UNMIK/PR/470
Trafficking and exploitation of human beings in Kosovo has become a crime punishable by two to 20 years of imprisonment.
The UNMIK regulation “On the Prohibition of Trafficking in Persons in Kosovo” (UNMIK/REG/2001/4) was signed by outgoing SRSG Bernard Kouchner before his departure Saturday.
The regulation defines ‘trafficking in persons’ to mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat, coercion, abduction, fraud, deception, abuse of power, or the giving or receiving of payments or benefits—“for the purpose of exploitation.”
The consent of the victim will be considered irrelevant if any of those means were used against a victim of trafficking
Exploitation can refer to sexual prostitution, forced labour, slavery, servitude or the removal of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation will also be considered as ‘trafficking.’ And when the victim is under 18, the maximum penalty for the person engaging in trafficking will be up to 15 years of imprisonment.
Any person who engages or attempts to engage in trafficking in persons shall be liable to a penalty of two to 12 years’ imprisonment. Anyone who organizes a group of people for the purpose of trafficking or exploitation can receive a prison sentence of between five to 20 years. Someone who through “negligence” facilitates trafficking can also be liable to a penalty of from six months to five years imprisonment.
The regulation also forbids the act of intentionally withholding identification documents—now a criminal act with a penalty of six months to five years’ imprisonment.
Also, any person knowingly procuring sexual services from a victim of trafficking can receive from three months to five years in prison. If the victim is a minor, the prison term for the offender can be as long as 10 years.
The regulation makes it possible for law enforcement agencies to close establishments where police suspect trafficking is occurring.
The regulation also stipulates several measures to protect and assist victims of trafficking.
Court proceedings, for example, will be held in a manner that protects the identity and character of the victims of trafficking.
The regulation also calls for the appointment of a Victim Assistance Coordinator who will help implementation of the regulation and provide assistance to the victims by means such as interpreting services, free legal counsel, temporary safe housing, psychological and social welfare assistance. These services will be funded primarily by donor contributions.
It also states that a victim of trafficking cannot be deported on the basis of a conviction for prostitution, or illegal entry into Kosovo. Victims who wish not to return to their country of residence or citizenship can appeal to the appropriate authority, which may then grant the victim residence in Kosovo or other appropriate assistance.
Finally the regulation states that no part of it will be used to affect the protection afforded to refugees and asylum seekers.