Report UN with criticism: Kosovo recommended to pronounce appropriate penalties for trafficking with human beings

US State Department (DASH) published the annual report on human trafficking worldwide.

During his publication, US Secretary of State Antony Blinken said the document offers the most comprehensive assessment about the phenomenon, as well as government efforts to fight it.

He added that by measuring the progress noted in 188 countries including the United States, Washington is aimed at implementing American President Joe Bidenm's commitment to prevent trafficking, prosecute the perpetrators of this crime, as well as protecting his victims.

Secretary Blinken said some 27 million individuals worldwide are used for jobs, services and commercial sex. Through force, fraud and obligation, they are forced to work in fields and factories, in restaurants and residences. Victims are the most vulnerable individuals in the world taking advantage of their plight.

The report divides countries to three levels. The first level includes countries whose governments fully respect the minimum standards.

At the second level, those countries whose efforts do not fully meet the minimum standards, but governments make considerable efforts to achieve that.

The third level introduces countries whose efforts do not fully meet the minimum standards and governments do not strive in this direction.

Both Albania and Kosovo rank this year, as well as last year, in the second-level category.

Kosovo

The Kosovo government reportedly demonstrated increased overall efforts compared to the previous period. They included the condemnation of all traffickers to prison, where it was appropriate, and the failure of any punishment only by fine.

The government reportedly stepped up general prevention efforts, including increased funds for awareness campaigns and distribution of manuals to prevent child trafficking.

But, the report found that, however, the government did not meet minimum standards in some key areas.

The government investigated and prosecuted fewer suspects and identified fewer victims. Even though judges delivered stronger sentences, the sentences, however, were under the minimum sentence envisioned by the Anti-trafficking Law”, the report said.

The report also states with concern that the Kosovo Criminal Code classifies the forced begging of children from their parents as neglect, or parental abuse rather than trafficking, making it difficult to identify this work, as well as the reference of potential victims to proper services.

References

The report recommends the investigation and violent prosecution of trafficking crimes, as well as providing adequate measures of punishment for traffickers, including officials co-operating with them.

Proactive identification of trafficking victims is likewise required by controlling trafficking indicators among sensitive populations, including individuals involved in commercial sex; children; Roma communities, Ashkali and Egyptian.

The report suggests providing advanced training for judges, prosecutors and order forces on investigation and prosecution of trafficking cases.

Similarly, strengthening measures to preserve the victim's privacy requires that their information not be distributed.

The report also suggests increased government support for the general professional training services, as well as reintegration of victims.

Situation in Albania

As for Albania, the UN report reportedly has witnessed increased overall efforts compared to a year ago.

Efforts included investigating sex traffickers, identifying a larger number of potential victims in co-operation with nongovernmental organisations, and providing services for more victims.

But, the report adds, however, the Government did not meet the minimum standards in some key areas.
The government clearly investigated less trafficking-related crimes, prosecuted less suspects, and condemned no traffickers for the second year in a row, said the report.

Similarly, it is claimed that police and district prosecutors do not have the experience and specialisation needed to investigate and prosecute cases of trafficking and that the alleged perpetrators have been convicted of smaller crimes, such as “exploitation of prostitution”, instead of trafficking.

The report says that the government has not consistently controlled that part of the community that could potentially be the victim of traffic such as immigrants, asylum seekers, Roma and Egyptian communities, as well as children.

Criminal Investigation

Part of the Albanian Government's efforts to combat trafficking reportedly have marked a decline.

The Penal Code envisioned sentences of eight to 15 years in prison for the criminal act of trafficking involving an adult victim and 10 to 20 years, when the victim is a child.

The report says that State Police investigated 26 cases, compared to 85 cases in 2022.

The prosecutor general's office prosecuted eight new cases (seven for sexual trafficking and one for an indefinite form of trafficking), compared to 17 new cases in 2022. He also continued to prosecute 42 cases initiated in previous years. Separately, the Special Prosecutor's structure against Corruption and Organised Crime (SPAK) launched a new investigation (two in 2022) and continued prosecution of two cases initiated in reported periods.

But the report states that courts did not condemn any traffickers for the second consecutive year, compared to 11 sentences in 2021.

In past years, judges sentenced some traffickers to soft sentences, such as conditional punishment, which reduced efforts to keep traffickers responsible, weakened preventative mechanisms and created concerns about security in victims.

The report reportedly did not announce any new investigation, prosecution, or condemnation of government employees collaborators in human trafficking crimes, adding that corruption and officials' co-operation in trafficking crimes continue to be a concern.

The report recommends vigorously investigating and prosecuting trafficking crimes as well as punishing traffickers, including collaborative officials.

Similarly, considerable prison sentences are required for the authors and training of judges at all levels to take into account the rigors of trafficking during serving sentences.
There are also required police and prosecutors specialising to investigate and prosecute these criminal acts.

As reported over the past five years, human traffickers exploit domestic and foreign victims in Albania, as well as abroad.

Traffickers exploit Albanian women and children for sex and forced labour, especially during the tourist season.

They use false promises, such as offers of marriage or employment, to seduce their victims.

Traffickers usually force children to beg, or to perform other types of forced labor, and also force children to commit criminal acts, including theft and distribution of narcotics. Traffickers exploit Albanian children, mainly from the Roma and Egyptian communities, for seasonal work and forced begging. Nongovernmental organisations have announced that traffickers force children to sell narcotics mainly at schools. Traffickers exploit Albanian victims for sexual purposes across Europe, especially in Belgium, Greece, Serbia, Montenegro, Kosovo and France. /rel