U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) INL Justice Macedonia Trafficking in Persons/ Smuggling of Migrants Global Trends Mark L. Lasser, INL Director/ Senior Justice Advisor October

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) 2 Trafficking Crime Similar Definition among countries Based on Palermo Protocol Recruitment Means Exploitation

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) 3 Smuggling of Migrants Procurement of illegal entry into another country For financial or material benefit Smuggled person consents to smuggling (UN Protocol against Smuggling of Migrants)

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) 4 Migrant Facts (MK) According to MOI, average daily influx of migrants to MK this past week was 6200 MOI estimates 351,000 migrants have entered MK since July (registered appr.155,000) Per IOM, more than 537,000 migrants/ refugees have crossed into Greece this year Hungary’s decision to close border with Croatia Migrants now have 72 hours to pass through MK

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) 5 Exploitation Defined Exploitation is typically defined as “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. Typical cases -- Sexual services, labor, organs, warfare, begging, slavery

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Confusion about TIP Exploitation of prostitution Smuggling of migrants Even if not guilty of TIP, can be guilty of other crimes – assault, rape, false imprisonment, etc. Supreme Court should publish TIP decisions to provide guidance to lower courts – wide confusion re. elements 6

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) The Issue of Consent Consent is irrelevant and not valid if the victim is a minor (under 18 years old). Consent is irrelevant and not valid if it is obtained through any of the methods listed in the original definition of trafficking – i.e., threats or the use of force or other forms of coercion, abduction, fraud, deception, 7

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Palermo Trafficking Protocol The international agreement defining trafficking in persons is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, commonly known as the Palermo Protocol. The Palermo Protocol establishes the three-step definition of trafficking and has been incorporated into the law of Macedonia. The Palermo Protocol entered into force in 2003 and has been signed by 117 countries, including Macedonia. 8

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) What are the purposes of the Palermo Protocol? Defines the crime of TIP Prohibits the trafficking of children for purposes of commercial sexual exploitation of children (CSEC), exploitative labour practices or the removal of body parts. Ensures that definitions of trafficking reflect the need for special safeguards and care for children, including appropriate legal protection. 9

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) What are the purposes of the Palermo Protocol? Ensures that trafficked persons are not punished for any offences related to TIP -- prostitution and immigration violations. Ensures that victims of trafficking are protected from deportation Provides for proportional criminal penalties Provides for the confiscation of proceeds of trafficking Obligates ratifying states to introduce national trafficking legislation. 10

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Common problems trafficking cases Witness or victim intimidation Re-victimization Failure to adequately investigate and prosecute case -- evidence Failure to understand TIP elements Corruption Lack of political will 11

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Protecting Victims and Witnesses Why protect victims and witnesses? Traffickers often threaten witnesses/ victims or their families Problem of re-victimization Necessity of psychological counseling Necessity of witness relocation plans 12

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Protecting Victims and Witnesses Witness protection methods: Physical separation Protect identity of victim/ witness Have closed trials or trials in camera when possible Distance testimony Witness Relocation Programs 13

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Evidence Collection Should gather more evidence than just victim allegations Medical evidence, financial statements, etc. Need to gather evidence in multiple jurisdictions – letters rogatory Send evidence requests directly to the foreign judicial authorities, Interpol, etc. 14

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Advice for Attorneys 15 Appeal trafficking convictions where all trafficking elements have not been met Appeal decisions where victims of trafficking are convicted of trafficking or immigration offenses Attorneys should proactively represent trafficking victims Refrain from questions that violate dignity of victims

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Advice for victim advocates Proactively represent trafficking victims and inform them of their rights Object to improper or indiscrete questioning of trafficking victims 16

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Macedonian Law TIP (CC Art. 418-a) Smuggling of Migrants (CC 418-b) 17

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Key differences between smuggling of migrants v. TIP Consent – smuggled migrants usually consent to being smuggled; TIP victims have not consented or consent is meaningless Transnationality – smuggling involves illegal border crossing/ entry into another country; TIP does not necessarily involve border crossing 18

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL) Key differences between smuggling of migrants v. TIP Exploitation – relationship between smuggler and migrant is commerical transaction that ends after border crossing Trafficker/ victim relationship involves ongoing exploitation of victim to generate profit for the traffickers 19