and present
questionable information.
Example 3:
After the police briefing, the third journalist goes out in the field,
investigates, asks around, interviews people, gets intimidated, individuals are
demanding the story not to be published. Anyhow, the work is done and the
story is published and praised, the journalist keeps getting invitations, but
not for a drink! However, he is certain that the headache at the end of the
day is not from having too many drinks but as a result of the hard and
excruciating professional work!
WHOM CAN YOU TRUST?
- Can you trust only the official source, the police, the public prosecutor’s
office, the court or you should also put some faith into the statements given by
the victim, the defendant, nongovernmental organizations and the
eyewitnesses of the specific event?
OR
- You should not fully trust anyone, until you personally investigate the story
and until you are not convinced that you have sufficient information in order to
disclose your research in public.
:ournalists, in principle, should be skeptical about any information which
they receive, especially when it comes to criminal cases, corruptive affairs and
misuse. It is more than obvious that in such cases, everyone wants to
manipulate the media, trying to present himself or herself in the best possible
light. This is why the maxim “do not trust – investigate” should be in the very
core of the journalistic profession.
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PRACTICAL PART
Not only in cases of trafficking in persons, but for any information that
you are planning to publish/broadcast to your readers/viewers, you need to
investigate! This is the only way in which you are going to protect yourselves
and your source, as well as the individuals to whom the information refers to.
The presumption of innocence is the most important part of the
journalistic profession. Always be careful when passing information and never
judge people’s guilt. The fact that criminal charges were filed against a person,
or there is an investigation or an indictment act has been raised, does not
mean that the person is guilty, unless established by the court.
It is true that no single judgment of conviction or acquittal can produce
the same effect, as the one provoked by the media when reporting on the case
for the first time. It is sufficient for a certain person to be displayed with a full
identity as he or she is being escorted in handcuffs to the court, with a
comment that he or she is the guilty one, for the public to be completely
convinced that he or she really is. After this, any verdict by the court is
redundant, although the person might be acquitted. The judgment of the
public, which is based on what is written in the media, is stronger than any
other court decision. None of us individually can convince the citizens that the
person is not guilty, because they already saw on television or read in the
newspapers that the person was arrested and charged for a specific crime!
BE CAREFUL WHAT YOU ARE SAYING AND IN FRONT OF WHOM YOU
ARE SAYING IT
- Do not be paranoid, but never play the hero of the day, if you are not
absolutely certain in front of whom you are disclosing details.
- Do not tell even your colleagues what are you going to be working on
and where you are going to investigate. Do that only after you have published
the story.
- Do not talk to the taxi driver who is driving you, with the local police or
with any other persons, who might have further influence on your research or
investigation, because you can never be certain who are the people who
collaborate with each other and what kind of functions do individuals have in
the potential criminal circle.
- Have a partner – investigator who knows what you are doing and who
can help.
Have these advices always on your mind if you decide to conduct a
serious research or an inquiry about trafficking in persons. Do not forget that
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PRACTICAL PART
we are discussing serious types of crimes with a lot of money at stake, so any
attempt to destroy the dirty business shall not leave the traffickers in persons
disinterested and doing nothing.
Conspiracy during the processing of these stories is more than needed.
The rule not to speak about the information you discovered before they are
published is crucial and can make the difference between helping and assisting
the victim, exposure and prevention of trafficking or destroying the
opportunity to do something about the issue. Therefore, be fully discrete and
rely exclusively on the services and the assistance of a colleague, who is going
to be your partner in the research and inquiry and who will know what you are
doing.
WHO WANTS THE STORY TO BE PUBLISHED, AND WHO DOES NOT?
- Have you considered all possible risks?
- Would your colleagues, the police, political or other types of centers of
power, want such a story to be published?
At a first glance, this might be a thesis for which you can say that there is
no need of such a fear in Macedonia. On the contrary, many cases in practice
have shown that many individuals are involved in the process of trafficking in
persons, including members of the police or other types of local and state
officials, without whose assistance and protection, this sort of illegal and
criminal operations would sometimes not have been possible.
This should encourage you to think about the people who would like the
story not to be published. That someone can even be your colleague, editor,
source from the police with whom maybe you cooperate, various centers of
political, business or criminal power, to which the publication of such a story
might be harmful and damaging.
Be aware that with this type of research you are taking a risk upon
yourself, but never give up if you have confirmed and verified information at
your disposal, because you have a much more powerful weapon in your hands
– the media.
This is why you should always emphasize any dangers that you have
been faced with during your research and if you get any threats, immediately
inform the public and the competent police authorities. Anyone can try to stop
you, but you must elevate the problem to a higher level and inform the public,
i.e. the audience that you work for, thus sending a clear message to anyone
making such threats that you have no intention of silently indulging their
threats. This is the only type of an approach that can help you eliminate any
potential threats.
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PRACTICAL PART
HOW TO CONDUCT AN INTERVIEW WITH A VICTIM?
-It is irrelevant whether you have five minutes or an entire day to conduct
the interview. Always explore the subject that was given or assigned to you,
browse the Internet, try to learn more details about the person that you would
like to talk to, read the court files, if any, and always prepare well! Only then,
you can be convinced that you are going to conduct a good interview.
-Try to obtain the trust of the person that you are interviewing, do not be
aggressive, and explain to him or her that you are strictly professionally
interested in what they have to say and that there is no personal motivation of
any kind.
-Never promise victims something that you are certain that you are not
going to fulfill (gifts, assistance during the trial, help from third parties that you
might know).
-During the interview with a victim of trafficking in persons, carefully
select your questions, in order not to find yourselves in a situation where the
victim sees you as her/his tormentor, who is not asking questions but only
accuses. Avoid any questions that might invade the privacy of the interlocutor.
-Ask short, clear and concise questions, do not provoke and do not use
questions, such as: How many partners did you have in total? How many in a
single night? What were the clients asking for?
-Maybe you are going to get answers to such questions, but do not
forget that by doing so, you are reopening the wounds that have not healed yet
and are still painful, thus re-victimizing the victim!
-It is very important to know where to conduct the interview, because
that can be very important for the interlocutor. Provide for a pleasant
atmosphere and a safe place and choose a location where you are not going to
be interrupted.
-If the victim is a juvenile, a parent or a guardian must be present during
the interview.
Turning media into tabloids: THE ETERNAL TRINITY OF THE THREE “S”SEX, SPORT, SCANDALS
The continuous debates that are being held in relation to the ethics of the
media and journalists and the manner of reporting, the manner of publishing
photographs are colliding with the popular TRIPLE “S”, which is becoming
popular and deeply embedded in Macedonia as well. Sex, sport and scandals
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PRACTICAL PART
are the eternal topics that sell newspapers or make the ratings of television
shows. The question is whether, journalists are supposed to follow the tastes
and demands of the audience, or they should be the ones who are going to
define and provide the taste of the readers and viewers, and most probably, this
question shall remain a subject of debates and contradictory opinions and views
for a long period of time.
Anyhow, regardless of the increasingly emphasized tabloid nature of the
electronic and printed media, basic journalism principles must be obeyed and
one should know which kind of information can be disclosed and through
which of the media. The presence of tabloid nature should not be allowed to
contaminate all areas of reporting. That is something permitted when reporting
about the music scene, public figures, sports and to a certain extent about
politics. When it comes to everything else, the principles of professionalism,
ethics and adherence to the basic reporting postulates, but also the respect
and protection of the integrity of the individuals must always be at the very
top of the priority list.
ASK YOURSELVES THE RIGHT QUESTIONS IN ORDER TO MAKE THE
CORRECT ETHICAL DECISIONS
-What do I know and what else do I need to know?
-What is my goal as a journalist?
-What are my ethical principles?
-What sort of an organizational policy and professional directions should
be taken into consideration?
-How can I engage other people, with other viewpoints and ideas during
the decision making process?
-Can I and should I pay for the story? Should I be paying for an interview
with the victim?
-Do I have people that are close to me and working as professionals in
this area, in the police, the courts, the NGO’s, whom I can harm?
-How many and what are the people who can be negatively affected by
my article? Are they mainly among the victims and their families?
Under pressure from globalization and the creation of media
conglomerates, one must intensify the question of ethics among journalists,
because now they have become a part of a very lucrative business which has
very little to do with ethics and individual principles and convictions.
Any illustrations and editorial add-ons to texts can also present a
problem, since this is not done by the journalists, but it can play a significant
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PRACTICAL PART
role in the incorrect presentation of the affairs with the selection of an
inappropriate headline, photograph or technical supplements.
The editors on the other hand, find themselves in between the
journalists and the owners of the media and quite expectedly they work in the
best interest of the owners and profit, at the same time unjustifiably violating
the standards of journalism.
COMMERCIAL OVER PUBLIC INTEREST
Do you have any private reasons to be researching and writing on this
topic?
If the answer to this question is that you can make some money on the
side or get some other benefits for yourself or others, than it would be best if
you immediately gave up from any further writing or investigating.
Never allow private, commercial interests to prevail over the public
interest, which as media and journalists you are obliged to cherish and support!
Always pay attention to the following:
- The principle of presumption of innocence
This part is actually the most troublesome during any type of reporting,
regardless if one speaks about trafficking in persons or any other police and
judicial procedure. :ournalists often violate this principle due to the manner of
their reporting, because they are not paying sufficient attention and are
jumping to conclusions with regards to people’s guilt.
One must pay extreme attention when reporting on police arrests,
investigations and trials, because presumption of innocence is a fundamental
human right, guaranteed by all the national and international instruments and
its violation can lead to serious legal consequences and quite often, any
damage cause in this manner, cannot be compensated even in a case of an
acquittal.
- The danger of disclosing the identity of a protected or an endangered
witness and to place yourselves in danger to be criminally prosecuted
The amendments of the legislation in the Republic of Macedonia
regulate this area very strictly, so for disclosing the identity of a protected or an
endangered witness, you are facing a prison sentence of at least 4 years!
:ournalists in the capacity of reporters or investigators are not exempt from
this ban, so any frequent presence inside the courtrooms and reporting on this
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PRACTICAL PART
sort of cases should be an adequate alarm to be extra careful, because
journalists can easily endanger the safety of protected witnesses and expose
themselves to criminal liability.
- The danger of jeopardizing the investigation, endangering the
individuals that are working on a certain case, but also placing yourselves in
danger
Explore carefully and be cautious while disclosing information. The need
to be the first one and exclusive, does not allow for any mistakes, whose
consequences later are extremely difficult to remove. When reporting on
trafficking in persons, but also for any other judicial proceedings one should
use the terms suspect or defendant very cautiously, since nobody is allowed to
assume or suggest a person’s guilt.
Cooperate with the investigative judge 33 and ask him or her for the basic
information that you can disclose, such as: description of the crime, how many
individuals have criminal charges been filled against, has an investigation been
opened, is there pre-trial detention and in what form. This information should
be always available as a foundation for your story of subsequent research. If
you uphold the principle of verified information, the quality of the information
is guaranteed. These sorts of information are extremely sensitive in cases of
internal trafficking in persons, where the community immediately identifies
and stigmatizes the victims. This is why, journalists should be extremely careful
when deciding whether and how to publish the information available on that
topic.
WHAT HAPPENS AFTER THE STORY HAS BEEN PUBLISHED?
Is the work of the journalist over with the publication of the story, or it
continues by reporting on the case during the judicial phase, about the
sentences and the outcome of the case, investigating additional information on
similar cases?
This is a very serious question to be asked by each journalist, each desk
and each medium, especially if the story can have personal consequences for
certain individuals mentioned in the research or consequences in certain social
areas.
No subject or topic in which a serious amount of efforts were previously
invested should end with a publication of a single story. On should also follow
up the effects that efforts made by journalists can have to society.
33
According to the new Law on Criminal Procedure - with the public prosecutor.
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PRACTICAL PART
And, most important, you must never quit after the first story and forget
the people that made the story possible. This is especially important when
researching cases of trafficking in persons or other forms of vulnerable
categories of citizens that are being explored or written about.
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CASE ANALYSIS
CASE ANALYSIS
APPROXIMATELY HUNDRED GIRLS WORKING ILLEGALLY IN AND AROUND
GOSTIVAR
<< This year, the police conducted 17 operations in commercial premises,
restaurants and bars, discovering 96 females who were working illegally. Out of
them, 61 were foreign citizens, while the rest (35) were from Macedonia. Most
of the girls were from Albania, Serbia and Bulgaria, but there were also girls
from the eastern part of the country. According to statistics, the majority of the
girls were between 18 and 45 years of age. Three of the girls were juveniles. The
competent authorities are undertaking measures to establish their possible
involvement in prostitution or trafficking in persons. >>
COMMENT: this is one of the analyzed texts, where the journalist
merely just copied the police information and statistics presented during the
briefing, without showing any interest for further elaboration of the subject
and writing an investigative reporting style article. The news presented in 10
lines represents a foundation for instigating a lot of questions in relation to
possible stories about trafficking in persons, which has not been done in this
specific case. The journalist was only a transmitter.
This would have been an appropriate story, only if the journalist had
further continued to research and analyze the data that was presented, which
has not been done.
POLICE OFFICER - A PIMP OF JUVENILES
<< Ilco Stojanov (32) employed in the Ministry of Interior established a
group, which kidnapped two girls from Eastern Macedonia and then forced
them into prostitution in and around the area of Gostivar.
A police officer working in one of the specialized units of the Ministry of
Interior, organized a group, consisting of seven members and a couple of days
ago this group abducted two juvenile girls from Eastern Macedonia and for four
days, forced them to provide sexual services in and around the city of Gostivar.
The case was discovered only after one of the girls managed to contact
her father and tell him what has happened. After the telephone conversation
with the daughter, the group contacted the father asking for 20,000 Euros to
release the underage girl.
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CASE ANALYSIS
The Ministry of Interior, yesterday informed that the seven person group
was formed by Ilco Stojanov, employed in the specialized unit for security of
diplomatic and consular residences and embassies. The group’s plan was to
kidnap girls, who would be then forced to provide sexual services to various
clients, whereby the group would charge them several thousand Macedonian
Denars for the services provided.
For committing the crimes of – trafficking of a juvenile person and
organizing a criminal group and encouragement to commit the crimes of:
trafficking in persons, trafficking of a juvenile and smuggling of migrants, the
police filled criminal charges against Ilco Stojanov (32) from Veles, employed in
the MOI since 2002; Albert Sadiki (26) from Koper – Republic of Slovenia; Jance
Stoleski (24) from Gostivar; Blagojce Vucevski (33) from Veles, K.E. (33); B.V.(31)
and T.G.(22) all from Gostivar.
The investigative judge ordered for all defendants to remain in pre-trial
detention. >>
COMMENT: This is an example of an article with a series of mistakes
and violations in the area of presumption of innocence and selectivity which
the journalist are prohibited from doing.
Starting with the headline, referring to the police information, the
journalist discloses the full identity of the arrested individual, his working
position and place of residence. The journalist also reports on the origin of
the girls as well as on other features that can easily lead to their
identification.
The next mistake by the journalist is the selectivity in the disclosure of
the identities of the suspects. For some of them, their full identity was
disclosed, whereas only initials for the others. What is the difference
between the suspects and why did the journalist decide to disclose the names
and surnames of some, but only the initials of others.
PRE-TRIAL DETENTION FOR THE INDIVIDUALS ARRESTED IN THE POLICE
OPERATION “ALBATROSS”
<< An investigative judge from the Skopje court ordered the measure of pre-trial
detention in duration of thirty days for 14 suspects, who were arrested on
Monday as part of an international network for trafficking in persons and
smuggling of migrants. The international group was smuggling migrants from
Albania via Macedonia into Greece. The arrested individuals are charged with
smuggling of migrants, organizing a criminal group for trafficking in persons
and trafficking of a juvenile. The individuals were detained as a result of the
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CASE ANALYSIS
police operation with a code name Albatross, where special investigative
measures were used and the suspects were under surveillance during the past
six months. During that period, the criminal group, on 50 occasions, illegally
transported 120 migrants, charging them for the services an amount from 2000
to 2500 Euros per person. The arrests began in the village of Veleshta near
Struga, where the brother and nephew of Dilaver Bojku, Bashkim (40) and
Besford (19) Bojku were arrested, as well as Fljamur Dauti and Agron Kaba,
whose alias is also Enver Ljuti. Besides the individuals arrested in the village of
Veleshta, other people got arrested as follows: K.N. and I.A. from Struga, Z.SH.
and I.M. from Kicevo, A.P. from Bitola, P.Z., P.B. and V.M. from Skopje, D.V.
from Ohrid and A.G. from Gevgelija. Following their arrest, the police conducted
a search of their residences and one commercial business, which lead to the
seizure of additional evidence – money, weapons and narcotic drugs. Besides
the 14 individuals which are now in custody, the police is still searching for
another five individuals who are part of the group, but they are still at large. >>
COMMENT: One more example of a text where the right of
presumption of innocence is not respected. Some of the arrested individuals
are mentioned with their full identity, while providing only the initials for the
others. Additionally, the text mentions that one of the arrested individuals is
the brother of D.B., which is an information that is absolutely unnecessary in
this sort of text, unless there are some indications that the brother was also
involved in the crime, and according to the text, which relies exclusively on
police information, no relevant connection has been established between the
arrested person and his brother.
A JUVENILE GIRL FROM PRILEP - VICTIM OF TRAFFICKING IN PERSONS
<< A 16 year old girl from Prilep, for several months this year was
involved in a trafficking in persons ring. The girl, i.e. the victim of this organized
crime, was fortunately rescued by the police and in cooperation with the Centre
for social work, she was successively re-integrated into normal life, to the
delight of her parents – as confirmed by the Centre.
But this is not the only case. In the course of last year there were three
cases, where the victims of trafficking in persons were juvenile girls. According
to our sources from the Centre - the organizers of this business firstly employ
the juveniles to work as waitresses in the restaurants in Prilep and afterwards
are taking them to Bitola, Skopje and Gostivar. The juveniles are being abused
to the maximum for a very insignificant sum of money, while the so-called
bosses are making profits. This and also the emergence of an increased number
of pedophile cases, domestic violence and sexual abuse cases of juvenile
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CASE ANALYSIS
individuals in the past period, according to the competent authorities, represent
a matter for serious concern. The majority of the victims are juveniles and the
youngest is only 12 years old. In order to increase the protection of juveniles,
the nongovernmental Center for civil initiatives in Prilep is conducting a project
for education of pupils, which is going to cover three pilot schools in urban and
rural areas. Starting from the next school year, this type of education shall be
presented also during the regular school activities. The pupils who are already
involved in this project claim that they are now able to recognize the individuals
involved in this type of organized crime.
“We can recognize them by their behavior. This sort of people is not
always pleasant. That is very dangerous and that is why we should be able to
recognize the traffickers if they offer us some sort of employment”.
Seven cases of trafficking in persons were recorded last year on the territory of
the entire country. Representatives from the Ministry are saying that the
National mechanism for referral of victims of trafficking in persons, is working
extremely hard in order to suppress this illegal business. So far, 30 victims of
trafficking in persons were re-socialized by awarding them some kind of
financial assistance. They are opening their own private businesses and some of
the girls are now working as hairdressers, they own flower shops or fast food
outlets. >>
COMMENT: This is an example of a good journalistic reporting from a
local level, in this specific case, from the city of Prilep. Reports like this might
have a large effect even without mentioning the initials of the victim, and
without any information about her family or national characteristics or
anything else that might lead to her identification. In this manner, the
journalist tried to alarm the public about the problem, without harming any
of the vulnerable groups to which the story refers to.
WHERE DO JUVENILES DISAPPEAR?
(The following text was part of a radio report)
<< The disappearance of two juvenile girls and boys from the Kumanovo
area, raised the issue of a possible trafficking in persons. In Macedonia, the
night bars, business or employment agencies and the brothels are the most
common locations where the victims of trafficking in persons are being
discovered. According to the data, the most frequent victims of this crime are
young girls between 14 and 24 years of age, who come from families with low
standard of living and from rural areas.
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CASE ANALYSIS
Two juvenile girls missing, uncertainty about the whereabouts of the
boys from the area Kumanovo, dilemma surrounding the faith and destiny of
Angela, a new group of Afghanistan citizens apprehended while transiting
towards Greece, juveniles forced to prostitute in the Tetovo-Gostivar region, in
the same bars there are hidden girls also from Bulgaria, Moldova and Romania.
In this mix of bifurcated forms of trafficking in persons, various mafia type of
organized smugglers and mentors are operating in one of the most dangerous
and new types of organized crime.
“Smuggling of human beings implies business, which, first and foremost,
demands a high level of organization in its execution, secrecy and an
international element” – according to Dusko Stojanovski, criminologist.
,,The Ministry of Interior deals with and treats the problem of trafficking in
persons extremely seriously and what is even more important, by providing
appropriate treatment for the victims” – as explained by Mr.Ivo Kotevski. The
MOI spokesperson pinpoints the positive reports by the US Department of State
about the Macedonian fight against trafficking in persons and the termination
of the well-known Balkan transit channels. The night bars, business and
employment agencies and the brothels are the most common locations, where
the victims of trafficking in persons are being discovered.
,,Most often we are talking about sexual services. When we discovered the case
in Cicino Selo, where a 14 year old girl was abused, we immediately informed
and involved the Organization for Security and Cooperation in Europe (OSCE).
Unfortunately, the institutions are still not undertaking sufficient measures” –
says Ljatife Shishkovska, President of “Umbrella”, an association which deals
specifically with this issue.
„These crimes are interesting and can not be completely eradicated. It
exists and that is a fact and it shall continue to exist”- as assesed by
Mr.Stojanovski.
Along with Strasho Angeleski from the Helsinki Committee, he claims
that the best possible prevention is to spread information at the local level in
the community about the methods and the socioeconomic reasons that precede
this new mafia style business.
,,The entire drama of trafficking in persons, which might be a domestic
one, and the same, de facto, is to be noticed in our country, is a drama taking
place on a local level, which means that it is conducted by local actors.
Unfortunately, there is almost no synchronization on a local level” – stated
Angeleski.
,, We consider that with better education, the Centers for social work
would be able to identify victims, potential victims, and also for the experts in
the schools to identify and refer the potential victims” – advises Jasmina
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CASE ANALYSIS
Dimishkovska – Rajkovska, from the NGO “Open Gate”, which recently won an
award from the Austrian “Erste” for a research conducted in the area of
trafficking in persons. >>
COMMENT: This is an example of an investigative radio reporting,
where various sources were used, individuals that are working in the
respective area were consulted and the event was explored and covered from
several aspects. Nevertheless, we are talking about a report which was
broadcasted on one of the services in Macedonian language for one of the
world’s leading radio stations, where the professional criteria for objective
and analytical reporting are extremely strict and this can serve as a good
example of a correct approach, which can be used by journalists in local
media.
Contrary to these examples, a series of articles were published in the
Macedonian media about two cases involving juvenile girls in Stip, where the
media caused irreparable damage.
In the first case, the full identity of the juveniles was disclosed and as a
result, during the course of the trial, several days before she was supposed to
testify, one of the girls committed suicide. The second girl was a victim in a
traffic accident.
In the second case of mediation in prostitution of juveniles, the media
disclosed the address where the juveniles lived, and the mother of one of the
juveniles told the entire story to the media. Although an attempt was made for
the mother to be shown from the back, thus protecting her identity and
without showing her face, in such a small environment, through the parent, it
was more than easy for the victim to be identified by the members of the
community. The interest of the public in these cases cannot be an excuse for
the mistakes made by the media!
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MOST COMMONLY USED TERMINOLOGY
MOST COMMONLY USED TERMINOLOGY
Forced labor – According to the ILO Convention on forced labor number
29 (1930) the term “forced or compulsory labor” shall mean all work or service
which is exacted from any person under the menace of any penalty and for
which the said person has not offered himself voluntarily.
Slavery – According to Article 1 of the UN Convention on slavery (1926),
slavery is the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised.
Smuggling – According to the UN Protocol against the smuggling of
migrants by land, sea and air, supplementing the UN Convention against
transnational organized crime (2000), the term “Smuggling of migrants” shall
mean the procurement, in order to obtain, directly or indirectly, a financial or
other material benefit, of the illegal entry of a person into a State Party of
which the person is not a national or a permanent residents.
Illegal Migration – According to the International Organization for
Migration (IOM), the term illegal migration refers to the most common forms
of unregulated migration, and especially to illegal entry, residence and
unauthorized work and it is defined as migration that takes place outside the
norms and procedures established by States to manage the orderly flow of
migrants into, through, and out of their territories.
Victim of crime - according to the UN Declaration from 1985 and the
basic principles of justice for victims of crime, the term “ victim” shall mean a
person who, individually or collectively, has suffered harm, including physical or
mental injury, emotional suffering, economic loss or substantial impairment of
their fundamental rights, through acts or omissions that are in violation of
criminal laws operative within Member States, including those laws proscribing
criminal abuse of power.
Victim of trafficking in persons – the individuals who are identified as
victims of trafficking in persons in accordance with Article 3 from the UN
Protocol or with the national legislation to combat against trafficking in persons
and persons who are legally identified by the competent authorities as victims
of trafficking in persons.
Assumed or potential victim – individuals that can be assumed to be
victims of trafficking in persons (they fulfill the criteria of the UN Protocol for
trafficking in persons), but are not formally identified as such by the competent
authorities.
Protection and assistance – measures, programs and services that have
the goal to rehabilitate the victims in accordance with Article 6 of the UN
Palermo Protocol. These measures can be offered and provided by
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MOST COMMONLY USED TERMINOLOGY
nongovernmental, governmental and international organizations in the
countries of destination, transit and origin. These measures may include – but
are not limited to – accommodation, medical protection, physiological
assistance, education, vocational training, employment, legal assistance and
transport.
Reintegration – the reintegration of victims is focused on the reunion
with their family or the community or their reintegration in a new community.
Except the actual act of return, this also includes the integration of the victim in
a social environment and should represent a long-term social and economical
solution.
Return - process of returning of an individual to his or her country
and/or community of origin. In the context of the activities for fighting against
trafficking in persons, the return does not solely refer to the physical
transportation of the victim, but also it includes the mechanisms which provide
safe and dignified return.
Shelters and accommodation – rooms and premises which provide for
temporary accommodation of the victims. The shelters can be of an open or
closed type and can offer short-term and long-term accommodation.
Witness protection – any security measures that are needed to provide
for the safety and security of the victims during legal procedures. The
protection of the witnesses can be offered prior, in the course of and/or after
the completion of the criminal procedures and can include one or more
measures.
Defense counsel – an attorney, an individual that should contribute to
the protection of the rights and interests of the defendant during the criminal
procedure.
Culpability – a necessary condition for the existence of criminal liability
of the perpetrators of the crime and a compulsory condition in order to be able
to pronounce a sentence for the perpetrators of the criminal act.
Suspect – an individual against whom a preliminary procedure is being
conducted.
Defendant – an individual against whom there is a verified indictment,
submitted proposal for indictment, submitted proposal for the application of a
security measure, submitted private lawsuit or a submitted proposal for issuing
a penal warrant.
Convicted – any individual found criminally responsible for a specific
crime with a final and enforceable judgment.
Victim of a crime – any individual who suffered some kind of damage,
including physical or mental injury, emotional suffering, material loss or other
injury or endangerment of his or her rights and interests as a consequence of a
committed crime.
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MOST COMMONLY USED TERMINOLOGY
Injured party – besides the victim, also any other individual who’s
personal or property right is violated or endangered by the crime and
participates in the criminal procedure by joining the criminal prosecution or by
filing a claim for damages.
Plaintiff – the public prosecutor and the private plaintiff.
Grounds for suspicion – any information, which, on the basis of criminal
knowledge and experience, may be considered as evidence for a committed
crime.
Grounded suspicion – a higher degree of suspicion based upon any
gathered evidence, which leads to a conclusion that a certain individual
committed a crime.
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USEFUL CONTACTS AND LINKS
USEFUL CONTACTS AND LINKS
NATIONAL NONGOVERNMENTAL ORGANIZATIONS
Open Gate – La Strada Macedonia www. lastrada.org.mk
SOS line 080011111;
+389 2 2700-107;
For happy childhood
++389 3096427
++3892 3118143
Semper http://www.semper.org.mk/
Red Cross http://www.ckrm.org.mk/
Centre for civil initiative http://www.cgimk.org.mk/
Women’s Association of Macedonia http://www.sozm.org.mk/
STATE INSTITUTIONS
National Committee www.nacionalnakomisija.gov.mk
National Referral Mechanism for victims of trafficking in persons
(NRM)
++ 38923106443 http://www.mtsp.gov.mk/
Sector for trafficking in persons and smuggling of migrants (Ministry of
Interior)
++389 2 3116280: ++389 2 3142201
INTERNATIONAL ORGANIZATIONS
ʽ^ʫ http://www.osce.org/
Secretariat - Office of the Special Representative and Co-coordinator
for Combating Trafficking in Human Beings
ICMPD http://www.icmpd.org
IOM http://www.iom.int
UNICEF http://www.unicef.org/
UN Office on Drugs and Crime - Global Program against Trafficking in
Human
Beings http: //www.unodc.org
Global Initiative to Fight Human Trafficking (UN.GIFT).
http://www.ungift.org
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USEFUL CONTACTS AND LINKS
FOREIGN NONGOVERNMENTAL ORGANIZATIONS AND NETWORKS
ASTRA – Serbia h p://www.astra.org.rs/
PVPT – Kosovo h p://www.pvptcenter.net/
La Strada Interna onal h p://lastradainterna onal.org/
An -Slavery h p://www.an slavery.org
GAATW h p://www.gaatw.org/
KOK h p://www.kok-potsdam.de
Тerre des hommes h p://www.terredeshommes.org/
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