Dr. Andrea Freilich Franciscans International Human Trafficing In International Human Rights Law: Current Issues and Challenges Child trafficking in the Balkans is mostly likely to occur in children younger than twelve (for begging, theft, and other street crimes) and older than 15 (for commercial sexual exploitation). Cultural taboos generally prevent the trafficking of young boys for sexual exploitation, however, some cases have been noted among Romanian children trafficked abroad. Susceptible to trafficking are children with disabilities and children belonging to specific ethnic minorities, such as the Jevgjit in Albania and the Romani people in other parts of the region. A UNICEF report conducted in 2006, noted that children meeting these criteria were not generally the victims of outside traffickers, but members of their own community, who sought to generate an income from their sale abroad. This report also highlighted five common characteristics of children at risk for trafficking in the Balkans. These included: • • • • •
children who suffer domestic violence children who lack family support and protection (ex. children living in institutions) children who have dropped out of school children belonging to ethnic minorities (ex. Roma) children who have been previously trafficked
Although anti-trafficking campaigns over the past few years have become more effective in countering some forms of trafficking, data collection and management has continued to be a problem for countries in the Balkans (southeastern Europe). Data collection is an important tool for monitoring country and regional trends and its analysis is often used to shape anti-trafficking policies. It is important to collect data on both the victims and their traffickers and information on investigation and prosecution rates are often utilized when assessing a country's performance. Some of the data collection problems identified in this region are: • the percentage of crimes committed versus those identified, investigated, and prosecuted is not well understood • cooperation is needed by a wide variety of actors and reported statistics need to be standardized across organizations and agencies • a lack of trust between NGOs and the government may prohibit the open sharing of information, especially if NGOs feel that sharing information about their clients will put either the victim or the organization at risk • there may be linguistic, cultural, and inter-personal barriers that lead victims to underreport occurrences • some incidences of trafficking are investigated as smuggling, prostitution, etc., which keeps them from being captured in databases • incidents investigated as trafficking may continue to remain classified as such, even if they are reclassified as a lesser charge To address these issues, the International Centre for Migration Policy Development, in cooperation with national governments and NGOs, has begun the process of forming a standardized approach to data collection and reporting all over Europe. While there are a multitude of factors that limit the ability of NGOs to respond to trafficking, such as lack of funding, extensive mandates, and lack of government support, NGOs play a critical
supporting role for victims. Most NGOs, which emerged during the 1990s, initially struggled to hold their ground against increasingly predatory traffickers. While their success varies from country to country, NGOs are often credited with stepping in and taking initiative where governments have failed. Victims are often more likely to trust NGOs because "many trafficked persons fear and distrust state-based organizations as they frequently enter destination countries illegally, or have had their documentation removed on arrival." Fear of deportation, being forced to testify, or retaliation by their traffickers also contribute to their reluctance to approach statutory agencies for support. NGOs have risen to fill this gap and provide services to victims. Services they offer include: • • • •
legal, social, and psychological counseling and reintegration support education and awareness about the risks of trafficking informational and statistical support and research lobbying for victims rights
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