    http://web.amnesty.org/library/Index/ENGEUR700102004?open&of=ENG-373 
    
    Amnesty International - Library - Kosovo (Serbia and Montenegro): "So does 
it mean that we have the rights?" Protecting the human rights of women and 
girls trafficked for forced prostitution in Kosovo 
    
    6 May 2004 
    
    Kosovo (Serbia and Montenegro)"So does it mean that we have the rights?" 
Protecting the human rights of women and girls trafficked for forced 
prostitution in Kosovo 
    
    Introduction 
    
    "A friend introduced me to a woman in Chiinu, she offered me a job abroad 
and said she would prepare a passport for me, for free. I asked if the job was 
sex related and she promised that it was not."(1) "I was beaten and I was 
forced to have sexual intercourse... if we were not willing, they just beat us 
and raped us."(2) 
    "Even in cold weather I had to wear thin dresses ... I was forced by the 
boss to serve international soldiers and police officers ... I have never had 
a chance of running away and leaving that miserable life, because I was 
observed every moment by a woman."(3) 
    Trafficking of women for forced prostitution is an abuse of human rights, 
not least the right to physical and mental integrity. It violates the rights 
of women and girls to liberty and security of person, and may even violate 
their right to life. It exposes women and girls to a series of human rights 
abuses at the hands of traffickers, and of those who buy their services. It 
also renders them vulnerable to violations by governments which fail to 
protect the human rights of trafficked women.(4) 
    Amnesty International considers the trafficking of women for the purposes 
of forced prostitution to be a widespread and systematic violation of the 
human rights of women.(5) 
    Since the deployment in July 1999 of an international peacekeeping force 
(KFOR) and the establishment of the United Nations Interim Administration 
Mission in Kosovo (UNMIK) civilian administration, Kosovo(6) has become a 
major destination country for women and girls trafficked into forced 
prostitution. Women are trafficked into Kosovo predominantly from Moldova, 
Bulgaria and Ukraine, the majority of them via Serbia. At the same time, 
increasing numbers of local women and girls are being internally trafficked, 
and trafficked out of Kosovo. 
    Less than three months after the deployment of international forces and 
police officers to Kosovo, 
    trafficking had been identified as a problem by the Organization for 
Security and Cooperation in Europe (OSCE); and by January 2000, UNMIK's Gender 
Advisor had acknowledged, but not yet acted on, the problem. (7) Despite 
subsequent measures taken by UNMIK and others to combat trafficking, by July 
2003 there were over 200 bars, restaurants, clubs and cafes in Kosovo where 
trafficked women were believed to be working in forced prostitution.(8) 
    Although some women are abducted or coerced, many start their journeys 
from their home countries voluntarily, believing that the work they are 
offered - usually in western Europe - will enable them to break out of poverty 
or escape violence or abuse. Often, as soon as their journey begins, so does 
the systematic abuse of their rights, in a strategy that reduces them to 
dependency on their trafficker, and later their "owner". As their journey 
continues, the realization grows that the work they have been offered is not 
what was promised; their documents are taken away from them; they may be 
beaten; they will - almost certainly if they start to protest - be raped. 
    When they reach Kosovo, they are beaten and they are raped - by clients, 
by "owners" and by other staff. Many are virtually imprisoned, locked into an 
apartment or room or a cellar. Some become slaves, working in bars and cafes 
during the day and locked into a room servicing 10 to 15 clients a night by 
the man they refer to as their "owner". Some find that their wages - the 
reason they were willing to leave their homes - are never paid, but are 
withheld to pay off their "debt", to pay arbitrary fines, or to pay for food 
and accommodation. If they are sick, they may be denied access to health care. 
They have no legal status and are denied their basic rights. Some of them are 
girls as young as 12 years old. 
    Even if they escape their traffickers or are "rescued" by the police, some 
women suffer human rights violations by officials. Some are arrested and 
imprisoned for prostitution or immigration offences, without being afforded 
the basic rights of detainees. Those recognized as victims of trafficking are 
denied rights to reparation and redress, and few receive appropriate 
protection, support and services. Some find that they have little or no 
protection from their traffickers if they testify in court. Throughout the 
process, women face discrimination on the basis of their gender, ethnic origin 
and/or their perceived occupation. Research 
    Amnesty International has conducted research into the human rights abuses 
experienced by women trafficked into Kosovo since early 2000. Interviews were 
conducted with a wide range of international and local staff employed by 
UNMIK, including UNMIK police and the Kosovo Police Service (KPS); the OSCE; 
the International Organization for Migration (IOM); officers and staff of 
Ministries within the Provisional Institutions of Self-Government (PISG); 
members of international and local non-governmental organizations (NGOs), in 
particular the Centre for the Protection of Women and Children (CPWC) (9) and 
the Centre to Protect Victims and to Prevent Trafficking of Human Beings in 
Kosovo (CPVPT)(10) and an NGO providing shelter for minors which wishes to 
remain anonymous; international prosecutors, members of the local judiciary in 
Kosovo and members of NGOs working in source countries with trafficked women. 
    Amnesty International also conducted interviews with women who identified 
themselves as being trafficked.(11) In order to protect the rights of 
trafficked women, Amnesty International has throughout the report observed the 
confidentiality requested by those women, or by organizations working with 
trafficked women; no citations have been given that could assist in their identification. 
    The illegal, organized and clandestine nature of trafficking, along with 
the silencing of trafficked women through coercion, violence and fear, make it 
impossible to accurately estimate the full extent of the trafficking industry 
in Kosovo. 
    
    What is trafficking? 
    
    "It's something to do with cars, isn't it?" trafficked girl, interviewed 
by an NGO in Kosovo. 
    The gravity of the crime of trafficking is reflected in the fact that, in 
some circumstances, it may constitute a crime against humanity or a war crime. 
Trafficking in persons, in particular women and children, that amounts to 
enslavement has been included among the most serious crimes of international 
concern in the Rome Statute of the International Criminal Court (ICC).(12) 
    For the purposes of this report, Amnesty International uses the definition 
of trafficking set out in Article 3 of the UN Protocol to Prevent, Suppress 
and Punish Trafficking in Persons, especially Women and Children, (the 
Trafficking Protocol), supplementary to the UN Convention against 
Transnational Organized Crime. (13) Article 3 provides that: 
    
    (a) Trafficking in persons shall mean the recruitment, transportation, 
transfer, harbouring or receipt of persons, by means of the 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 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 labour or services, slavery or practices similar 
to slavery, servitude or the removal of organs".(14) 
    (b) The consent of a victim of trafficking in persons to the intended 
exploitation set forth in subparagraph (a) of this article shall be irrelevant 
where any of the means set forth in subparagraph (a) have been used. (c) The 
recruitment, transportation, transfer, harbouring or receipt of a child for 
the purpose of exploitation shall be considered "trafficking in persons", even 
if this does not involve any of the means set forth in subparagraph (a) of 
this article. (d)"Child" shall mean any person under eighteen years of age. 
    Amnesty International is applying this definition to women who are 
trafficked into Kosovo from foreign countries, and to those who are internally 
trafficked(15), including from Serbia, and irrespective of whether their 
traffickers are participants in an organized criminal group. 
    Although the majority of women, including those whose testimonies are 
included in this report, may have begun their journeys as smuggled migrants, 
in the course of their journey, or following their arrival in Kosovo, they 
find themselves forced into exploitative prostitution. Amnesty International 
considers these women to be trafficked. A human rights perspective 
    In this report, Amnesty International highlights the human rights abuses 
to which trafficked women are exposed, and advocates that respect for, and 
protection of, the rights of trafficked women must be central to the action of 
all authorities in their responses to trafficking. 
    The obligation of states to prevent trafficking recognized as a form of 
discriminatory gender-based violence against women (16) - is set out in 
Article 6 of the UN Convention on the Elimination of All Forms of 
Discrimination Against Women (the Women's Convention) and in the Convention of 
the Rights of the Child (Children's Convention). (17) 
    Applicable law in Kosovo includes international treaties which require the 
authorities to act with due diligence to prevent, investigate and prosecute 
all human rights abuses, including trafficking, and the other human rights 
abuses to which trafficked women and girls are subjected including acts of 
torture, such as rape. They also require the authorities to ensure effective 
redress and adequate reparation to those who have been subjected to such 
crimes. These international treaties include the European Convention for the 
Protection of Human Rights and Fundamental Freedoms and the Protocols thereto 
(ECHR); the International Covenant on Civil and Political Rights and the 
Protocols thereto (ICCPR); the International Covenant on Economic, Social and 
Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of 
Racial Discrimination (the Convention against Racial Discrimination); The 
Convention on the Elimination of All Forms of Discrimination Against Women 
(the Women's Convention); the Convention against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment (Convention against Torture); and 
the International Convention on the Rights of the Child (the Children's Convention). 
    Even before they enter the trafficking process, many women and girls have 
already suffered violations of their rights in their home countries, 
guaranteed under the ICCPR, ICESCR and the Women's Convention. Many trafficked 
women and girls have been denied access to education, access to employment or 
to social welfare or have suffered discrimination - on the basis of their 
gender - in gaining access to these rights. Many of them have already been 
subject to abuses of their right to physical and mental integrity, through 
domestic violence and other forms of physical and sexual abuse at the hands of 
their parents or their partners. 
    In the process of trafficking, women may be abducted; they will be 
unlawfully deprived of their liberty, in violation of their rights to liberty 
and security of their person, enshrined in Article 9 of the ICCPR and Article 
5 of the ECHR. Their rights to freedom of movement, guaranteed under article 
12 of the ICCPR, are curtailed or denied. Their rights to privacy and to 
family life, under Article 8 of the ECHR and Article 17 of the ICCPR, are 
further denied. 
    They are subjected to torture, including rape, (18) and other forms of 
cruel, inhuman or degrading treatment, such as the repeated use of 
psychological threats, physical beatings and degrading sexual acts. These acts 
violate the rights of women and girls under Article 7 of the ICCPR and Article 
3 of the ECHR, and Article 37 of the Children's Convention, and may even 
violate their right to life. Trafficked women may also be denied access to 
health-care guaranteed under Article 12 of the ICESCR and Article 12 of the 
Women's Convention. 
    In addition to the abuses perpetrated by traffickers, trafficked women 
often find their rights violated within the criminal justice system. As 
detainees, they are not informed of their rights or how to access them. Their 
rights to the presumption of innocence, to a lawyer and to an interpreter are 
denied in violation of their rights under Articles 9 and 14 of the ICCPR, 
Articles 5 and 6 of the ECHR and Articles 37 and 40 of the Children's Convention. 
    As victims of human rights abuses, they do not routinely receive 
information about their rights to reparation, including compensation, or how 
to access them through administrative bodies or the courts.(19) The majority 
of women will not see those responsible for the abuses of their rights brought 
to justice. 
    Some trafficked women have not been protected from forcible return to a 
country where they would face grave human rights abuses, in violation of 
Articles 3 of the ECHR and of the Convention against Torture, Article 33 of 
the 1951 Convention relating to the Status of Refugees, and principles of 
customary international law. 
    Respect for the rights of women and girls in Kosovo who have been 
subjected to trafficking not only requires the authorities to investigate the 
abuses highlighted above, to bring to justice those responsible for those 
abuses, and to ensure the victims of such abuses effective redress, including 
reparation. It also requires the authorities in Kosovo - as well as in their 
countries of their origin and other countries to which they may be resettled - 
to ensure respect for the full range of their rights including their rights to 
dignity, security, privacy, the highest attainable standard of health, an 
adequate standard of living, safe and secure housing, work, education and 
social security. 
    In addition to the legal standards set out above, Amnesty International 
refers to the Office of the UN High Commissioner for Human Rights (UNHCHR) 
Recommended Principles and Guidelines on Human Rights and Human Trafficking 
(UNHCHR Recommended Principles and Guidelines). The protection of the human 
rights of trafficked persons lies at the heart of the UNHCHR Recommended 
Principles and Guidelines, which are directed at states, intergovernmental 
organizations and non-governmental organizations; they are comprised of 17 
basic Principles - based in international human rights law - and 11 detailed 
Guidelines, which set out practical measures for their implementation. (20) 
    Amnesty International also notes that the UN Commission on Human Rights 
has recently established a new mandate for a Special Rapporteur on trafficking.(21) 
    Another important tool to ensure the protection of women's human rights, 
in particular in the context of armed conflict and post-conflict situations, 
is Resolution 1325 on women, peace and security, adopted by the UN Security 
Council on 31 October 2000.(22) This landmark resolution calls on a range of 
actors - the UN Secretary-General, the UN Security Council, UN Member States, 
all parties to armed conflict, and those involved in negotiating and 
implementing peace agreements - to ensure increased representation of women at 
all levels of decision-making concerning the prevention, management and 
resolution of conflict; to include more women in peace-keeping and other field 
operations and to provide training for field staff on the protection of 
women's human rights; to adopt a gender perspective when negotiating and 
implementing peace agreements; and to take special measures to protect women 
and girls from gender-based violence, particularly rape and other forms of 
sexual abuse. 
    Resolution 1325 also requested the UN Secretary-General to carry out a 
study on women, peace and security. The outcome of this study was reported to 
the Security Council in October 2002 and expanded upon the recommendations 
contained in resolution 1325.(23) At the same time, UNIFEM (United Nations 
Development Fund for Women) commissioned an expert study on women, war and 
peace which further elaborated on measures to further implement resolution 
1325.(24) In October 2004, the UN Secretary-General will submit the first 
report on the implementation of resolution 1325. Due diligence 
    Where abuses have been perpetrated by organized criminals or private 
individuals, and where a state has failed to take effective action or bring 
those responsible to justice, then the authorities - in this case, UNMIK - may 
be held responsible for those abuses of human rights. With respect to violence 
against women, the UN Committee on the Elimination of Discrimination against 
Women (CEDAW) notes that states should exercise due diligence to prevent, 
investigate and, in accordance with national legislation, punish acts of 
violence against women, whether those acts are perpetrated by the state or by 
private persons.(25) Application of this standard in practice may therefore 
require states to, for example, introduce measures to criminalize trafficking 
(as UNMIK has done in Kosovo), effectively enforce this prohibition, provide 
legal assistance and remedies for victims, and take preventative action to 
address the underlying causes of trafficking.(26) 
    
    Applicable law in Kosovo 
    
    In addition to the human rights standards outlined above, applicable law 
in Kosovo consists of regulations promulgated by the Special Representative of 
the UN Secretary General (SRSG) and the law in force in Kosovo on 22 March 
1989. (27) Until January 2001, prosecutions in trafficking cases were 
conducted under the Criminal Code of the former Socialist Federal Republic of 
Yugoslavia (SFRY) and the Serbian Criminal Codes, including under Article 251 
of the Serbian Criminal Code for "intermediation in the exercise of 
prostitution", and under Article 18 (8) of the Kosovo Law on Public Peace and 
Order, which creates a minor offence out of the act of mediating in or forcing 
another into prostitution; women were convicted of prostitution under the same law. 
    On 12 January 2001, the SRSG promulgated UNMIK Regulation 2001/4, On the 
Prohibition of Trafficking in Persons in Kosovo (see Chapter 3, below). 
    
    Chapter 1: Background 
    
    In July 1999, following UN Security Council Resolution (UNSCR) 1244/99 of 
10 June 1999 an international peacekeeping force (KFOR) and a UN civilian 
administration known as UNMIK were established in Kosovo.(28) This saw the 
removal of the Serbian authorities which had governed the province since 1990, 
when the authorities under President Slobodan Miloevi stripped Kosovo of the 
autonomy it had been granted in 1974.(29) 
    From 1990, members of the majority ethnic Albanian population were 
subjected to a decade of human rights violations perpetrated by the Federal 
Republic of Yugoslavia (FRY) authorities and the Serbian police.(30) By 1998, 
an internal armed conflict was being fought in Kosovo between FRY forces, Serb 
police and paramilitaries the on one side and the Kosovo Liberation Army (KLA) 
on the other. From 24 March to 10 June 1999, with the declared aim of 
preventing a human rights catastrophe, the North Atlantic Treaty Organization 
(NATO) conducted an air campaign against the FRY, codenamed Operation Allied 
Force. (31) In June 1999, after the conclusion of an agreement with the FRY 
authorities, NATO ceased its bombing campaign, and by the end of July Serbian 
police, paramilitaries and the Yugoslav Army had withdrawn from Kosovo.(32) 
    Under UNSCR 1244/99, UNMIK was mandated with the task of providing an 
interim administration for Kosovo, and charged in Article 11 (j) with the duty 
of "Protecting and promoting human rights". Article 9 also provided a mandate 
for the international NATO-led security presence (KFOR). International 
presence generates sex trade 
    In the second half of 1999, 40,000 KFOR troops were deployed and hundreds 
of UNMIK personnel arrived along with staff from more than 250 international 
NGOs. Within months of KFOR's arrival, brothels were reported around the 
military bases occupied by international peace-keepers. Kosovo soon became a 
major destination country for women trafficked into forced prostitution. A 
small-scale local market for prostitution was transformed into a large-scale 
industry based on trafficking predominantly run by organized criminal networks. 
    Some sectors of the economy grew rapidly, through increased prices paid by 
international personnel for rented property and services, resulting in an 
increase in disposable income in certain sections of the population. 
    By late 1999 the United Nations Development Fund for Women (UNIFEM) had 
reported on significant organized prostitution in four locations close to 
major concentrations of KFOR troops. Most of the clients were reported to be 
members of the international military presence, while some KFOR soldiers were 
allegedly also involved in the trafficking process itself. Eighteen premises 
were identified, including in the Gnjilane/Gjilan area, where clients included 
US military personnel; in Prizren, where users reportedly included German KFOR 
soldiers and other internationals; in Pej/Pe, where residents reported 
Italian KFOR soldiers as clients; and in Mitrovic/a, where French KFOR 
reportedly patronized make-shift brothels.(33) 
    Since then, there has been an unprecedented escalation in trafficking in 
Kosovo. From the 18 establishments identified in late 1999, by January 2001, 
some 75 such premises were listed in the first "off-limits list" issued to 
UNMIK staff. This listed bars, clubs and restaurants where trafficked women 
were thought to work, and which had been declared "off-limits" to UNMIK and 
KFOR personnel (see Chapter 6). By 1 January 2004, there were 200 bars, 
restaurants and cafes on the "off-limits list".(34) 
    KFOR and UNMIK were publicly identified in early 2000 as a factor in the 
increase in trafficking for prostitution by the International Organization for 
Migration (IOM).(35) In May 2000, Pasquale Lupoli, IOM's Chief of Mission in 
Kosovo, alleged that KFOR troops and UN staff in Kosovo had fed a "mushrooming 
of night clubs" in which young girls were being forced into prostitution by 
criminal gangs. "The large international presence in Kosovo itself makes this 
trafficking possible."(36) 
    Nevertheless, in February 2001 the IOM had cautioned, "[t]he fact that you 
have 45,000 foreigners in Kosovo could be one element in the equation, but it 
is definitely not the whole equation."(37) The trafficking industry was also 
assisted by Kosovo's proximity to source countries and well-established 
trafficking routes via Albania to the European Union (EU), as well as 
cooperation between Serbian, Albanian, Kosovo Albanian and Macedonian 
organized criminal networks. A lack of sufficient and experienced police 
officers and a weak criminal justice system also enabled the development of trafficking. 
    Although the development of trafficking can be attributed to the presence 
of the international community, the sex industry has subsequently developed to 
serve a wider client-base. Over the past three years it has increasingly 
served the local community, which both the IOM and the CPWC estimate now make 
up around 80 per cent of the clientele. 
    Given low levels of prostitution and trafficking of women prior to July 
1999, all the available evidence suggests that without the presence of the 
international community and an influx of ready-made western consumers, Kosovo 
would have remained a relative backwater in the Balkan trafficking industry. 
    
    Responsibility and accountability in Kosovo 
    
    Following the establishment of UNMIK, a transitional government was also 
established in 1999 by the ethnic Albanian population. Notwithstanding the 
establishment of the Provisional Institutions of Self-Government (PISG) in 
2001, UNMIK continues to administer Kosovo under UNSCR 1244/99, despite the 
gradual transfer of certain powers to the PISG. The Special Representative of 
the UN Secretary-General (SRSG) still retains executive powers, most notably 
over the international judiciary, law enforcement, minorities and refugees, 
defence and security - in conjunction with KFOR and external relations. Since 
2002, the Department of Justice has taken the lead role on trafficking.(38) 
    An international police force - UNMIK police or CIVPOL (civilian police) - 
carries out law enforcement functions, in conjunction with the Kosovo Police 
Service (KPS). As of 31 March 2004, there were 3455 international police in 
Kosovo. The UNMIK Police Trafficking and Prostitution Unit (TPIU) was 
established in November 2000, with the aim of gathering evidence to assist in 
gathering evidence to assist in the prosecution of those believed to be 
responsible for trafficking. The TPIU is staffed by both international police 
officers and members of the KPS. 
    The PISG was established by UNMIK Regulation 2001/9 in May 2001.(39) The 
Kosovo Assembly was elected in November 2001 and Ibrahim Rugova became 
President in March 2002. Government ministers with responsibilities related to 
both the prevention of trafficking and the protection and support of 
trafficked women include the Minister of Education, Science and Technology, 
the Minister of Labour and Social Welfare, the Minister of Health and the 
Minister of Public Services. 
    Within the Office of the Prime Minister, the Office for Good Governance, 
Human Rights, Equal Opportunities and Gender Issues has particular 
responsibility for trafficking, and for the coordination of the PISG's role in 
the Kosovo National Plan of Action on Trafficking - as required by the 
Stability Pact Task Force on Trafficking in Human Beings (SPTF).(40) 
    The mandate of KFOR continues to be unaffected by the gradual transfer of 
responsibilities from UNMIK to the PISG. Originally over 50,000 strong and 
composed of soldiers from more than 30 countries, by March 2004, it comprised 
four multi-national battalions totalling 17,000 troops but was subsequently 
reinforced by some 3,500 extra troops following widespread inter-ethnic 
violence that month. KFOR personnel are not accountable to either UNMIK or the PISG. 
    Both UNMIK and KFOR personnel, and contractors working for UNMIK and KFOR, 
are protected from prosecution in Kosovo by immunity granted under UNMIK 
Regulation 2000/47.(41) Civilians, including UNMIK police, may therefore only 
be prosecuted if a waiver is granted by the UN Secretary-General; immunity for 
KFOR personnel may be waived by the head of their national battalion. 
    
    Chapter 2: Trafficking of Women and Girls in Kosovo 
    
    "Eventually I arrived in a bar in Kosovo, [and was] locked inside and 
forced into prostitution. In the bar I was never paid, I could not go out by 
myself, the owner became more and more violent as the weeks went by; he was 
beating me and raping me and the other girls. We were his 'property', he said. 
By buying us, he had bought the right to beat us, rape us, starve us, force us 
to have sex with clients."(42) "If I refused [to have sex with clients] I was 
threatened. He was pointing the gun to my head, and he was saying.. 'If you 
don't do this in the next minute, you will be dead'. He has the gun, he was 
just saying do this or you will be dead."(43) 
    Some women are trafficked into Kosovo from abroad, some from within Kosovo 
itself. There are no accurate estimates of the numbers, but certainly many 
hundreds of women have been trafficked from their homes and forced to work as prostitutes.(44) 
    The statistics used in this report relate only to the women assisted by 
organizations working with trafficked women. Therefore they do not reflect the 
overall numbers who may have been trafficked into and within Kosovo, but 
rather the experience of individuals who have, through police raids or other 
methods of referral, received assistance. Although the TPIU have estimated 
that around 90 per cent of women working in the sex-industry in Kosovo have 
been trafficked, international organizations estimate that only one-third of 
trafficked women ever receive assistance.(45) Women and girls trafficked into Kosovo 
    Some 406 foreign women were assisted by the IOM in Kosovo between December 
2000 and December 2003. According to the IOM, 48 per cent of women who have 
entered its repatriation program - enabling them to return to their home 
country - originated from Moldova. Of the remainder, 21 per cent came from 
Romania, 14 per cent from Ukraine, six per cent from Bulgaria, three per cent 
from Albania and the remainder from Russia and Serbia proper. 
    The origins of women registered by the TPIU in 2003 show a different 
profile, and indicate that women and girls from Albania (few of whom are 
assisted by the IOM) and internally, trafficked Kosovar Albanians comprise 36 
per cent of women registered by the TPIU as working in bars and other premises 
suspected of involvement in trafficking. Of the women from other countries, 27 
per cent were from Moldova; 45 per cent from Bulgaria; nine per cent from 
Romania and almost seven per cent from Ukraine.(46) 
    Women trafficked into Kosovo come from some of the poorest countries in 
eastern Europe. They have suffered more than a decade of economic dislocation, 
exacerbated by gender discrimination, in countries which have seen dramatic 
rises in poverty and unemployment. 
    "I was desperate, and not because I was having problems with my parents as 
I heard from other girls, but because we were so poor... My grandmother had a 
very small allowance, and my mother has only the state allowance for my three 
brothers. We should have the alimony that my father is supposed to give us, 
but he is just ignoring us and not helping us at all.... I couldn't live any 
longer on my grandmother's pension, so I said that I'd better go somewhere 
else where I could work hard and earn some money to help my family and my brothers."(47) 
    In September 2002, the IOM published an analysis of the social profile of 
168 women and girls from Moldova, for whom they had provided assistance, six 
per cent of whom were girls under the age of 18.(48) The IOM found that the 
majority of women and girls (57 per cent) had only received a basic primary 
education, 24 per cent had received secondary education, 15 per cent had been 
educated to the age of 18 and four per cent had attended university. Over 70 
per cent defined themselves as poor or very poor, those that were employed 
earning less than $30US (&#8364;30) a month. Some 88 per cent of these women 
and girls told the IOM that their main reason for leaving Moldova was to find work. 
    Some 37 per cent of these women and girls were mothers often separated or 
divorced; some were single mothers or widowed; less than 10 per cent were 
reportedly married or living in a stable relationship. 
    Many trafficked women have already suffered violations of their physical 
and mental integrity in their home countries. Based on interviews with 105 
trafficked women, IOM found that some 22 per cent had been physically or 
psychologically abused within their family; another 15 per cent reported 
physical and sexual violence; seven per cent reported physical or 
psychological abuse by a husband or partner.(49) 
    Based on these interviews, IOM suggests that many women's final decision 
to leave home was precipitated by an argument with their parents or partner, 
or an episode of domestic violence, as in the following case: "Following 
repeated abuse by her husband, culminating in threats to stab and kill her, a 
Romanian woman with three children fled her husband, and temporarily took her 
children to her parents' house. Her husband's cousin - who was aware of her 
situation - told her that he knew someone who was organizing trips to Germany. 
Hoping that she might be able to find a job in Germany with the help of an 
aunt living there, she agreed to go. En route, she found that she had been 
sold, and was trafficked to Kosovo." 
    In cases where women are unable to enjoy their social and economic rights 
and their vulnerability is exacerbated by abuse and ill-treatment within their 
families, many women in countries such as Bulgaria, Moldova, Romania and 
Ukraine may see the opportunity to work abroad as a positive choice, offering 
them a way out and the chance to earn what they expect to be many times what 
they can earn at home. 
    
    Recruitment 
    
    "...in any capital, be it Tirana or Budapest, Prague or Warsaw... 
somewhere there will be a hotel, a cinema, a bar, a restaurant, a caf ... 
named, for our desire, Europa. ... Europe is plenitude: food, cars, light, 
everything ... It is a promised land, a new Utopia...".(50) 
    Relatively few women are abducted, bundled into the back of a car and 
driven off to be sold. According to the IOM, just over eight per cent of women 
trafficked from Moldova to Kosovo reported being forcibly abducted; most had 
chosen to work abroad - almost 60 per cent having been promised work in Italy 
- although the work and location they were promised was very different from 
what awaited them.(51) 
    According to the IOM, 80 per cent of women report that they are recruited 
by a relative, friend or an acquaintance. In nearly half the cases, this 
person is a woman, often a friend: 
    "I am three years here. I was 17 years old when I came here. My friend 
said, 'Do you want to go and work in Kosovo?' I said no. ... At home I was 
bored. I had nothing to do, so I called her. I came to work for DM10 - 15, 
which is 5 - 7 Euros as a waitress. That was payment per day. I spent two 
weeks in Belgrade with one good family there - very good people.... Then they 
got a false passport and I was brought by one man to the Kosovo border... Me 
and my friend crossed the border, just us. We stayed in a hotel, then one day 
later we came to Prizren. Two weeks in a hotel in Prizren and at that time my 
friend paid everything. She brought me to a bar in a village near Prizren. My 
friend then left me and I haven't seen her since."(52) 
    These friends and acquaintances may promise jobs in Italy or elsewhere in 
western Europe - as waitresses, domestic workers, nannies, dancers, au pairs - 
telling them that they will earn up to &#8364;1,000 or &#8364;1,500 a 
month.(53) Women are also recruited by travel agencies or newspapers, 
advertising for dancers, models, waitresses, hostesses or strippers. Many 
promises are more banal: a single mother who was earning &#8364;30 a month 
working in a bar in her home country was promised &#8364;300 a month as a 
waitress in Kosovo: 
    "I had a friend who worked here. She is not pretty. Her boss asked if she 
had a pretty friend. She contacted me and proposed me as a waitress." (54) 
    Some 22 per cent of Moldovan women interviewed by IOM were at least 
partially aware that they might work in some sector of the sex industry. (55) 
However, they still expected to be legitimately employed. 
    This young woman, for example, was initially employed as a stripper: 
    "I have a female friend who worked here. When she came back she told me 
that there is a job. She said she would organize for a contract, and then we 
can go together. Three of us went together. The contract was in Albanian and 
English. It was translated into Russian. It was to earn &#8364;300 per month, 
and then 50% off for drinks. We booked a flight from Kiev to Istanbul to 
Pristina. I also proposed to my other friends to come together. We came as 
three. When we came in akovica we went to a lawyer to sign a contract and for 
a medical check, and registered in the police station that we would work".(56) 
    She was subsequently picked up in a police raid, following reports that 
several other women employed in this club had been transferred to other 
establishments and forced into prostitution. 
    Increasingly, recruiters are issuing women with apparently lawful 
contracts of employment. This aims both to circumvent the law and to allay 
women's fears that they will be subjected to exploitation. Some contracts 
often explicitly state that prostitution is excluded from the contract, or is 
prohibited on the premises in which they will work.(57) 
    Some women - IOM estimates just under three per cent - are aware that they 
will work as prostitutes. A woman, her arms covered in bruises, who had 
escaped by jumping through a window, said: "Yes, of course I knew... I have 
five brothers and sisters... none of us are working at home... but for me, 
this is not what I expected - I thought I would be paid ...I would get to 
choose my clients - this is not prostitution."(58) 
    
    The journey Trafficking routes 
    
    "That night two Serbian men came there and took two other girls and me 
away. All of us entered [Yugoslavia] illegally firstly by car, and then 
crossing a river on foot, until we met two other men who were waiting for us. 
These men took us to a house to spend the night, and the next day somebody 
else took us to a different house. I do not know the name of the city where we 
were staying. It was a woman that took us away this time."(59) 
    More than half (52 per cent) of women who come to Kosovo are trafficked 
via Serbia, with 22 per cent coming via Macedonia.(60) Women are also 
trafficked into Kosovo from Albania. According to the UNMIK Border Police, 
around 10 women a week are trafficked through Prishtin/Pri&#353;tina airport, 
all of whom have apparently lawful contracts of employment.(61) 
    Serbia's geographical location, a decade of war and sanctions and the 
flourishing of organized crime(62) has made Serbia a central hub in the 
trafficking of women from central and eastern Europe into Kosovo, 
Bosnia-Herzegovina, Albania and onward into western Europe via Italy or 
Greece. Sold "just like a cloth" 
    Women are taken, usually in small groups, to "trading houses" in hotels 
and private apartments around Belgrade, Panevo and Novi Sad, and also in 
Montenegro. There they are paraded in front of potential buyers, often being 
forced to strip before being sold to their new "owner". "First they would put 
us to get undressed, and to be only in underwear, to look at us and see how we 
are looking. If you are looking OK, and they [like you], they will buy you. We 
were like a rag, just like a cloth."(63) 
    "They put us in a line, standing up, and then they sit in an armchair and 
look at us, choosing one of us." "You will not know who bought you. They will 
just come and tell you that you must get ready because you [have to] leave."(64) 
    A journalist who visited a "trading house" near Belgrade confirmed these 
reports. He also observed a man bidding for a woman while talking to the 
purchaser via mobile phone. (65) 
    From here, women may be trafficked to a range of destinations, including Kosovo. 
    Other networks operate within and between Albanian communities in southern 
Serbia, Kosovo and Macedonia.(66) 
    Some women may find themselves held in Kosovo only briefly before they are 
sent on to other destinations. Like many other Balkan countries with porous 
borders, no visa regimes and weak legal and economic systems, Kosovo is also a 
transit country. It may be a matter of chance whether a woman finds herself 
trafficked to Italy or Kosovo. In transit 
    Many women are aware that their journeys across transit countries are not 
completely lawful. Sometimes their suspicions are raised while still in their 
home country. Women may be kept in a locked room, or moved only at night by a 
succession of different individuals, sometimes including law enforcement 
officers. By the time they have been taken to another country, most begin to 
understand what is happening or are told that they have been trafficked. 
    These women are unlawfully deprived of their liberty, in violation of 
their rights to liberty and security of their person, enshrined in Article 9 
of the ICCPR and Article 5 of the ECHR. Few of them try to escape. Their 
travel documents have usually been taken away, and they have been told that if 
they do escape, they are unlikely to reach or cross the border without being 
arrested.(67) Some traffickers seek to reassure them, suggesting that by the 
time they reach their destination, everything will be fine. Other women have 
reported that they had been drugged or sedated. Women who protest are 
subjected to violent threats and abuse - described as the "breaking" process - 
often including beatings and rape. This abuse is deliberately designed to 
instil fear in women and create dependency on their trafficker. 
    From this point, women are effectively enslaved or "owned" by their 
traffickers, by the middlemen, and eventually by the owner of the premises 
where they will work. Although some women are not aware until they reach 
Kosovo that they have been sold, others have seen money change hands, or have 
been raped by buyers when they "try the merchandise". 
    Women are often sold several times over even before reaching Kosovo. 
According to the IOM, women may be sold for between &#8364;50 and &#8364;3500, 
depending on her country of origin. By the time she gets to Kosovo she may 
have been bought and sold several times, her price rising every time she is re-sold.(68) 
    
    Into Kosovo 
    
    "I can never get enough sleep. I always go to bed around 4 or 5 o'clock in 
the morning, after cleaning up all the tables, dishes, glasses and floors and 
broken glasses all over the caf. I am exhausted when I go to bed and cannot 
sleep immediately. At 10 or 11 o'clock in the morning I can hear them shouting 
at us to wake up and we have to do the cleaning of the rooms and beds, and all 
the sheets. Clients come early at the caf and we have to serve them. We are 
given food like we were animals, very often we have to eat leftovers; we have 
to serve clients until evening and around 11 o'clock we have to go to serve 
[have sex with] clients in their rooms. Sometimes this service may start earlier."(69) 
    Once they get to Kosovo, women are taken to bars, restaurants or clubs, 
where they are either sold to a new owner, or work for the trafficker. Some 
women begin by working as waitresses, serving meals or drinks.(70) Others are 
forced into prostitution immediately, often expected to work as waitresses 
during the day, and as prostitutes at night. 
    Evidence at a trial at Prishtin/Pri&#353;tina District Court demonstrated 
how women contracted to work as dancers at the Miami Beach Club in 
Prishtin/Pri&#353;tina were required to work as prostitutes - despite claims 
by the defence that prostitution was forbidden according to house rules, and 
that the women were merely encouraged to "provide the atmosphere".(71) The 
women described how they were told to tell potential clients that if they 
wished to be alone with them, then they had to buy a bottle of champagne. 
Depending on how much the client paid - ranging from DM50 to DM2,400 a bottle 
- he was entitled to a period of time with the woman in one of the booths or 
cabins which surrounded the dance floor. An even larger and more expensive 
bottle entitled the client to sex with the woman in a hotel or a private 
apartment. Similar systems operate in other establishments. Deprivation of liberty 
    Restrictions on the woman's freedom of movement start early in the 
trafficking process, when her passport or travel documents are taken away from 
her. Without such papers, a woman is likely to be arrested for immigration or 
other offences. Deprivation of their liberty continues throughout the process: 
    "..the majority of women are held against their will in conditions you 
wouldn't keep an animal in", former Head of TPIU.(72) 
    Trafficked women are seldom allowed any freedom of movement outside the 
establishments in which they work. They are confined either by threats and 
coercion, or by being locked in. 
    "We worked from 9am to 11pm. After that he said, 'You do what you like', 
but we were locked. When we asked to go out he said, no, that we had to be 
here. We slept in a room together, me and another girl. All the windows had 
bars. He didn't ever beat me; it was just psychological threats. We were 
coerced in that way; I couldn't go out."(73) 
    One woman reported to the CPWC that she had been locked into a room, and 
kept in darkness, unable even to see the men who entered the room to have sex 
with her. Another NGO working with trafficked women in Kosovo reported that 
many of the young women they worked with had been similarly detained, and were 
so disoriented that they had no idea how many men they had been forced to have 
sex with.(74) 
    At a trial in Gnjilane/Gjilan in 2002, a trafficked woman testified that 
she had been kept in a cellar, where she slept at night and serviced clients 
during the day. Food, drink and a bucket for use as a lavatory were brought 
down to her. She only left the cellar when she was driven by the defendant to 
meet clients.(75) 
    Some women have been locked into hotel rooms, not even being allowed to go 
out to buy sanitary protection.(76) Other women have been allowed out to go 
shopping, but under escort, and without their passports or other travel 
documents. Some women, however, do manage to escape: 
    "I was constantly thinking of a way to escape. When one client took me to 
the next town with his car, I took the chance and escaped. After hours of 
hiding in the bushes I knocked on doors asking for help. A young man opened 
the door, and told me to wait: I was afraid he would sell me, but I knew that 
nothing can be worse than going back to the bar. He called the police."(77) 
    Following raids on bars and restaurants by the TPIU, traffickers have 
removed many women to other premises - most often rooms in private apartments. 
Here they receive clients directed from the bars or via telephone. Almost all 
these women are locked in, with no freedom of movement whatsoever, and levels 
of violence, including rape, are reportedly much higher than in the bars.(78) 
Torture and other forms of cruel, inhuman and degrading treatment 
    "Before I was sold to the bar in Prizren, I was held in an apartment in 
Gjilan for four days and I was raped by the guards several times."(79) 
    Trafficked women and girls are systematically subjected to torture, 
including rape and other forms of cruel, inhuman and degrading treatment which 
violate their rights under Article 7 of the ICCPR, Article 3 of the ECHR and 
Article 37 of the Children's Convention. More than half of the women 
interviewed by IOM reported that they had been physically abused by the bar 
owner. A further 25 per cent said that they had also been beaten by bar staff, 
clients or other people. 
    Shelters working with trafficked women in Kosovo report that around 40 per 
cent of women bore signs of physical abuse on entering the shelters; they were 
predominantly bruised, but some also had broken bones. One woman had been 
beaten so severely that she was immediately repatriated for surgery to save 
her eyesight.(80) 
    In one case, it is suspected that an 18-year-old Moldovan woman, whose 
body was found in a river near Prizren on 19 February 2001, may have been 
murdered. The woman, who was found with her purse and documents, had 
apparently died from drowning. According to UNMIK Police, because the river 
was very shallow at this point, they suspected that she may have been forcibly 
drowned or dumped into the river while still alive and drowned while 
unconscious. A murder investigation was subsequently opened. However, although 
the police reported allegations and strong suspicions of involvement of 
traffickers, no direct evidence was found and no suspects were identified. The 
case was subsequently closed on 4 April 2001 by the Prosecutor, but the case 
was reportedly being reviewed in March 2004, because of new information which 
"has come to light over the past two years".(81) 
    In court proceedings against suspected traffickers, trafficked women 
routinely testify that violence was used as a means of coercion and control. 
For example, the Prishtin/Pri&#353;tina District Court heard testimony that 
11 women, contracted to work as dancers at the Miami Beach Club in 
Prishtin/Pri&#353;tina, had been subjected to forced prostitution and, over a 
period of at least six months, to a range of other human rights abuses. Seven 
of the women testified(82) that the defendant wore a gun on his hip which he 
used to threaten them with, in order to coerce them into providing sex for 
clients. One woman had been beaten with a crutch the defendant kept in his office.(83) 
    The women's families are also threatened. L.J., for example, was told by 
her owners that if she refused to provide sexual services, they would kill her 
three-year-old daughter who remained at home in her country of origin. 
According to evidence presented at trial, the girl had subsequently been abducted.(84) 
    Trafficked women and girls may be raped in transit and many are then 
subsequently repeatedly raped by their owners, who use rape as a means of 
control and coercion.(85) A Moldovan woman trafficked to Pej/Pe testified in 
investigative proceedings that when she had refused to work as a prostitute, 
the defendant beat and raped her, reportedly to teach her what would happen if 
she did not do what she was told.(86) 
    The coercive circumstances of trafficked women also make it impossible for 
them to give genuine consent to sex with "clients". Amnesty International 
notes that the ICC's Elements of Crimes do not require force as an element of 
rape: in this sense it is possible that 'clients' of brothels, who are aware 
of the coercive environment in which trafficked women are held, may be 
committing rape. (87) 
    "She had sex 2,700 times in less than one year; she was subjected to group 
sex; sex at gunpoint;[she] earned 200,000 Deutschmarks [for the traffickers], 
she was truly victimised."(88) 
    Violence is part of the process of coercion. Sometimes only one woman is 
beaten, to demonstrate the consequences of non-cooperation to others, and to 
reinforce the power relationship between the trafficker/owner and the 
trafficked women.(89) When women are trafficked by men who claim to be their 
"lovers", a mixture of generosity and violence may be used to reinforce the 
dependency of the trafficked woman on her trafficker. 
    Trafficked women are repeatedly subjected to psychological abuse. This can 
include intimidation and threats, lies and deception, emotional manipulation 
and blackmail, in particular threatening to tell their family back home about 
the true nature of their work. 
    Traffickers keep women perpetually insecure by creating an unpredictable 
and unsafe environment,(90) including moving women from place to place, as 
described by many trafficked women in Kosovo. It also includes holding them in 
conditions which Amnesty International considers may amount to inhuman or 
degrading treatment: 
    "We lived on the second floor, [all the] girls in one room. The bar was 
situated on the first floor. Our owner fed us with liver sausage, fish and 
bread. We didn't get money. They didn't buy us any clothes. If I refused to 
work they beat me. When I was ill, I got no help. It was very cold there."(91) 
    Trafficked women in Kosovo reported being held in unhygienic, overcrowded 
and stressful conditions, with no opportunity for privacy. Many women have to 
sleep and live in the same room in which they work, often with others. 
Physically exhausted by the long hours and the number of clients they are 
forced to have sex with, women also report being deprived of food: 
    "We received one hamburger and one yoghurt a day"; "We had to share four 
hamburgers and a packet of cigarettes between eight girls".(92) 
    An NGO working with trafficked women described how difficult it was for 
women to regain their sense of self-esteem after their trafficking experience, 
having been subjected to such humiliating and degrading treatment.(93) 
    
    Right to health 
    
    "I felt sick, and was coughing a lot. I had a terrible headache and fever. 
... I was lying in bed and almost fading, when the owner's son came into my 
room and I was beaten badly by him. As a result, I suffered grave bodily 
injuries. I stayed in bed for three months. Except for other injuries, he 
broke my hand too. All the time I spent in bed, he repeatedly exploited me."(94) 
    Amnesty International considers that trafficked women are denied their 
right to health guaranteed under Article 12 of the ICESCR and Article 12 of 
CEDAW, in being denied access to health care by their traffickers, and by 
being forced to engage in unprotected sex. In 2002, it was reported that 36 
per cent of trafficked women in Kosovo reported being denied any medical care, 
while only 10 per cent were provided with access to regular health care; the 
majority of trafficked women were forced to have unprotected sex, with only 40 
per cent "occasionally" using condoms.(95) Amnesty International is also aware 
of reports that trafficked women have been subjected to enforced abortions.(96) 
    An NGO working with trafficked women reported that some traffickers escort 
the women to private doctors, whose bills are then paid from the women's 
earnings. By the time women were taken to such clinics, their condition was 
usually quite serious, but most women were unable to return to the clinic to 
get the results of tests and receive appropriate treatment.(97) Many 
trafficked women suffer long-term damage because of the failure to receive 
timely and appropriate treatment.(98) The organization notes that, although 
shelters are able to provide presumptive treatment for sexually transmitted 
diseases to trafficked women, no voluntary HIV testing is available to them. 
    Women who have been trafficked also suffer from long-term stress, 
exhaustion and anxiety, as well as damage to their self-esteem and feelings of 
self-worth. An IOM study found that a significant number of trafficked women 
also developed conditions including acute stress reaction, post-traumatic 
stress disorder and depression.(99) 
    Young women, in particular, often show signs of self-harm, including cuts 
or cigarette burns on their arms. One witness described how she saw a girl 
"voluntarily burning herself on several occasions with cigarettes on multiple 
places on her arms ...it was a desperate cry for help".(100) Amnesty 
International delegates met two young trafficked women who clearly showed 
similar signs of self-harm. 
    
    Slavery and debt bondage 
    
    The Trafficking Protocol includes within its definition of trafficking, 
slavery and slave-like practices. These are expressly prohibited in Article 8 
(1) of the ICCPR,(101) Article 4 of the ECHR, the ILO Convention (105) on the 
Abolition of Forced Labour, and in Article 1(a) of the Convention 
Supplementary to the Slavery Convention which prohibits specific slavery-like 
practices, including debt bondage.(102) 
    Women trafficked into Kosovo are sold into slavery. Each of the trafficked 
women interviewed by Amnesty International referred to the man to whom they 
had been sold as their "owner"; NGOs working with trafficked women report the same. 
    Although women may have previously agreed to repay, from their wages, the 
person arranging, for example, the costs of their supposed journey to Italy, 
few of them understood or expected that they had in fact been purchased, and 
that they would have to repay their "owner" the amount he had paid for them. 
Neither did they expect to pay additional sums, regularly added to their debt, 
often apparently for the costs of their food and accommodation. 
    A young woman who thought she was going to work in a legitimate job in a 
bar in Kosovo, and who, in addition to bar-work, found herself forced into 
prostitution, told Amnesty International: 
    "I signed a contract for a monthly salary for &#8364;100, because of the 
tax that would be taken out of my salary. However, I had a verbal agreement in 
my country to work for &#8364;300 per month. The owner of the bar said 'I 
bought you for &#8364;200; you have to pay that back', and he told me that I 
had negative &#8364;4. Then one day he said, 'You owe me &#8364;80' and I had 
to pay with my time. Every three or four days he would say to me, 'You are 
minus &#8364;20' or whatever. For three months I earned just &#8364;300 - 350 
but I should have had &#8364;900... When I was in my country they said I would 
have food, cigarettes etc. There was nothing of that agreement. I paid for my 
uniform, I paid for medical checks, I paid for my contract, I paid for my 
trip, everything. I paid &#8364;16 for my T-shirt. It had my name on the front 
and the company's name on the back."(103) 
    Women at the Miami Beach Club, who under their contracts were supposed to 
receive a commission on drinks sold, testified in proceedings at 
Prishtin/Pri&#353;tina District Court that they rarely received this money. 
Instead they were regularly "fined" for various reasons: including having sex 
outside the hotel with clients who had not paid the requisite amount; refusing 
to have sex with a client who had taken drugs; getting drunk - even though 
drinking large quantities of alcohol was part of their work; or for arriving 
late to work.(104) 
    Other women report paying off one debt, only to be faced with another, in 
a cycle of debt-bondage from which it is almost impossible to escape. 
    "I learned that I was sold to a pimp for 2200 DM (&#8364;955). The money 
he had spent on me I had to work off. When I worked the sum, the pimp sold me 
to Kosovo for 1750 DM. I never went to anyone for help because I had no 
opportunity to move. I worked at night with a [guard] only 15 feet away at all 
times. I was locked up in a room during the day. If I had had the chance, I 
would have tried to find the Red Cross for help."(105) 
    
    Internally trafficked women and girls 
    
    "Before they were victims of trafficking, they were victims of domestic 
violence or of rape in [the] war or poor education - they all have some 
reasons to be victims of trafficking."(106) 
    As well as those who are trafficked into Kosovo from abroad, increasing 
numbers of local women and girls are also being trafficked into the domestic 
sex-industry. According to the CPWC, the number of internally trafficked women 
has recently increased dramatically, with over twice the number of girls and 
women assisted in 2002 as in 2000. Of 253 internally trafficked women and 
girls supported by CPWC during this period, the majority - some 81 per cent - 
were under the age of 18. Almost one-third, 32 per cent, were between 11 and 
14 years of age.(107) In 2003, the CPWC assisted an additional 92 cases, 79 
per cent of whom were under 18 years old.(108) 
    Economic conditions in Kosovo, especially in rural areas where the 
majority of these young women come from, have failed to recover after the war, 
and unemployment, though less than in 2000, is still running at almost 60 per cent. 
    According to the CPWC, 84 per cent of internally trafficked women with 
whom they worked had only received a basic level of education. Some had not 
completed primary education and five per cent were illiterate. Only 10 per 
cent had attended secondary school, and only one per cent had received any 
form of higher education. In 2002, the World Bank reported that only 56 per 
cent of 15 to 18-year-old girls, the group most vulnerable to trafficking, 
were enrolled in full-time education. But even girls with some education are 
not immune. 
    "I used to be an excellent student in primary school. One day I met a 
girlfriend of another class in the same school. She invited me to go out 
together. She introduced me to some people that liked me and seemed to be very 
pleasant....I was driven in a room and raped ... since then I'm not free any 
longer ..."(109) 
    Staff at the CPWC told Amnesty International that the majority of young 
women come from poor backgrounds, often from dysfunctional families with high 
levels of domestic violence and alcoholism. Many families had also been 
through several years of displacement, war and trauma: 
    "We suffered very much during the war. Our house was burned. We have 
experienced so much terror in [R.] during the deportation too. Immediately 
after the war ended, my father married me to my sister's brother-in-law. I 
didn't love him. After some time there, I left his house, beaten up and 
mutilated. It was dark. I asked for help in the asphalted street in the 
village. A driver stopped by, he took me in his car, and he promised to help 
me and then drove me to the city ... I was sent to a caf bar and handed over 
to the owner of that place. All the time I was there, I was repeatedly 
exploited and raped. Afterwards, the owner sold me to the place where I was 
later rescued by the police, seven months after. Every time I asked to be 
freed, the owner used to tell me that I didn't work enough, claiming that I 
could only earn DM300 for my services, while he bought me for the price of DM1,500."(110) 
    Although a majority of internally trafficked girls and women are recruited 
in similar ways to women from abroad, including by being offered work in 
western Europe, a higher percentage are reportedly abducted by force. Poor 
economic conditions also make young women more susceptible to the "lover-boy" trafficker: 
    ".. he offers to take her out of that. He promises to love her, he 
promises her marriage; he promises her a job; he promises to take her out of Kosovo".(111) 
    Internally trafficked women generally face the same conditions as those 
from outside Kosovo, although the numbers reporting that they receive any form 
of payment are extremely few. Both foreign and local women and girls have been 
found in the same bars, and on the whole report being treated in the same way 
by bar owners and other workers, although some internally trafficked women are 
held in much worse conditions. Many reported that they slept for only three or 
four hours a night, servicing between 10 and 15 clients each day, and were 
given "high-energy" drinks to keep them awake. 
    Most of the young women counselled by the CPWC reported that they had 
worked for between eight months and two years before they escaped or were 
"rescued" by the police. In contrast to externally trafficked women,(112) only 
24 per cent are referred directly by the TPIU or other law-enforcement 
officers, with the majority of women being referred by other agencies or 
seeking assistance themselves after managing to escape. 
    Some young women are sold by members of their own families. One 
14-year-old was married to a local bar owner who physically abused her and 
forced her into prostitution, eventually selling her to three brothers who 
took her to Prishtin/Pri&#353;tina, where they forced her to have sex with 
them and other men.(113) In another case reported to Amnesty International, a 
13-year-old Romani girl was initially sold for &#8364;500 in marriage to a 
40-year-old man, who beat and raped her. When she escaped from him, she went 
back home: in order to recoup the marriage payment, her mother prostituted her 
in local shops. The child now has to be protected from her own family. In 
February, UNMIK police reported the arrest of a man who raped a young member 
of his own family, and then sold her to another man for &#8364;100; he was 
charged with the rape of a minor and with trafficking.(114)But without family 
support, young women are even more vulnerable: "My parents are divorced. I 
live anywhere I can, with my uncle's family, neighbours and cousins. An old 
man has noticed that I am alone and started to caress me. He invited me to go 
to his house. He kept saying that he loved me very much. He touched my body 
and even gave me money for clothes and other things. But there were other men 
that took me too ... he knew them, but never stopped them ... among other 
services I had to do striptease on the table in an apartment, a large room and 
with plenty of people around watching me dance; there were international 
visitors too, once, I have seen international soldiers ... ." (115)Proceedings 
are currently in progress in the case of five children found locked into a 
room where it was suspected that they were being abused by both homosexual and 
heterosexual men. It is not known whether they were orphaned or abandoned. 
When the children were found, they were malnourished, they had head lice and 
they were severely traumatized.(116) Other vulnerable children are reportedly 
initially recruited to sell gum or beg in the streets; while the boys move on 
to selling cigarettes or phone cards, the girls are forced into prostitution. 
    Amnesty International has also received reports that young women in Kosovo 
are vulnerable to a further form of sexual exploitation which Amnesty 
International considers falls within the definition of trafficking as cited in 
the Trafficking Protocol. These are cases in which although abusive sexual 
exploitation has taken place, it is not entirely clear that an economic motive 
exists. In this form of trafficking, young girls are abducted and subsequently 
subjected to repeated rape, sometimes by the same group of men, or repeatedly 
abducted and forced to have sex with different men over a period of several 
months. After their initial ordeal, sometimes lasting for up to a month, the 
young women are released, often dumped outside their home or their school; a 
few weeks or months later, they are abducted again. On 14 February 2004 UNMIK 
police received a report that a 14-year-old girl was missing; following an 
investigation, she was rescued by the police on 1 March: over a period of 20 
days, she had been repeatedly raped by eight adult men.(117) 
    In a similar case: 
    "I was going to school. I noticed that a young woman near the schoolyard 
was watching me. I stopped by a burek(118) place and took a look inside. The 
strange woman approached me and offered me a burek. She paid for it. This 
lasted for some days, until we became friends. One day she suggested we have a 
ride with her in her car. I went with her. The car didn't stop in the 
neighbourhood I live, but they continued to drive the car in a road unknown to 
me. Driver was a man. When I asked about the place we were going to, they told 
me that we are visiting an old city, where I've never been before. Indeed, I 
was sent there and kept in a motel for three weeks in a row. Four men raped 
me. I was yelling, but no one could hear me since my mouth was closed. Other 
men came too. After three weeks they sent me to another city. There, too, I 
was forced to have sex with anyone who visited that private house. After some 
time they set me free and I came back home. They wouldn't leave me alone. They 
came to the door, threatening that they will go to my school and tell 
everybody what has happened. They even threatened that they will say to my 
parents that it was me that decided freely to go with them. I was forced to go 
with them time after time, week after week and sometimes even for three 
months. I couldn't continue with school, since some months had already passed 
and I was absent since the beginning of October ... I feel ashamed and I feel 
like everyone is watching me as though I am a criminal, and I am so scared of 
... I was never paid. They gave me food and dressed me in bridal clothes. I 
used to shiver from cold when in wintertime I had to wear mini skirts and stay 
almost naked. When having a cold, I couldn't go to the doctor. I was given 
some pills and a juice prepared only for me. Even when I was brought back to 
my home, I couldn't go out, and I never told my parents of what has happened 
to me, because I was scared and ashamed, until it became too much for me, and 
too late."(119) Trafficking from Kosovo 
    Kosovar Albanian, Serb and Romani women and girls also face a growing risk 
of being trafficked abroad. At the time of writing, their main destination is 
the predominantly ethnic Albanian areas of Macedonia, where the TPIU, IOM and 
CPWC report young women being transferred or re-trafficked from Kosovo.(120) 
However, internally trafficked young women also report being offered work in 
Italy, and it would appear that they are increasingly being trafficked, via 
Albania, into Italy and other parts of western Europe. 
    "A friend of mine, he is older than me, told me he could help me get a job 
in Macedonia; I had the opportunity to leave all the bad things behind [she 
had been raped and had reported the rape to the police, resulting in problems 
with her family and friends] The man drove me to a village close to Gostivar. 
I remember he paid DM200 (&#8364;100) to a taxi driver to bring me through the 
border. Once in Macedonia, I was brought to a bar and told I should work there 
as a waitress for DM10 (&#8364;5) a day. I was accommodated in a house 
together with other girls from Moldova and Russia, I think they were Russians. 
None of us was free to leave the house during the day, we were obliged to stay 
indoors until we would go to the bar. After a few weeks things changed, the 
owner asked me to sit with the clients of the bar and, if they would want, to 
accompany them upstairs to the bedrooms." (121) 
    By May 2003, some 17 Kosovar women had reportedly been repatriated to 
Kosovo. Of nine, who were assisted by the IOM, three had been trafficked to 
Macedonia, two to Italy, one to Belgium and one to the United Kingdom. 
    "After a while one of the guys [who had kidnapped and raped her] took me 
by car to Albania. They brought me to another motel and left me there... for 
another month. They... raped me several times... One night I was taken away to 
another city. They put me in a speed boat of desperate people and sent me to 
Italy... They locked me in an apartment. The next day they told me that I had 
to work for them - on the street. I refused, began shouting... They beat me a 
lot; they told me that if I refused they'd kill me and my family back in 
Kosovo .... I was so afraid. I was in Italy illegally. I couldn't ask for help."(122) 
    Prompt and effective action is needed to minimize the risk that young 
women from Kosovo will be drawn into illegal migration that will in turn 
expose them to the risk of abuse and exploitation, including, in particular, 
vulnerability to trafficking and associated human rights abuses. 
    Such action must address the gender dimensions to increasing poverty in 
Kosovo, the failing education system, and high levels of family violence and 
widespread violence against women. 
    
    Chapter 3: Responses to trafficking - law enforcement and criminal justice 
    
    In the absence of the rule of law when UNMIK arrived in Kosovo, UNMIK's 
mandate included the establishment of a police force and a functioning 
criminal justice system. It was faced with continuing human rights abuses, 
including the murder and abduction of members of minority communities, 
political killings within the ethnic Albanian community and other serious 
crimes, and the failure of UN member states to provide the resources and 
personnel to police Kosovo. As a result, UNMIK failed to address trafficking 
systematically until November 2000, when the Trafficking and Prostitution 
Investigation Unit (TPIU) was established within UNMIK police. 
    
    Raids, arrests and deportation 
    
    UNMIK's initial response in the period from 1999 to 2000 appears to have 
been to try to control prostitution - which is illegal in Kosovo - rather than 
addressing the issue of trafficking. This was done predominantly through raids 
by UNMIK Police and KFOR on premises where trafficked women were believed to 
work. UNMIK police also arrested women for immigration or documentation 
offences at borders and within Kosovo. However, the traffickers themselves 
were rarely targeted. 
    Raids were conducted by UNMIK police in conjunction with KFOR,(123) often 
with the assistance of military police forces, responsible to their respective 
KFOR contingents, including Italian carabinieri, French gendarmerie or other 
specialized armed forces. 
    In 1999, in the absence of procedures to identify and protect victims of 
trafficking, women appear to have been routinely detained and subsequently 
charged with prostitution, or other offences. UNIFEM reported on three raids 
by military police or KFOR in the absence of UNMIK police, where apparently no 
attempt was made to establish whether the women were victims of trafficking or 
to determine their assistance needs. Following a raid in Mitrovic/a, for 
example, two Serbian women and two Ukrainian women, all believed to have been 
trafficked, were detained and then released after three weeks "because no one 
would take responsibility for them". One was a 16-year-old girl. In 
Prishtin/Pri&#353;tina, carabinieri raided a brothel near the airport, 
removed young women present but failed to take action to arrest the owners. In 
the third case, UK Royal Green Jackets (part of KFOR) raided a bar in 
Prishtin/Pri&#353;tina, but apparently made no efforts to identify whether 
women had been trafficked until a foreign civilian present said that they 
should "check if they have their passports".(124) 
    In early 2000, following the establishment of IOM's Counter-Trafficking 
Program in Kosovo, the IOM introduced procedures for the identification and 
protection of victims of trafficking arrested in such raids. By the end of 
April 2000 some 50 women had reportedly been repatriated by the IOM. However, 
procedures to identify trafficked women were not always routinely applied by 
UNMIK police, and women reasonably believed to have been trafficked continued 
to be charged with prostitution. 
    By February 2001, just four persons had been convicted under Article 251 
for "intermediation into prostitution".(125) 
    
    Trafficking and Prostitution Investigation Unit 
    
    In November 2000, the Trafficking and Prostitution Investigation Unit 
(TPIU) was established within UNMIK police, coordinated from 
Prishtin/Pri&#353;tina and comprised of five regional units. Its aims were to 
gather intelligence and construct a database of information on premises and 
suspects thought to be involved in trafficking, and to identify "women working 
in these circumstances" in order to assist in the prosecution of those 
believed to be responsible for trafficking. The TPIU was staffed, from its 
inception, by both international police officers and members of the Kosovo 
Police Service (KPS). 
    The newly formed unit rapidly launched a series of raids throughout 
Kosovo, in conjunction with KFOR. The Trafficking Regulation 
    On 12 January 2001 the SRSG promulgated UNMIK Regulation 2001/4, On The 
Prohibition Of Trafficking In Persons In Kosovo. The Trafficking Regulation 
bases its definition of trafficking on the Trafficking Protocol.(126) 
    Section 2 of the Trafficking Regulation criminalizes those engaging in 
trafficking, and applies penalties of between two and 12 years' imprisonment; 
where a minor is trafficked, the maximum penalty is set at 15 years' 
imprisonment. Under the Regulation, those convicted of organizing trafficking 
are subject to penalties of between five and 20 years, and those facilitating 
trafficking are also covered. Section 3 makes provision for the conviction of 
those withholding the identity papers of trafficked women. 
    Significantly, the Regulation also addresses the issue of demand, 
criminalizing those who knowingly use or procure the services of a trafficked 
person; defendants who are convicted may be sentenced to between six months 
and five years' imprisonment; where the person is a minor, the maximum penalty 
rises to 10 years' imprisonment. 
    The Regulation also includes a number of measures intended to protect the 
rights of trafficked women. These include: provisions that ensure that their 
right to voluntary repatriation should not be delayed by the investigative 
process; provisions for witness protection; and a prohibition against a 
victim's past history being used as evidence in court, except in camera after 
an application by the defence; and provisions for trafficked women to be 
granted residence in Kosovo. These provisions are discussed in more detail below. 
    Section 11 provides that trafficked persons are not criminally responsible 
for charges of prostitution or illegal entry into Kosovo. However, this 
provision places the onus on the woman to provide evidence to support a 
reasonable belief that she is a victim of trafficking. Further measures set 
out in Section 10 aim to ensure a coordinated program of assistance, but only 
if the woman provides sufficient evidence that she has been trafficked. 
Section 10 remains to be implemented. 
    The lack of consultation with local prosecutors and judiciary during the 
drafting of the Trafficking Regulation, and the failure to ensure training of 
all members of the judiciary have resulted in problems in both the 
interpretation and the implementation of this law. 
    
    After the Trafficking Regulation 
    
    "Women are treated as criminals and as prostitutes, the men don't see them 
as victims," Amnesty International interview with KPS officer. 
    Despite the promulgation of the Trafficking Regulation, Amnesty 
International is concerned that neither UNMIK Police, the KPS nor the 
judiciary were fully informed of its provisions and consequently failed to 
implement its provisions, including measures for the protection of trafficked 
women. As a consequence, both law enforcement officers and the judiciary 
failed to identify women believed to have been trafficked. Section 8 of the 
Regulation provides that a person who supplies evidence to support a 
reasonable belief that they are a victim of trafficking with a defence against 
prosecution for prostitution or illegal entry into Kosovo. Despite this 
provision, trafficked women have continued to be arrested and prosecuted for 
border or status violations, or charged with prostitution offences following 
raids by UNMIK police, without what appears to have been adequate 
investigation into their circumstances or status. In some cases, they have 
subsequently been sentenced to 10-30 days' imprisonment and deportation 
orders. Women arrested in routine bar inspections were also sentenced and deported. 
    In 20 cases monitored by OSCE Legal Systems Monitoring Services (LSMS) in 
2001, LSMS observed that judges failed to respect this protection against 
prosecution for prostitution or status offences provided to suspected victims 
of trafficking. The judiciary argued that there had been no proceedings in, 
for example, the relevant District Court to establish that the women were 
victims of trafficking. In other cases they claimed that the Trafficking 
Regulation failed to set a standard of evidence whereby women could establish 
their status as a victim. Elsewhere, judges who sentenced four foreign women 
to 15-20 days' imprisonment on charges of illegal border crossing from 
Macedonia, and a two-year deportation order, informed LSMS that they had never 
seen the Trafficking Regulation.(127) 
    In 2002, almost 100 foreign women were arrested by TPIU personnel, 20 for 
prostitution, 25 for possession of false documents, 22 for illegal border 
crossing and 10 for soliciting or procurement; Amnesty International has been 
unable to obtain figures for the numbers of women convicted, sentenced to a 
period of imprisonment and deported. (128) 
    However, the numbers of women arrested and deported declined from 
2002,(129) a policy change driven not by the need to protect the rights of 
trafficked women, but according to TPIU, by a lack of enforcement powers for 
deportation orders made by the courts.(130) 
    By December 2003, some 33 women had been arrested for prostitution and six 
for possession of false documents, including a woman, trafficked into Kosovo, 
who told Amnesty International that, having left her "boyfriend": "I went to 
the police station because I had a false passport, and they said, 'Why did you 
not tell us this before?' I said, 'It's your job, not mine'. I spent 14 days 
in prison in Prizren, and six days in Lipjan. After five months I had to go to 
court to testify about how I got the false passport."(131) 
    Amnesty International is concerned that in these and other cases, there 
appears to have been no adequate inquiry into the status of these women, 
despite reasonable grounds to suspect that, in many cases, they had been 
trafficked. As the OSCE Office for Democratic Institutions and Human Rights 
(ODIHR) has reported, externally trafficked women across the region tend to be 
recognized as victims only if they choose to participate in the IOM 
repatriation program; those who - for various reasons - do not wish to be so 
identified or who the authorities fail to identify, are subsequently either 
criminalized or left to return to prostitution. 
    The police or TPIU rarely provided these arrested women with access to a 
lawyer or with appropriate interpretation services. The judiciary, in 
convicting and sentencing these women, failed to implement the provisions of 
the Regulation and served to criminalize women trafficked into Kosovo. In all 
such cases - including those of possible prostitution or status offences - 
women should be guaranteed all the rights to which detainees are entitled when 
they are arrested, including the right to legal assistance. 
    
    Different Strategies 
    
    Since the passing of the Trafficking Regulation, the TPIU have adopted a 
number of different strategies to address the issue of trafficking. 
    In early 2001, a system of registering foreign women working in bars and 
suspected of prostitution was adopted throughout Kosovo by the TPIU. This 
strategy had been used by UNMIK police in the Gnjilane/Gjilan region from 
March 2000, and had resulted in their subsequent deportation.(132) 
Registration is conducted by TPIU officers, who ask the woman to complete - in 
her own language - personal details, including her name, place and date of 
birth, place of work, job and address in Kosovo. The link to deportation was abandoned. 
    Registration was designed as an investigative tool, identifying bars and 
other premises in which women were suspected of working in (forced) 
prostitution, and the identity of the traffickers who could be associated with 
such premises, in order to gain evidence, "so that the most prosecutable cases 
may be prosecuted". 
    The former Head of the TPIU told Amnesty International that registration 
also provides them with access to potential "victims of trafficking", allowing 
officers to explain to registered women that they "could be in danger of being 
forced into prostitution and the dangers of having been trafficked into the 
country"; and that in making regular visits to such premises, the TPIU were 
able to provide women with the opportunity to report criminal behaviour 
against them. (133) 
    The TPIU also uses registration to monitor the re-trafficking of women, 
transferred or sold by their owners to other "owners" in Kosovo, or sometimes 
Macedonia. The TPIU informed Amnesty International of the case of a young 
woman who had been able to ring them to inform them that she was just about to 
be sold; TPIU subsequently conducted an operation to remove her from the premises.(134) 
    By the end of 2001, the TPIU database included some 1028 women, some 
listed under the registration scheme, others identified in the course of "TPIU 
investigations, uniform patrol vehicle stops, KFOR patrols and border police". 
Another 1727 women were listed in 2002, and a further 1096 in 2003.(135) 
    On 6 July 2001, 11 women from Romania, Moldova and Ukraine, who were 
working as dancers at the Miami Beach Nightclub in Prishtin/Pri&#353;tina, 
were interviewed by TPIU investigators and were "advised to register". UNMIK 
reported that: "No arrest or seizure was made in this case. Such operations 
will continue in future to keep tabs on the women perceived to be at a high 
risk for subjection to prostitution. The registration of such target groups 
with the TPIU would help monitor their movements and activities better and 
serve as an insurance against their possible exploitation."(136) In response 
to a complaint by two of the women, the TPIU subsequently initiated an 
investigation into their allegations. However, the women remained at the club 
for another month before the owner and his assistant were arrested. 
    Amnesty International considers that in some cases the registration system 
fails to protect the rights of trafficked women by leaving them working in 
bars and other premises, where they are vulnerable to further abuses of their 
human rights, until sufficient evidence for prosecution is gathered against 
their "owners". 
    In the Miami Beach case women were able to alert the police; however, 
Amnesty International was informed in 2003 by organizations working with 
trafficked women that an apparently "friendly" relationship between the TPIU 
and other police, and the bar owners made it difficult for women to trust the 
police. They reported that women perceived regular police visits to the bars - 
without any apparent action - as legitimizing their forced prostitution, and 
some believed that the police colluded with their trafficker in keeping them 
there. A trafficked woman told Amnesty International: "Lots of police came 
every day and they were friends with the bar owner. UN police came twice. The 
rest of the time it was KPS, mostly. A police officer came and asked me to go 
outside. He asked me questions but I couldn't say anything because of the 
owner's threats. His girlfriend spoke my language, and the owner made me write 
down everything that I had said to the police. There was a registration 
process. The owner, the girls and the policemen all [sat] together, so that we 
could hear everything that everyone was saying."(137) 
    This woman told Amnesty International how difficult it had been to convey 
to a TPIU officer that she wanted to escape: "The police spoke English, then 
Serbian. We talked carefully and I told him to say to me, 'You have to come 
with us'." Amnesty International is particularly concerned that girls under 18 
make up between 15 and 20 per cent of those registered, and that rather than 
removing girls suspected of being trafficked, the TPIU allowed them to remain 
in the bars. (138) In response to the organization's concerns, the TPIU told 
Amnesty International that in some cases they did contact the IOM, but no 
attempt was made by the TPIU to remove them: "If you put the minor in the 
shelter she escapes and you find her in the bar again. They run away from home 
and they run away from the shelter."(139) 
    Amnesty International is concerned that registration, which is primarily 
used as an investigative tool, allows women and girls believed to have been 
trafficked to remain in the bars, vulnerable to further abuses, until such 
time as evidence is gathered against their "owners". Rather than a measure to 
protect the rights of trafficked women, the registration process occurs in the 
presence of their "owner", and is not conducive to women being safely able to 
identify themselves as a victim of trafficking. Further, because of the 
apparently friendly relations between the bar owners and the police, 
registration appears, in the women's eyes, to legitimize their forced prostitution. 
    
    Border Policing 
    
    Measures to control trafficking through the identification of trafficked 
women or the arrest of suspected traffickers at the borders have been 
relatively ineffective. Few trafficked women have been identified, either at 
the international borders or on the administrative boundary line between 
Kosovo and Serbia proper, even though they are covered by 12 police stations 
and regular KFOR patrols. (140) 
    The suspension by the Special Representative of the UN Secretary-General 
in 2002 of the Law on Movement and Stay of Foreigners,(141) which provided for 
the earlier arrests and deportation of persons found unlawfully in Kosovo, 
effectively prevented border police from refusing entry or making arrests, 
except under UNMIK Regulation 2001/10 or for document offences, without clear 
evidence of trafficking. However, in cases where the Border Police are able to 
identify women or girls who they suspect are being trafficked, they interview 
them separately, in order to establish where they may be travelling to, and 
then notify the TPIU, who may take appropriate action. On 13 May 2002, for 
example, two men were arrested shortly after crossing the border and handed 
over to the TPIU. Their two female Ukrainian passengers - who had been beaten 
and raped - were provided with shelter.(142) Closure of premises 
    In October 2003, despite the arrest of a client and a woman (who the TPIU 
knew had been trafficked) in the act of sex, and the client's testimony that 
his friends had purchased the woman's sexual services for him, the 
investigative judge refused to issue an order to close the premises. The woman 
was subsequently convicted of prostitution and sentenced to 20 days' 
imprisonment. When Amnesty International asked why they had brought charges 
against the woman for prostitution, the TPIU replied: "Some of the women have 
given up being victims; they just get on with it". The client was not charged 
under the Trafficking Regulation. (143) 
    Section 6.2 of the Trafficking Regulation provides an investigative judge 
with the power to close premises believed to be involved in or associated with 
trafficking; however, the numbers of premises closed has been low in 
comparison to the number of raids carried out: in 2002, 370 raids resulted in 
the closure of 61 premises, many of which later reopened; in 2003, TPIU 
investigations resulted in the closure of some 57 premises.(144) TPIU 
expressed their frustration to Amnesty International that the judiciary 
appeared reluctant to close premises notwithstanding their powers under 
applicable law. 
    The organization notes that applicable law in Kosovo prohibits the 
employment of persons under 18 years of age in "work, which by its nature, or 
the circumstances in which it is carried out, is likely to jeopardize the 
health, safety or morals of a young person".(145) The organization is only 
aware of one instance in which this legislation has been used as a 
justification for bar closure(146) and urges the authorities to make further 
use of these measures where there are reasonable grounds to suspect that girls 
working on those premises may have been trafficked into forced prostitution, 
or may be at risk of being trafficked. 
    In June 2001 the TPIU adopted a strategy of having police accompany local 
municipal fire-safety and health regulation inspectors in conducting random 
examinations of bars and cafes and questioning customers and women found at 
those businesses. For example, a joint Fire-Health-Police inspection team 
conducted examinations of several bars in Prizren suspected of being venues 
for prostitution, which resulted in the closure of one for health violations 
and the recovery of four 20-year-old Moldovan women. Although this strategy 
has been effective in Prizren municipality, not all municipal authorities have 
been so willing to collaborate with the TPIU. 
    However, where such premises have been closed, some owners have merely 
transferred their operation to a different location. Increasingly, there is 
evidence that in order to avoid disruption to their business, traffickers have 
removed women from the bars to private apartments. Clients now visit the bar, 
caf or restaurant, buy sex (usually by purchasing an expensive item on the 
menu), and are then taken, or given the address, of a private house, flat or 
hotel room, where trafficked women are kept. 
    
    Undercover operations 
    
    Although the TPIU considers that bar raids were initially an effective 
strategy, frustrated by the lack of progress and the doubling of the number of 
premises involved in prostitution between 2002 and 2003 (147) in June 2003 
TPIU decided to largely abandon raids, and to move towards an investigative 
strategy based on undercover operations and surveillance, conducted in 
conjunction with the Kosovo Organized Crime Police and the Central Criminal 
Investigation Unit.(148) 
    By July 2003, TPIU had carried out 14 undercover operations resulting in 
six arrests of suspected traffickers. On 17 June 2003, in an undercover 
operation to investigate the Restaurant California in Prizren, a plain-clothes 
KPS officer confirmed the suspicion that prostitution services were being 
offered to customers, and that restaurant staff were directly involved. 
Subsequently, the restaurant's manager and two women were arrested and six 
other women working in the restaurant were detained for questioning. The TPIU 
subsequently applied for the permanent closure of the restaurant.(149) 
    
    Addressing Demand 
    
    Amnesty International notes that little has been done to address the 
demand for the services of trafficked women in Kosovo. The TPIU has rarely 
arrested men suspected of "knowingly" using the services of a trafficked woman 
under Section 10 of the Trafficking Regulation. 
    However, the TPIU indicated to Amnesty International that it intends to 
pursue UNMIK and KFOR personnel suspected of violating Section 10 more 
rigorously, and has adopted a new strategy to ensure that international 
civilian staff working for KFOR international contractors be included. One 
contractor was arrested in October 2003, but was subsequently dismissed and 
repatriated; criminal proceedings were not brought against him.(150) 
    Some Albanians suspected of knowingly using or procuring the services of 
trafficked women - mainly in cases involving girls - had been arrested, but 
the TPIU reported there had been difficulties in gathering enough evidence to 
bring cases to trial. 
    Amnesty International was informed by the TPIU that they continue to be 
hampered in their efforts by lack of funding and equipment, particularly for 
both training and equipment for undercover operations. 
    Although women have been enabled to leave their situation as a result of 
UNMIK's anti-trafficking strategies, UNMIK police have failed to address the 
problem of trafficking in Kosovo satisfactorily. The number of establishments 
where trafficked women are thought to work (and the number of women 
trafficked) has increased, and the numbers of perpetrators brought to justice 
remains low. Despite the provisions of Section 4 of the Trafficking Regulation 
which criminalizes those who knowingly use or procure the services of 
trafficked women, UNMIK has singularly failed to address the issue of demand 
for the services of trafficked women. (151) Meanwhile, significant numbers of 
women, considered by the TPIU to have been trafficked, have been prosecuted 
rather than protected. 
    UNMIK police and the judiciary need to ensure that the rights of 
trafficked women are fully respected within the criminal justice system, so 
that having escaped one set of human rights abuses, trafficked women are not 
subject to a second set of violations at the hands of the authorities. 
Criminal proceedings against traffickers 
    The number of prosecutions of men suspected of involvement in trafficking 
is low in comparison to the number of raids and other operations conducted by 
TPIU. This may, in part, be explained by the understandable reluctance of most 
trafficked women - borne out of the trauma they have already suffered and 
continued fear of their traffickers - to give evidence in criminal 
proceedings. There is evidence to suggest that many externally trafficked 
women prefer to be repatriated as quickly as possible, rather than waiting 
until the arrest of their trafficker and then taking part in criminal 
proceedings against their traffickers. 
    Recognizing this, Section 5.1 of the Trafficking Regulation provides that 
"[t]he taking of a statement by a law enforcement officer or investigating 
judge shall in no way inhibit or delay the voluntary repatriation of an 
alleged victim of trafficking". This provision is a source of tension between 
the IOM, as the repatriating organization, and the TPIU and the Department of 
Justice and, who consider that the rapid repatriation of potential witnesses 
provides a barrier to successful prosecutions. Given, as the TPIU acknowledge, 
the majority of women do not wish to take part in criminal proceedings - "they 
just want to get out of here" - it remains to be seen whether improved witness 
protection measures would encourage women to stay and testify. At the time of 
writing, in the absence of an adequate witness protection programme, it is 
safer for externally trafficked woman and girls to leave the country. For 
internally trafficked women, solutions are more complex. 
    According to the TPIU, in 2001 some 52 indictments were brought against 
suspected traffickers. By the end of 2001, based on reports in 25 of these 
cases, 15 had resulted in a conviction for trafficking offences, five in the 
release or acquittal of the suspect, and five proceedings were continuing. In 
2002, a further 92 charges were brought to the attention of the courts. Based 
on reports in 68 of these cases, some 27 people had been convicted, 19 had 
been acquitted or released and some 22 remained before the courts. Some 60 
further charges were brought in 2003; by the end of the year some 16 people 
had been convicted, 18 had been acquitted or released and some 26 remained 
before the courts.(152) 
    Overall figures provided to Amnesty International by the Department of 
Justice, however, differ. According to the Department of Justice, by December 
2002, some 80 trafficking cases had been filed under the Trafficking 
Regulation. Of these, 45 had been completed, resulting in the conviction of 
some 76 suspects; a further eight were either acquitted or the charges against 
them dropped. 
    Although under the Trafficking Regulation the minimum sentence upon 
conviction for engaging or attempting to engage in trafficking is two years - 
and five years for a person convicted of organizing a group for the purpose of 
trafficking(153) - the sentences handed down by the courts by the end of 2002 
ranged from four months to six years, with 88 per cent being between four 
months and three years. 
    Explanations for the failure to impose at least the minimum sentences set 
out in the Trafficking Regulation are contested. Members of the international 
community have alleged that Kosovar Albanian judges ruling on these cases lack 
understanding of the Trafficking Regulation, and of the gravity of the crime, 
but also acknowledge that some are subject to pressure by the traffickers. 
Some Albanian members of the judiciary have stated that their reluctance to 
impose heavier sentences is informed by concerns for their own security. Until 
2003, UNMIK Department of Justice policy appeared to be that trafficking cases 
were, wherever possible, conducted by international prosecutors and judges, 
who were provided with security escorts. (154) However, the presence of an 
international judge in trafficking cases also did not always result in the 
imposition of the minimum sentence following conviction. 
    During sentencing hearings lawyers representing suspected traffickers 
often successfully argued mitigating circumstances on grounds including the 
age or marital status of the suspect, or the absence of any previous 
convictions. In one case, a man found guilty of two counts of trafficking and 
two counts of the withholding of identification papers, under Sections 2.1 and 
3 of the Regulation, was sentenced to three years' imprisonment, on the 
grounds that, "the accused supposedly has not been convicted so far, that he 
had a sort of simple mind, he is not well educated, lives on his own without 
any family left that could give him support and directions for his life, that 
he had a poor financial status, that he never forced T. and M.[trafficked 
women] to have sex with him, that he had beaten them, but not several [times]; 
that he had taken [their] identification papers, but not from the beginning." 
(155) Amnesty International notes, however, that a 17-year old girl convicted 
of trafficking other minors, was sentenced to serve up to five years in an 
educational correctional institution.(156) 
    Amnesty International notes that members of the international and Kosovar 
judiciary have failed in the majority of cases to impose sentences according 
to the provisions of the Regulation, and which match the gravity of the 
criminal offences and the human rights abuses suffered by the victims.(157) 
    In many of these cases, the acquittal of the accused or the imposition of 
a sentence below the minimum provided for in the Trafficking Regulation has 
been attributed to the fact that the trafficked woman was not present to 
testify in court trial proceedings, the majority having either been 
repatriated or unwilling to testify. 
    Those who have been prepared to give evidence were able to do so under 
provisions of the Criminal Procedure Code which allow for a witness or injured 
party to make a statement to the investigative judge.(158) Such statements may 
then be read into the evidence during the trial, provided that the defence 
counsel has been afforded the opportunity to cross-examine the witness.(159) 
However, according to information available to Amnesty International such 
statements are less likely to carry the weight of statements from defence 
witnesses who appear in court.(160) 
    Under the new criminal procedure code, which entered into force on 6 April 
2004, investigations will be carried out by the police and the office of the 
public prosecutor, and only limited provision has been made in law for the 
provision of testimony before an investigative judge. (161) Amnesty 
International is concerned that this may mean that the statements of 
externally trafficked women, who do not wish to take part in trial proceedings 
before they are repatriated, may not be considered admissible. Consideration 
must therefore be given to the introduction of further special measures for 
the provision of testimony by victim-witnesses, which protect their rights, 
but do not compromise the defendant's right to a fair trial. 
    
    Chapter 4: Protection and support for trafficked women and girls 
    
    Assistance to all trafficked women, regardless of whether they participate 
in criminal proceedings, is fundamental to ensuring respect for and protection 
of their rights, including enabling them to become active agents in 
determining their own future and in ensuring their access to redress, 
including reparation, for the human rights abuses to which they have been 
subjected. The right to assistance 
    International standards require states to provide appropriate protection 
and support services for women who are victims of violence. General 
Recommendation 19 of the UN CEDAW requires states to provide: "Appropriate 
protective and support services" and "Protection Measures, including refuges, 
counselling, rehabilitation and support services for women who are the victims 
of violence or who are at risk of violence".(162) UNHCHR Guideline 4.5 
counsels states to "ensure that entitlement to such information, assistance 
and immediate support is not discretionary but is available as a right for all 
persons who have been identified as trafficked".(163) 
    Amnesty International also notes that Articles 6 and 7 of the Trafficking 
Protocol make provision for the support, assistance and protection of victims 
of trafficking, as do Articles 24 and 25 of the Convention on Transnational 
Organised Crime. However, these provisions merely require state parties to 
"consider implementing" them "in appropriate cases". In Kosovo, provisions for 
both "victim protection and assistance" are set out in Section 10 of the 
Trafficking Regulation. 
    Some three years after the promulgation of the Trafficking Regulation, 
Amnesty International is concerned that an Administrative Directive (AD), 
intended to provide guidance on the implementation of Section 10 of the 
Regulation, is yet to enter into force.(164) The organization is also 
concerned that the text of the draft finalized in September 2003, which had 
been due to enter into force on 1 October 2003,(165) failed to provide 
adequate recognition of the rights of victims of trafficking to assistance, 
and an enforceable right to compensation. 
    The September 2003 draft of the AD sets out the procedures by which a 
trafficked woman may apply for assistance and reparation. It requires a 
trafficked woman to make an application, providing supporting documentary 
evidence, to the Victim Assistance Coordinator (VAC) in order to receive the 
free assistance of an interpreter and legal counsel; temporary safe housing, 
psychological, medical and welfare assistance; assistance with reintegration 
and/or return; financial assistance and reparations. Decisions are to be made 
by the VAC within 30 days of the application. 
    Amnesty International is concerned that the bureaucratic layers created by 
this procedure, and the absence of concomitant obligations to advise a victim 
of her rights, may undermine her enjoyment of those rights. 
    The organization is particularly concerned that such procedures are 
creating new obstacles to the enjoyment of these rights given that, at the 
time of writing, all of these services, with the exception of legal advice and 
access to compensation, are already provided by international and domestic 
organizations whose work is described later in this chapter. Amnesty 
International believes that the introduction of an application process for 
such assistance may, in practice, be inconsistent with CEDAW General 
Recommendation 19, and with UNHCHR Guideline 9.1 which requires that: "victims 
of trafficking have an enforceable right to fair and adequate remedies, 
including the means for as full rehabilitation as possible. These remedies may 
be criminal, civil or administrative in nature". 
    The AD also places a responsibility on a trafficked woman to provide 
evidence "to support a reasonable belief" that she has been trafficked. 
Amnesty International is concerned that this imposes an unnecessary burden on 
a trafficked person, and notes in this regard that it is likely that a woman 
who is aware of the requirement to make such an application in order to access 
services and assistance will already have been identified by the TPIU, OSCE 
and either the IOM or, for example, the CPWC, as a "victim of trafficking". 
The previous draft AD, dated April 2002, did not include provisions requiring 
a trafficked woman to undergo a procedure to qualify for assistance, but 
rather conceived the role of the VAC as coordinating the provision of 
assistance by a number of different NGOs, UNMIK and the PISG; the organization 
recommends that the current draft be amended to reflect such provisions of the 
April 2002 draft. 
    In providing for a decision on assistance to be made within 30 days, the 
AD also fails to recognize that trafficked persons require immediate support 
following their "rescue" or escape from a trafficking situation (as is the 
current practice in Kosovo). Even an expedited process, in which a decision is 
made within three days, as envisaged in Section 7, in Amnesty International's 
view, may not respond adequately to the urgency of the need for assistance and 
services for trafficked persons. In this respect Amnesty International notes 
that Recommendation 13 of the Brussels Declaration recognizes that trafficked 
women require immediate assistance and protection.(166) 
    The composition of the panel envisaged in the appeals procedure raises 
further concerns.(167) In particular, the organization is concerned that there 
is a risk that the trafficked woman's right to confidentiality will be 
compromised by making confidential information available to a wider audience 
than should be necessary, thus exposing the woman to further risk of 
repercussions.(168) The organization also notes that the TPIU have expressed 
concerns that this procedure could compromise their investigations, by making 
details relating to traffickers available to the panel, and placing shelter 
staff at even further risk.(169) 
    Although the organization welcomes a mechanism that makes provision for 
reparations outside of a judicial procedure, Amnesty International is 
concerned that both the awarding of assistance and the provision of 
reparations are not only subject to an assessment of the means of the 
trafficked woman - although the details of how these should be assessed are 
not set out in the draft - but also dependent on available resources, which 
the VAC has admitted are very limited.(170) 
    Amnesty International is also concerned that responsibility for 
implementation of the AD will lie with the Department of Justice, rather than, 
for example, with the Department of Health and Social Welfare, which would 
appear to be a more appropriate location for the provision of assistance and support.(171) 
    Following meetings with the Victim Advocates and Assistance Unit (VAAU) in 
March and September 2003, in which the organization raised its concerns, in a 
subsequent telephone conversation with the UNMIK Office of Legal Affairs in 
November 2003, the Senior Advisor to the Deputy SRSG indicated that Amnesty 
International's concerns about the requirement that trafficked women apply 
assistance would be addressed, although no specific assurances were given.(172) 
    In light of these concerns Amnesty International urges UNMIK to amend the 
September 2003 AD so as to ensure that trafficked women and girls receive 
immediate and appropriate assistance, without having to make a formal 
application. The organization recognizes, however, that some coordination is 
necessary to enable a trafficked woman to realize her rights to reparation, 
given that so few trafficked women are able to do this through criminal or 
civil proceedings against traffickers. 
    Amnesty International also notes that the draft AD makes no specific 
provisions for children who are victims of trafficking. The organization urges 
that UNMIK ensure that the AD be amended to include specific measures to 
safeguard the best interests of trafficked children, for whom there should be 
an immediate enjoyment of the right to assistance and adequate compensation. 
    
    Qualifying for assistance 
    
    Approximately 50 per cent of women who access shelters have been "rescued" 
by the police in raids; others - through their own agency, or with the help of 
others - who manage to escape, or are occasionally allowed to leave by their 
traffickers, may be referred to shelters by other NGOs and agencies. (173) The 
status of women who have been "rescued" in police raids is determined in the 
course of a series of up to three interviews conducted at a police station. 
These interviews are conducted, often in the early hours of the morning, 
without the presence of a lawyer. 
    When women are removed from bars they are arrested and treated as criminal 
suspects until they can prove otherwise. However, they are not given the 
rights to which detainees are entitled under applicable law, including access 
to a lawyer; furthermore, children are interviewed without the presence of a 
legal guardian (see below). They will be deprived of their liberty unless and 
until they can establish that they are victims of trafficking. 
    A police spokesperson described the detention of women as a "soft form of 
arrest", claiming that a formal arrest process would traumatize them 
further.(174) However, local NGOs have reported to Amnesty International that 
the TPIU and other international police officers often failed to treat these 
women and girls as victims of crime, instead, for example, they have referred 
to internally trafficked girls as "prostitutes".(175) 
    Under the "Standard Operating Procedure" (SOP),(176) externally trafficked 
women are first interviewed by the TPIU to establish whether they have been 
trafficked. If a woman is identified as a trafficked woman, the TPIU then 
contacts the OSCE Regional Trafficking Focal Point,(177) who conducts a 
further interview with the woman and makes a decision as to whether she should 
be referred to the IOM. If so, she is taken to Prishtin/Pri&#353;tina for a 
further interview to establish if she is eligible for IOM assistance, and 
willing to enter the IOM repatriation program. As noted below, there are no 
special procedures within the SOP for externally trafficked children. 
"Sometimes the women decide [to repatriate] immediately, but in other cases we 
have to stay for a couple of hours to convince her."(178) 
    The IOM seeks to ensure that women are willing participants in the 
repatriation program, and understand that they will be taken to a closed 
shelter and effectively detained until repatriation. The IOM have, since 2000, 
conducted over 700 screening interviews, but have observed in 2003 that fewer 
women wished to accept their services. (179) 
    Some women do not wish to be repatriated: some are afraid that by being 
repatriated by the IOM they will be too easily identified as victims of 
trafficking when they return home, fearing reprisals from their traffickers, 
their family or their community. For women who do not want to enter the 
repatriation program but wish to return to their home country, IOM provides a 
limited mini-program, assisting women in obtaining the necessary travel documents.(180) 
    Trafficked women who choose not to identify themselves as victims of 
trafficking or who cannot at the time of interview decide whether they wish to 
be repatriated are excluded from the IOM assistance program, although they are 
given a telephone number to ring if they change their minds. Some provision is 
made at the Interim Secure Facility (ISF, see below) shelter for externally 
trafficked women who do not immediately wish to be repatriated. 
    For those unable or unwilling to be identified as victims of trafficking, 
there is little protection, counselling or other services, since the demise of 
the mobile health-clinics run by the United Methodist Committee on Relief 
(UMCOR, see below). If they are arrested, they have little option following 
their release but to return to the bars. For example, the TPIU informed 
Amnesty International of a woman who was sentenced to four months' 
imprisonment for prostitution.(181) After her release, she wanted to return to 
her home country, but was unable to get a passport, nor did the police have 
powers to deport her. "She is now trapped in a vicious circle. There is no 
possibility for her to leave Kosovo and she remains working here in a bar. 
There are no embassies or offices of other countries in Pristina, and although 
there are such things in Belgrade, they are not allowed to go across the 
border in order to access their embassies, so they just go back to the bars." (182) 
    Amnesty International has several concerns about this process. Women face 
interviews by the police and others in unfamiliar surroundings, often shortly 
after raids and arrest, often without any female police officers present, and 
without any legal representation. Within hours of their arrest, they have to 
decide whether to enter a repatriation program. Furthermore, there are no 
special procedures for girls under 18. 
    Internally trafficked women are similarly interviewed by the TPIU, then 
caseworkers from a local NGO and then referred to a shelter for assistance. At 
the end of March 2004, a Standard Operational Procedure for internally 
trafficked women and girls had not yet been agreed. Support and assistance for 
girls "Children who are victims of trafficking shall be identified as such. 
Their best interests shall be considered paramount at all times. Child victims 
of trafficking shall be provided with appropriate assistance and protection. 
Full account shall be taken of their special vulnerabilities, rights and 
needs". Principle 10, 
    
    UNHCHR Principles and Guidelines. 
    
    International standards call for measures additional to those identified 
for adults to protect the rights of children who are trafficked, and ensuring 
in accordance with Article 3(1) of the Children's Convention that "the best 
interests of the child shall be a primary consideration".(183) 
    Under applicable law in Kosovo responsibility for the protection of all 
children - including trafficked girls - lies with the PISG Ministry of Labour 
and Social Welfare.(184) A model agreement exists between the Ministry of 
Labour and Social Welfare and the child protection shelters in 
Prishtin/Pri&#353;tina and Prizren (see below), which specifies procedures to 
be undertaken and criteria to be applied in cases of emergency and planned 
admissions these shelters.(185) Further procedures developed in 2003 by the 
Ministry to identify and protect internally trafficked girls, including some 
very young children, are not yet adequately defined or fully operational. 
    Until early 2003, internally trafficked girls were taken directly into the 
care of the CPWC. The new procedures, initiated by the Department of Social 
Work, involved the assignment of a case-worker, and where necessary a legal 
guardian, for each child. A 24-hour "on-call" system was established, so that 
social workers might be called out to police stations to conduct an 
assessment, and to refer girls to an appropriate shelter.(186) However, 
according to the TPIU and shelter NGOs, social workers have not always been 
available, an allegation accepted by the Department of Social Welfare. In some 
cases girls have been detained overnight at police stations as a result, 
including in November 2002, when several Kosovar Albanian girls were detained 
without even their parents being notified.(187) The organization notes that 
the capacity of the regional Centres for Social Work (CSW)(188) to address 
cases of trafficked girls has been called into question by the OSCE.(189) 
    These still limited provisions apply only to internally trafficked 
children, and there are no specific procedures for externally trafficked girls 
within the IOM program, as recommended by the United Nations Children's Fund 
(UNICEF). (190) 
    
    Shelters 
    
    States shall ensure that trafficked persons are protected from further 
exploitation and harm and have access to adequate physical and psychological 
care. Such protection and care shall not be made conditional upon the capacity 
or willingness of the trafficked person to cooperate in legal proceedings." 
Paragraph 8, UNHCHR Recommended Principles and Guidelines. 
    In Kosovo, provision is made, under Section 10.1 (c) of the Trafficking 
Regulation, for trafficked women to receive temporary safe housing, 
psychological, medical and social welfare. Until June 2003, this was provided 
by shelters run in cooperation with the IOM, the CPWC and other NGOs in 
Kosovo. In June 2003, under a Memorandum of Agreement between OSCE and UNMIK, 
and pursuant to the Regulation, the Interim Secure Facility (ISF) was opened, 
and is run by the Department of Justice VAAU. By March 2004, the ISF had 
provided shelter to 10 women - both internally and externally trafficked 
including seven women yet to make a decision about whether they wished to 
enter the IOM repatriation program.(191) 
    Although the stated aim of the ISF was to encourage the cooperation of 
victims of trafficking with law enforcement agencies, it would appear that 
this aim has not yet been achieved. By March 2004, as far as the organization 
is aware, only one woman had been placed at the ISF while making a decision 
whether or not to testify. In addition, because the ISF's security was 
compromised by international police within a week of its opening, neither the 
TPIU nor the UNMIK Witness Protection Unit (WPU) consider it suitable for 
witness protection. (192) 
    Concerns were expressed to Amnesty International by both the-then ISF 
manager and other providers about the standard of support, assistance and 
staffing at the ISF, including a lack of appropriate skills (including 
language skills) and experience among staff. Amnesty International is also 
concerned that the ISF appears to have little clarity about its role, 
particularly in relation to other providers and in its duplication of existing 
systems of support for internally trafficked women. (193) 
    
    Shelters for externally trafficked women 
    
    From February 2000 shelter for externally trafficked women who agree to 
enter the IOM program was provided by an international NGO, working with local 
staff; in 2004 responsibility for the IOM shelter was in the process of being 
transferred to a domestic NGO staffed by experienced shelter workers. The 
shelter opened in February 2000 and has subsequently worked with more than 300 
women and girls. 
    The shelter provides food, accommodation, medical support, counselling and 
a range of educational and other activities. Staff include social workers, 
medical practitioners and a psychiatric nurse. Treatment is available for 
women with sexually transmitted infections, but not testing. HIV/AIDS testing 
is not available. Before leaving Kosovo, women are given a medical record card 
and their case file is forwarded to IOM's partner organization in the 
receiving country, where the woman is expected to continue with the 
reintegration program.(194) 
    Elsewhere in the region, the IOM has been criticized for using an approach 
that, rather than empowering trafficked women, reinforces their status as 
"victims".(195) However, although Amnesty International recognizes this 
concern, it also acknowledges the skill, care and commitment with which 
trafficked women and girls are supported by IOM and their partner NGO. (196) 
    
    Shelters for internally trafficked women and girls 
    
    Internally trafficked women have been offered shelter by the CPWC since 
2000.(197) After initial counselling, medical and legal advice, the CPWC 
contacts other organizations, in conjunction with the Ministry of Health and 
Social Welfare, to assist those who wish to reintegrate back into their own 
family. Given the strong notions of shame in Albanian culture, this process 
may be long and difficult. (198) The Ministry has recently begun to recruit 
and train families to foster trafficked girls whose families do not want them 
to return. 
    In conjunction with the Ministry of Education, the CPWC provides girls 
with education, including teaching basic literacy, organizing school 
placements or making arrangements to take examinations privately. Tests and 
treatment for sexually transmitted infections are available. The CPWC also 
runs a drop-in service for trafficked women. 
    Internally trafficked girls who are considered to be at low risk of 
revictimization are accommodated in two open child protection shelters, with a 
high ratio of staff to children, one in Prishtin/Pri&#353;tina and the other 
in Prizren. Counselling services are provided by the staff of domestic NGOs, 
including the CPWC and a volunteer clinical psychologist. Staff collaborate 
with the IOM for medical treatment and counselling, and with the CPWC over 
high and medium risk cases. A legal guardian is appointed for each child, and 
casework is designed to ensure that, in accordance with international 
standards, the best interests of the child are the primary consideration.(199) 
These provisions have not yet been extended to externally trafficked girls, 
although under applicable law, the PISG is ultimately responsible for the 
welfare and protection of all children within Kosovo. 
    Medium or high risk girls and women are also provided with secure shelter 
accommodation by the CPWC; other domestic NGOs run shelters in 
Gjakov/akovica and Pej/Pe. (200) Security of shelters 
    Responsibility for the protection of externally trafficked women, while 
they remain in Kosovo, lies with the TPIU and other police, and with the 
IOM-partner NGO which runs the IOM shelter. This shelter has remained secure, 
regularly changing location. 
    The CPWC is extremely concerned about security of women in their care. A 
break-in took place at CPWC's office (not the shelter) on 4 January 2003, in 
which five computer hard discs containing confidential data and testimonies of 
trafficked women and girls and other victims of violence against women were 
stolen; other valuable equipment was not taken. Although police patrolled the 
area for the next 24 hours, shelter staff told Amnesty International of their 
concern that UNMIK had failed to acknowledge the threat to the safety of the 
women including trafficking victims - whose recorded testimonies had been 
stolen. In response to criticism at the lack of progress by the police in 
identifying the perpetrators and recovering the stolen information, an UNMIK 
police spokesperson reportedly stated, "We patrolled 24 hours a day in the 
town before and after the incident and try our best to prevent such crimes - 
but we are not security guards for private businesses" [AI emphasis].(201) 
    With the exception of one incident in which a social worker breached 
procedure by taking the family of a trafficked girl to a shelter, the security 
of the two open shelters for low risk internally trafficked girls has not yet 
been compromised. As noted above, the security of the ISF was compromised by 
international police within weeks of its opening. The right to international 
protection "Safe (and, to the extent possible, voluntary) return shall be 
guaranteed to trafficked persons by both the receiving State and the State of 
origin. Trafficked persons shall be offered legal alternatives to repatriation 
in cases where it is reasonable to conclude that such repatriation would pose 
a serious risk to their safety and/or to the safety of their families". 
Paragraph 11, UNHCHR Recommended Principles and Guidelines. 
    Many trafficked women and girls face a real risk of intimidation, 
coercion, threats or further violence to themselves or members of their 
families, including the risk of re-trafficking following return to their home 
country. The United Nations High Commission for Refugees (UNHCR) recognizes 
that in certain circumstances a trafficked woman may be able to sustain a 
claim to refugee status on the basis of her trafficking experience and the 
risks that she faces as a consequence.(202) 
    Given the special vulnerability of trafficked women in both their country 
of destination and their country of origin, in accordance with standards 
applicable in the international refugee protection regime, Amnesty 
International underscores that there should also be a duty on the part of the 
authorities to ascertain and evaluate any protection claims and assess this 
risk where a trafficked woman expresses a wish not to be returned to her 
country of origin.(203) In such circumstances, if she is found to be entitled 
to international protection, there should also be a responsibility to assist 
in identifying appropriate durable solutions. In particular, it should be 
recognized that local integration in Kosovo (where she may be as fearful as 
she is of returning to her country of origin) may not be viable, and 
resettlement to a third country may be the only feasible alternative.(204) 
    Amnesty International also notes in this regard that the principle that no 
one should be returned to a country where they risk serious human rights 
abuses (the principle of non-refoulement) may apply not only under the 1951 
Convention Relating to the Status of Refugees and its related 1967 Protocol, 
but also to Articles 3 of both the ECHR and the Convention against Torture, 
respectively. The UNHCHR Recommended Principles and Guidelines further 
underscore that general principles of human rights law may provide for 
"protection from summary deportation or return where there are reasonable 
grounds to conclude that deportation or return would represent a significant 
security risk to the trafficked person and/or her /his family". (205) These 
principles are reflected in the Trafficking Regulation. 
    Amnesty International welcomes the signing, in December 2002, by the 
Deputy SRSG on behalf of Kosovo, of the Statement on Commitments to Legalize 
the Status of Trafficked Persons (Tirana Statement). In so doing, the Kosovo 
authorities agreed to grant temporary residence to victims of external 
trafficking for three months or longer.(206) However, the organization is not 
aware that formal mechanisms to implement this have yet been introduced. 
    While finding long-term solutions may be problematic for both internally 
and externally trafficked women, such solutions are essential to ensuring that 
protection of their human rights is effective. Externally trafficked women 
need to be able to access solutions which take full account of their special 
vulnerability not least as essential and often inadequately protected 
witnesses of transnational organized crime. Research in 10 EU member states by 
Anti-Slavery International has demonstrated that if victims of trafficking 
have the right to remain in the country of destination, temporarily or 
permanently, and receive appropriate services, conviction rates of traffickers 
are higher.(207) However, critiques of temporary residency programs in 
Belgium, Italy and the Netherlands suggest that adequate protection, including 
witness protection, is lacking in these states.(208) Amnesty International 
considers that in order to address the problem of trafficking in an effective 
way, it is necessary to open up long term solutions of not only local 
integration and voluntary repatriation with effective re-integration measures, 
but also the possibility of resettlement to a third country, where necessary. 
There is currently no legal framework for externally trafficked women to claim 
citizenship or residency in Kosovo, leaving them in a legal limbo, until the 
final resolution of the status of Kosovo. With regard to social integration, 
even if they are allowed to remain, it may prove extremely difficult for women 
from, for example, eastern Europe to integrate into Kosovo's predominantly 
Albanian community where minorities, including Serbs, continue to face 
discrimination and ethnically motivated violence. 
    Likewise, it may be impossible for some internally trafficked women to 
reintegrate into their close-knit communities, and that without the protection 
of their family and community some may find they are again vulnerable to 
re-trafficking. Therefore the granting of protection in a third country as a 
long-term solution for internally trafficked persons may also, in certain 
circumstances, be necessary to ensure effective protection. 
    Amnesty International therefore recommends consideration of long-term 
protection, possibly in third countries, for both externally and internally 
trafficked victims of trafficking who are at risk in their home countries and 
in need of continued protection. 
    
    Chapter 5: Access to Justice 
    
    Very few trafficked women in Kosovo are able to gain access to justice, 
including the right to seek redress through the criminal justice system. To 
date, no trafficked woman has been able to obtain reparations for the damage 
she has suffered as a result of abuses of their human rights. Lack of legal 
assistance "Legal and other assistance shall be provided to trafficked persons 
for the duration of any criminal, civil or other actions against suspected 
traffickers." Principle 9, UNHCHR Principles and Guidelines. 
    According to applicable law in Kosovo, an injured party has the right to 
legal representation at all stages of any criminal proceedings. (209) Section 
10.1(b) of the Trafficking Regulation provides for "free legal counsel in 
relation to trafficking issues (criminal or civil)", and states that law 
enforcement officers should inform the victim of this and other rights.(210) 
    However, victims of trafficking are neither informed of their right to 
legal assistance on arrest, nor given access to a lawyer, and although 
domestic NGOs have engaged lawyers for internally trafficked women in 
particular cases, women trafficked from abroad who testify in investigative 
proceedings have not been provided with a lawyer.(211) In proceedings attended 
by Amnesty International, while an internally trafficked girl was assisted by 
a social worker and the organization observed that the social worker, 
prosecutor and judge treated the witness sensitively, any legal representation 
for the witness was notably absent. 
    Access to a lawyer is fundamental to ensuring, in the first instance, that 
women are informed about their rights and the implications of making a 
statement that may be used in proceedings. They may also require advice about, 
for example, witness protection, the right to redress and reparation, 
repatriation or return, and the availability of any temporary residence 
permits, as well as representation in any subsequent proceedings. 
    The Department of Justice Victims' Advocacy and Assistance Unit (VAAU) 
informed Amnesty International in September 2003 that legal advice will be 
provided to trafficked women by Victim Advocates (VA), established within the 
Department of Justice VAAU. By March 2004, the VAs had provided such 
assistance in 24 cases of trafficking.(212) However, these Victim Advocates 
are not qualified lawyers, nor specialists in trafficking and, according to 
the VA Coordinator, their role is primarily that of referral, including 
assistance in gaining access to justice. (213) Amnesty International therefore 
considers that this provision continues to deny women their right to a lawyer. 
    
    The right to witness protection 
    
    "States shall provide protection and temporary residence permits to 
victims and witnesses during legal proceedings." Principle 8, UNHCHR 
Principles and Guidelines 
    The UN Convention against Transnational Organized Crime (214) requires a 
state "to take appropriate measures within its means to provide effective 
protection from potential retaliation or intimidation for witnesses in 
criminal proceedings who give testimony concerning offences covered by this 
convention and, as appropriate, for their relatives and other persons close to them". 
    In 1999, the UN General Assembly invited governments to "take steps, 
including witness protection measures/programmes, to enable women who are 
victims of trafficking to make complaints to the police and to be available 
when required by the criminal justice system, and to ensure that during this 
time women have access to social, medical, financial, and legal assistance and 
protection as appropriate".(215) 
    All victims of trafficking, irrespective of their participation in legal 
proceedings, are entitled to protection. Women who decide to testify as 
witnesses against traffickers may require more rigorous measures. Measures to 
ensure their protection are needed before proceedings, during the trial, and 
where a convicted person has been freed on appeal, until all further 
proceedings have been completed. Even then, consideration must also be given 
to further protection needs. (216) 
    Despite provisions for the protection of witnesses made in the Trafficking 
Regulation,(217) by September 2003 Amnesty International had found little 
evidence that - with some exceptions - measures had been routinely taken to 
provide protection to trafficked women willing to testify in court. 
    
    Witness protection - the law 
    
    "[The] ability to successfully prosecute trafficking cases where you can't 
provide security to witnesses is almost zero."(218) 
    The protection of women prepared to act as witnesses is required by 
Section 5.2 of the Trafficking Regulation and although not explicitly set out 
in the regulation, may be provided through the courts or, in a separate 
scheme, through the Witness Protection Unit (WPU). 
    Under UNMIK Regulation 2001/20, On the Protection of Injured Parties and 
Witnesses in Criminal Proceedings, public prosecutors, defence counsel, 
injured parties or witnesses may apply for a protective measure or an order of 
anonymity.(219) Under this Regulation, protective measures include: "omitting 
or expunging names, addresses, working place, profession or any other data or 
information that could be used to identify the injured party or witness"; 
"testifying behind an opaque shield, through image or voice-altering devices, 
or contemporaneous examination in another place communicated to the court room 
by means of closed-circuit television, or video-taped examination of the 
injured party witness prior to the court hearing with the defence attorneys 
present"; the assignment of a pseudonym; closure of sessions to the public; 
ordering the defence not to reveal identity; and ordering the temporary 
removal of the accused from the court-room if the witness "refuses to give 
testimony in the presence of the accused or if the circumstances indicate to 
the Court that the witness will not speak the truth in the presence of the accused". 
    If these measures are insufficient, then "the Court may in exceptional 
circumstances order that the injured party or witness shall remain anonymous 
to the accused and the defence attorney. In making this determination, the 
Court shall conduct a hearing in a closed session which includes only the 
public prosecutor, essential court and prosecution personnel, and the witness 
or injured party".(220) 
    Amnesty International notes these comprehensive measures for the 
protection of witnesses, and recognizes that such measures have been 
introduced because of the exceptional vulnerability of witnesses in 
trafficking and other serious cases, especially in jurisdictions like Kosovo 
where the rule of law is not well established. However, the organization urges 
that in their implementation, such provisions should not be permitted to 
prejudice the right of the accused to a fair trial, as guaranteed under 
Article 14 of the ICCPR. (221) 
    In such circumstances, the case for considering specific measures for 
witness protection, including for example resettlement to a third country, may 
be even more compelling. 
    Amnesty International is concerned that externally trafficked women have 
rarely been granted such protection. Only at the instigation of certain 
international prosecutors have these measures been used. Furthermore, local 
NGOs reported to Amnesty International that they were unaware of any trials 
involving internally trafficked victims and local prosecutors and judges in 
which these measures have been taken. Anti-trafficking organizations also 
reported to Amnesty International that neither judges nor prosecutors 
routinely informed trafficked women of their rights to protection and the 
measures available, as they are required to do under Section 3.1 of Regulation 
2001/20.(222) Witness Protection Unit 
    An international prosecutor in Kosovo told Amnesty International, "You 
cannot imagine the degree of intimidation that exists because it doesn't exist 
in a Western country". 
    In June 2001 UNMIK police established a Witness Protection Unit 
(WPU).(223) However, financial constraints have limited the WPU to serious war 
crimes cases and high profile political cases. The unit only has capacity to 
provide protection to five witnesses and their immediate families at any one time. 
    The WPU had only been involved in one trafficking case by September 2003, 
providing the witness with a safe place to live, and escorting her to court. 
In another high-risk case, the WPU was prepared to provide protection for a 
woman willing to return from her home country to testify, but this case did 
not proceed to trial.(224) In September 2003, preparations were also being 
made in another case. 
    Because of the WPU's inability to accommodate the number of witnesses 
requested by prosecutors in cases involving other serious crimes, and the 
inappropriateness of housing victims of trafficking with other witnesses, in 
2003 the WPU and TPIU jointly prepared an application for funding to the PISG 
Ministry of Finance for a separate facility to house victims of trafficking 
prepared to testify. Given the risks to those who testify, and the inadequacy 
of current measures, Amnesty International supports this initiative. 
    Few trafficked women have been willing to testify in proceedings under the 
Trafficking Regulation. The majority of those who have provided testimony have 
taken part in the investigation stage, and few have appeared in court during 
the trial stage. It is reported that intimidation may occur at any stage 
between the police investigation and full trial, or after proceedings, and 
women may withdraw their consent to participate at any time. The need for 
witness protection 
    The low rate of convictions in trafficking cases has been attributed by 
the Department of Justice and the TPIU to the absence of victim-witnesses 
during trial proceedings. Yet without adequate witness protection, many of 
those prepared to attend court have been subjected to such intimidation prior 
to trial that they either changed their statements or decided not to testify. 
    In 2001, over a period of three months, three persons were arrested on two 
occasions during police investigations into their alleged involvement in 
trafficking. They were released on both occasions on grounds of insufficient 
evidence, despite witness statements by several foreign women made to police 
investigators that they had been trafficked by the suspects into Kosovo. 
According to the OSCE, when questioned "for just a couple of minutes" by an 
investigating judge, and without adequate translation, the women reportedly 
stated that no one had forced them into prostitution, and that they had come 
to Kosovo voluntarily. Despite the previous statements made by the women to 
the police, reportedly the public prosecutor concluded that the case should be 
dropped for insufficient evidence. (225) 
    In November 2002, for example, an Albanian male, J.T, was acquitted of a 
trafficking offence by Prizren District Court. (226) Two women, J. and S., had 
lodged a complaint alleging that in January 2002 J.T. had forced them to 
engage in prostitution. By the time the case came to trial, S. had "changed 
her statement because of fear", and although J.'s statement was read out, she 
was not present in court. The accused was acquitted of charges related to trafficking.(227) 
    Where no protection measures have been applied for, trafficked women 
willing to testify have had no choice but to face the accused across the court 
room. OSCE have noted the failure of the judiciary to take steps to protect 
the interests of the witness in such cases. In one case, the investigative 
judge ordered that two trafficked women, who had been raped and beaten by the 
defendant, separately confront the defendant in court. The OSCE reported that 
the confrontation "dissolved into a shouting match which the investigating 
judge did not intervene to stop".(228) NGOs also report that trafficked women 
were left vulnerable to cross examination which breached the provisions of 
Section 7 of the Trafficking Regulation, which prohibits raising the witness' 
history in court, except following a petition by the defence, when such 
evidence may be heard in camera. 
    In a case in 2001-2, the four accused were charged with sexual intercourse 
with a girl under 14 years of age. No witness protection measures were 
invoked, and the Kosovar Albanian girl had to face the accused across the 
court, in a trial that lasted for 11 days. Two men were convicted, one in 
absentia, and two others released on appeal. Subsequent intimidation of the 
young woman and her family has been so intense, including attempts to abduct 
her again, that she has been unable to leave her house without her father.(229) 
    Concern has been expressed about the practice of releasing men convicted 
of trafficking pending appeal. On 6 June 2003, for example, R.J. was released 
pending appeal against a three-and-a-half-year sentence passed by 
Prishtin/Pri&#353;tina District Court for trafficking five Ukrainian women 
who were forced into prostitution at the Madonna Club in 
Prishtin/Pri&#353;tina, some of the women had testified against him, but had 
subsequently returned to Ukraine. Following R.J.'s release, the women 
reportedly received threats via an associate in Ukraine that R.J. was coming 
to kill them. They were given police protection and accommodation in safe 
houses in Ukraine. On 19 September 2003, R.J. remained at large, the appeal 
not yet having been heard.(230) 
    Amnesty International recognizes that efforts were made in proceedings 
held in 2003 to ensure the protection of victim-witnesses, usually on the 
initiative of individual prosecutors. In Gnjilane/Gjilan for example, 
protective measures, including reporting restrictions and anonymity, have been 
used in trafficking and other sensitive cases. An international prosecutor 
also informed Amnesty International that the provision of testimony via closed 
circuit television (CCTV), either within the court building or in the witness' 
country of origin, was also envisaged.(231) 
    These provisions have been applied in some cases involving internally 
trafficked girls, as in Mitrovic/a in March 2003, when a separate hearing was 
held before an investigative judge to hear the evidence of child witnesses. In 
September 2003, five children aged between four and eight, who had been found 
in a house thought to be used as a brothel, gave testimony to the court. They 
had been provided with security, protection and legal advice under the 
supervision of a psychologist, and were accompanied at all times by their case 
manager. Before testifying in a separate room, they were introduced to the 
judge and translator, and were able to take breaks while giving their 
testimony. However, the children's safety was severely compromised even before 
the investigative proceedings when their photographs and names, which were 
known to the Department of Justice, were made available to Radio-Television 
Kosovo and shown on the weekly program Krimit e Dossier (Crime File).(232) 
    Both local NGOs and the IOM have stressed the need to give greater 
priority to the respect and protection of the human rights of women and 
children who testify in court proceedings. Those who testify are not only 
exposed to significant risks, but they also may suffer personal trauma in 
recounting their experiences. If the court discontinues proceedings, this can 
be highly distressing, and in such circumstances potential witnesses are given 
no protection. 
    
    The right to reparation 
    
    "Trafficked persons, as victims of human rights violations, have an 
international legal right to adequate and appropriate remedies. This right is 
often not effectively available to trafficked persons as they frequently lack 
information on the possibilities and processes for obtaining remedies, 
including compensation, for trafficking and related exploitation. In order to 
overcome this problem, legal and other material assistance should be provided 
to trafficked persons to enable them to realize their right to adequate and 
appropriate remedies" Guideline 9, UNHCHR Principles and Guidelines. 
    Victims of human rights violations are entitled to an effective remedy 
under Article 2 of the ICCPR and Article13 of the ECHR, while the Trafficking 
Protocol merely obliges states to make provision for the possibility for 
trafficked persons to obtain compensation for damages suffered, requiring 
states to provide trafficked persons with information on relevant court and 
administrative proceedings. The Protocol does not address the question of 
whether funds should be provided by the state or from the confiscation of assets.(233) 
    In Kosovo, Section 6 of the Trafficking Regulation requires the 
establishment of a reparation fund, authorized to receive funds from the 
confiscations of assets, used in - or resulting from - the crimes prosecuted 
under the regulation. However, to date, no such fund has been established, due 
to the failure to authorize the Administrative Directive. The AD envisages an 
administrative process for paying compensation, although it does not preclude 
proceedings for reparation in criminal or civil proceedings.(234) 
    All victims of trafficking should be entitled to redress and reparation 
for the violations they have suffered, irrespective of whether they agree to 
testify. (235) Under the Criminal Procedure Code, an injured party may claim 
compensation, or recovery of possessions, before the end of criminal 
proceedings.(236) A decision on this claim may be made in the final judgment 
concerning the accused. There is also a parallel civil process for such claims. 
    Amnesty International does not know of any cases in which a victim of 
trafficking has used the available mechanisms to claim reparations, including 
compensation. This may be, in part, because of the lack of legal 
representation for victims of trafficking. 
    
    Chapter 6: 'Boys will be boys: you'd better educate your girls'(237) 
    
    The Special Rapporteur on Violence against Women spoke in April 2001 of a 
"vast increase in trafficking activity" in Bosnia-Herzegovina and Kosovo: "It 
is absolutely essential that all UN forces are held to the same standards of 
international human rights law as are nation states..... To do otherwise, 
creates a climate of impunity in which offences proliferate ... Especially 
where UN is running administrations such as in Kosovo and East Timor we feel 
it's absolutely essential that some kind of structure be in place to deal with 
these kinds of issues." (238) 
    The UN Secretary-General also acknowledged in 2000 that there is "some 
evidence that prostitution increases with international intervention" and that 
"peacekeeping personnel may have condoned the establishment of brothels and 
been complicit in the trafficking of women and girls". He also noted that 
"[t]oo often, contributing States fail to prosecute their nationals accused of 
serious wrongdoing while on Services for the [UN]". (239) In 2003 the 
Secretary-General subsequently published a Bulletin calling for special 
measures prohibiting UN forces and staff from committing acts of sexual 
exploitation and abuse sexual abuse.(240) 
    Amnesty International is extremely concerned that the UN administration in 
Kosovo has effectively allowed the development of a flourishing industry 
dependent on the exploitation of trafficked women. Although the Kosovo 
sex-industry now services both local and international men, it is clear that 
it initially grew out of post-conflict militarization and the presence of a 
highly-paid international military and civilian community. 
    The organization also considers that UNMIK -- in failing to prosecute 
international personnel suspected of involvement in trafficking, or of 
knowingly using the services of trafficked women -- has created a climate of 
impunity for abuses and violations against trafficked women. 
    Despite the rapid growth of trafficking in Kosovo, few - if any - measures 
were taken to address the demand from military and civilian personnel until 
January 2001, almost 18 months after the arrival of the international 
community in Kosovo.(241) 
    
    The demand 
    
    "Many men and young men raped me, young and old, local and international 
... We were about 20 persons in that house. Only two were from Moldavia and 
all the rest Albanian."(242) 
    " ...... even in cold weather I had to wear thin dresses ... I was forced 
by the boss to serve international soldiers and police officers ... I have 
never had a chance of running away and leaving that miserable life, because I 
was observed every moment by a woman ..."(243) 
    In 1999 to 2000 internationals were estimated to comprise 80 per cent of 
the clients of trafficked women. According to UNMIK police, although by the 
end of 2000 members of the international community -"mostly KFOR soldiers"- 
still constituted 40 per cent of the clientele, the majority of customers were 
local men. Nevertheless, many trafficked women interviewed by the OSCE Legal 
Systems Monitoring Service (LSMS) in 2000-1 stated that international police 
officers were among their frequent "clients".(244) In 2002, when the 
international community comprised some 30 per cent of clients, they reportedly 
generated some 80 per cent of the industry's income.(245) 
    According to information from the TPIU, NGOs working with trafficked women 
and the testimonies of the women themselves, UNMIK police and KFOR personnel 
continued to use the services of trafficked women in 2003. 
    In 2003 allegations about the use of trafficked women were regularly 
posted on the internet Message Board site of the UNMIK police. For example, in 
response to a message "Looking for Vesna", the following reply was posted on 
16 August 2003, "I saw her last at the Miami Bar. She was with a large 
Albanian male whom she seemed to be afraid of and she seemed to be harassed. 
She was being forced to look for clients in the bar. A UNMIK CIVPOL officer 
paid &#8364;150 for two hours with her. Can anybody inform TPIU?" 
    Although the proportion of international clients has reportedly declined 
since 2000, the number of establishments on the "off-limits list" has 
continued to rise. 
    Despite UNMIK's counter-trafficking strategies, members of the 
international community remain a significant part of the market for trafficked 
women. Although internationals reportedly now make up of 20 per cent of the 
client-base, Amnesty International also notes that the international community 
(both male and female), probably make up around two per cent of the population 
of Kosovo. 
    
    The "Off-limits list" 
    
    Following the promulgation of the Trafficking Regulation in January 2001, 
a Code of Conduct was distributed to UNMIK staff on 24 January 2001. It warned 
of severe consequences for UN staff suspected of using the services of 
trafficked women, including disciplinary action, dismissal and the possibility 
of criminal proceedings following a waiver of immunity. "UN Code of Conduct: 
The purpose of this circular is to provide guidance to ensure staff respect 
human rights and do not financially contribute to organized crimes in Kosovo. 
It should be noted that consequences for UNMIK staff who disregard this 
information will be severe. Such staff will be subject to disciplinary action 
which may include dismissal. Further staff may be subject to criminal 
proceedings as per the applicable law, including UNMIK Regulation no 2001/4. 
International staff members who enjoy immunity from personal arrest and 
detention under the 1946 Convention on Privileges and Immunities of the United 
Nations are advised that the immunity is for the benefit of the United Nations 
and not for them personally and that such immunity may be waived in the event 
staff are prosecuted for crimes related to prostitution, including the use of 
the sexual services of a victim of trafficking." 
    The first "off-limits list" was issued at the same time as the Code of 
Conduct. It named more than 150 night bars, nightclubs and dancing clubs, 
motels, hotels, restaurants and coffee bars suspected to be involved in 
prostitution. A revised list was issued in July 2002, naming some 155 
establishments; by January 2004, some 200 establishments were listed. 
    
    UNMIK POLICE 
    
    Allegations that UNMIK police were involved in trafficking were first 
reported in 2000, and have continued until at least 2003 when one UNMIK police 
commander was sent home,(246) and proceedings opened on 9 June 2003, when four 
men, including an international police officer, were arrested in Pej/Pe on 
suspicion of involvement in "a prostitution slavery conspiracy". 
    In July 2001 it was reported that UNMIK police had launched an 
investigation into allegations, first reported in 2000,(247) that two US and 
one female Romanian police officer had been assisting the owner of a brothel 
in Mitrovic/a in the trafficking of women. The investigation, by the Internal 
Investigation Department, followed an internal report by the head of the 
regional police unit who recommended a thorough inquiry and warned that "the 
whole credibility of the United Nations Mission in Kosovo Police is in 
question".(248) The report alleged that one US officer had been picking up 
trafficked women on the boundary between Kosovo and Serbia proper while in 
uniform, and while driving an UNMIK police car. A second US police officer was 
alleged to have warned the owner that a police investigation was underway, and 
to have divulged police information about previous trafficking and 
prostitution operations. The Romanian officer was accused of alerting the 
brothel owner about police plans to arrest him. When police went to search the 
club, it was closed. A third US national named in the internal report was sent 
home for a "professional error in judgement". 
    At a press briefing on 13 August 2001 UNMIK police stated: "The 
investigation has now been concluded. Two officers were found to have 
contravened the Code of Conduct. They have been repatriated. Two other 
officers have received letters of reprimand. Whilst the four committed 
professional misconduct, to varying degrees, evidence was not found to support 
criminal charges."(249) 
    
    Proceedings against members of UNMIK Police 
    
    Amnesty International recognizes that the TPIU has recently shown greater 
willingness to investigate reports of the involvement of UNMIK personnel in 
trafficking, and to request a waiver of immunity from prosecution. However, 
criminal prosecutions remain rare, and those few cases which have proceeded to 
the trial stage have almost all been brought only where the victim was less 
than 14 years of age.(250) No police officer had been prosecuted under Section 
4 of the Trafficking Regulation by March 2004. 
    Before 2002, few investigations against international police officers 
resulted in prosecutions, a concern highlighted by OSCE in October 2001.(251) 
In summer 2001, an international public prosecutor was appointed to a case 
involving an UNMIK police officer. Considering the testimony of the 
13-year-old victim not to be strong and consistent enough, the prosecutor 
reportedly did not file a request to an investigating judge to initiate an 
official investigation, nor did he request a waiver of immunity according to 
Section 6 of UNMIK Regulation 2000/47. The investigation was closed and the 
police officer was repatriated. OSCE LSMS expressed concern in view of the 
fact that: "the suspect had given four contradictory statements to police 
investigators; material evidence, including blood drops and cigarette butts, 
were found in the empty house which the suspect admitted he had rented for 
that particular night. He also admitted that he had initiated sexual conduct 
with the victim, although due to [unspecified] circumstances, was unable to 
proceed with sexual intercourse."(252) 
    The reluctance to bring charges against international police under the 
Trafficking Regulation is also seen in a case in Mitrovic/a, where a girl 
reported an UNMIK officer for sexual abuse. Both the girl and the suspect 
reportedly mentioned a third person who had found a house, brought the girl to 
the house and "convinced" her to meet the suspect. The girl alleged that she 
had been taken from her home by force and taken to the house. The "third 
person" was reportedly not even questioned by police. Consequently, the police 
officer was not charged in connection with procuring the services of a 
potentially trafficked girl.(253) 
    OSCE also documented a case in 2001 in which a Turkish woman reported to 
UNMIK police in Rahovec/Orahovac that she had been raped and forced into 
prostitution by a Kosovo Albanian. She reportedly stated that some of her 
clients had included UNMIK police officers stationed in Rahovec/Orahovac, and 
alleged that she could both identify the men and show the investigators the 
location of their apartments. Despite the obvious conflict of interest, the 
UNMIK police in Rahovec/Orahovac were put in charge of the investigations. 
They determined that the victim lacked credibility and the case was dropped. (254) 
    On 9 June 2003 four men, including an international police officer from 
Pakistan, were arrested in Pej/Pe on suspicion of involvement in "a 
prostitution slavery conspiracy", and on 13 June the charges were confirmed by 
an investigative judge. Immunity was waived and the UNMIK officer was charged 
with Obscene Behaviour and Failing to Perform Official Duties. Three other 
ethnic Albanians - including a KPS officer who later committed suicide - were 
charged with "Obscene Behaviour, Rape and sexual intercourse with a minor 
under the age of 14, Causing Injuries, and Neglectful Treatment of Minors". 
(255) Investigative proceedings opened in September 2003 in 
Prishtin/Pri&#353;tina, but had not been concluded by the end of March 2004. 
    
    KFOR 
    
    KFOR's use of trafficked women and involvement in trafficking "German 
soldiers... They have been scared of their chiefs. That he will catch them in 
a brothel and make [cause] them trouble. They were not allowed to go with 
prostitutes during their service... The Germans came the whole November and 
December, even after their commander did forbid that. They said, they would 
get a lot of trouble. They told the pimp, that if someone would be coming, he 
should alarm [alert] them... After a while the pimp employed a guardian."(256) 
    Amnesty International is concerned that KFOR and other international 
civilian personnel on leave from Kosovo who visit Macedonia for "rest and 
relaxation", in addition to German KFOR personnel stationed there, may also be 
using the services of trafficked women. In a documentary shown on German 
television in December 2002, a member of German KFOR, who has been stationed 
in Macedonia, provided credible evidence that members of German KFOR were 
using the services of trafficked women - including children. (257) This 
information was corroborated by a press spokesperson for German KFOR and a 
senior KFOR officer interviewed during the program. Further evidence was 
provided by young women who had worked in brothels in Macedonia used by German 
KFOR troops. 
    Although there is no "off-limits list" in Macedonia, members of KFOR 
stationed in Macedonia are prohibited from leaving their base except on 
official business. Evidence provided by a German KFOR soldier suggests that 
strategies to avoid detection are well developed: "We drove out of the 
barracks as usual in our military jeep just as usual with a driver's pass so 
that no one can become suspicious of us... we drove around and waited until 11 
pm, and then drove to the brothel as fast as we could. We called the brothel's 
owner that we are coming... the owner opened the gate so we could drive 
straight into the garage."(258) 
    Evidence of KFOR's use of trafficked women in Kosovo comes from the 
testimonies of trafficked women, from reports and sightings of KFOR soldiers 
at bars known to have been involved in trafficking, and from a small number of 
cases in which disciplinary procedures against members of KFOR have been 
publicly reported. In 2001, for example, three UK Royal Marine Commandos were 
reportedly sent home after being discovered on 1 December 2000 in a 
lap-dancing bar; they were subsequently charged with drunkenness and leaving 
their base without permission. The previous year a British army lieutenant 
colonel was allegedly sent home after being discovered in a brothel in 
Prishtin/Pri&#353;tina.(259) In 2003, five members of French KFOR were sent 
home after allegations that they had been involved in trafficking in 
Mitrovic/a. "The problem is that nobody considers the need of brothels in the 
German [KFOR] contingent. The Americans and the French and others, who 
however, have their army brothels. I am not trying to say that the prostitutes 
have to come over from America or France but the brothel can be rented for a 
certain period of time and stay under units' control."(260) 
    Evidence of the involvement of KFOR troops in the trafficking of women in 
Kosovo has been documented from early 2000. Repeated allegations have been 
made against members of the Russian KFOR contingent, both as users of 
trafficked women, and in the trafficking of women - either directly or with 
the assistance of Serb traffickers. As early as 2000 Russian KFOR troops were 
allegedly involved in bringing Moldovan and Ukrainian women - allegedly 
disguised in Russian army uniforms - into the Russian base at Fush 
Kosov/Kosovo Polje. A Hungarian NGO working with trafficked women "reported 
that Russian KFOR was involved in bringing in women for sex work... They [the 
trafficked women] believed their clients were KFOR soldiers, NGO staff, OSCE 
staff and quite a few locals. The KFOR would take off their insignia and 
identifying badges, and the Americans would say they were 'Russians'."(261) 
    In January 2002, five Kosovo Serbs from Fush Kosov/ Kosovo Polje were 
indicted for forcing four Serbian and Moldovan women "to exercise 
prostitution, selling them to different clients and especially to Russian KFOR 
soldiers, sending them to the Monastery of Diviqi in Skenderaj to have sexual 
relations".(262) In 2003, Amnesty International also received allegations from 
a member of French KFOR stationed in Mitrovic/a that in 2002 "colleagues were 
entertained with trafficked women" by fellow officers in Russian KFOR on the 
base at Fush Kosov/ Kosovo Polje.(263) The Russian contingent left Kosovo in 
early 2003; Amnesty International is not aware of any charges or disciplinary 
action against Russian troops. 
    The organization is also aware of allegations that women have been 
trafficked explicitly for KFOR's use, as was shown in proceedings in 2001, 
when a Kosovo Serb was charged with a trafficking offence for arranging for a 
Kosovo Serb victim to meet soldiers "in a KFOR camp outside Kamenica".(264) 
    In September 2003, TPIU informed Amnesty International that some 10 French 
KFOR soldiers were similarly suspected of involvement, "but we don't get to 
touch them".(265) Amnesty International has also received credible allegations 
about the use of trafficked women within KFOR national battalions, including 
at Camp Monteith in Gnjilane/Gjilan and Camp Bondsteel near 
Ferizaj/Uro&#353;evac, where US KFOR personnel are prohibited from leaving 
their bases.(266) 
    
    Accountability 
    
    "A mechanism should be established with powers to investigate allegations 
of human rights violations by peace-keeping personnel. States contributing 
troops to the peace-keeping operation should promptly conduct independent and 
impartial investigations into reports of violations of human rights and 
humanitarian law by their nationals and bring to justice those responsible. 
Those suspected of such violations should be suspended from duty pending the 
outcome of investigations."(267) 
    UNMIK police, other UNMIK personnel, KFOR personnel and contractors and 
staff of some other organizations(268) enjoy a general immunity from 
prosecution, unless explicitly waived by the UN Secretary General, or in the 
case of KFOR, by their national commander.(269) UNMIK Police 
    According to the TPIU, investigations were carried out by UNMIK Police 
Internal Affairs into allegations against ten UN staff, including UNMIK police 
in 2002; by September 2003, investigation had been initiated against two UNMIK 
police officers, as well as two KPS officers. The TPIU informed Amnesty 
International that in the majority of these cases waivers for the purposes of 
prosecution were not requested or granted. However, waivers were requested and 
granted in one case in 2002 and another in 2003, enabling prosecutions of two 
officers to take place.(270) 
    UNMIK policy states that any person found at any premises on the 
"off-limits list" will be subject to disciplinary action. UNMIK police have 
also stated that if an officer is caught in any of the cafs or bars on the 
"off-limits list", he is immediately sent home. However, according to 
information received by Amnesty International, in practice, the UNMIK Police 
Internal Affairs Department Policy states that investigators must first 
establish whether a suspect has been using the services of a prostitute 
(whether trafficked or not). If this can be established, then a statement must 
be taken from the woman concerned. However, "Internal Affairs advises that a 
'she says' (sic) will not be sufficient to take action against the officer"; 
neither is identification of the officer by means of a photographic line up 
considered sufficient to warrant action. The investigator is required to carry 
out an "in depth interview with the female party to obtain specific details 
relating to personal aspects of the officer". (271) 
    According to the TPIU, "several successful investigations were conducted 
during 2003 and personnel identified were relieved of duty, criminally 
charged, disciplined under parent codes of conduct or repatriated to their 
home country".(272) 
    By the end of 2002, some 57 UNMIK police officers had been dismissed or 
repatriated, ten of whom - according to Derek Chappell of the UNMIK police - 
were repatriated in connection with allegations related to trafficking; at the 
end of 2003, the same figure was quoted.(273) Although UNMIK police asserted 
that they had been informed in each of these cases that the officers would be 
disciplined or prosecuted in their home countries, they were unable to confirm 
that any of the repatriated officers had in fact been disciplined or charged 
with any criminal offences.(274) Derek Chappell also expressed concern that US 
police officers would not be subject to any disciplinary procedures, as they 
were not accountable to the US government, but rather had been recruited by a 
private agency, Dyncorp.(275) 
    Amnesty International notes that immunity from prosecution is also 
afforded to contractors working for both UNMIK and KFOR, and members of some 
intergovernmental organizations. The organization also notes that, with one 
exception, no investigations have been opened against contractors suspected of 
a criminal offence under the trafficking regulation.(276) 
    
    NATO and KFOR 
    
    From January 2002 to July 2003, between 22 and 27 KFOR troops were 
suspected of offences related to trafficking, and were reported by the TPIU to 
the Provost Marshall and Commanding Officer. TPIU were unable to provide 
further information as to whether any disciplinary proceedings had been taken 
against these individuals. 
    No KFOR personnel suspected of trafficking or of using the services of 
trafficked women or girls have been prosecuted in Kosovo, either before or 
after the promulgation of the Trafficking Regulation. Amnesty International 
has similarly been unable to find any evidence of any criminal proceedings 
against members of KFOR in their home countries. 
    The NATO-led military presence in Kosovo, despite having been established 
by a UN resolution, has not adhered to the standards applied during UN 
Department of Peace Keeping (DPKO) missions.(277) In none of their responses 
to Amnesty International did KFOR, NATO or any individual military 
spokespersons make any reference to the UN Codes of Conduct. 
    In September 2002, at a meeting at NATO Headquarters in Brussels, Amnesty 
International raised the issue with NATO representatives of the alleged 
involvement of KFOR in trafficking and in the use of trafficked women. Robert 
Serry, Director of the NATO Balkan Task Force, stated that it was not possible 
to deny that troops used prostitutes, but that it was unfair to single NATO 
out for criticism, as they were not solely responsible for the problem. Adding 
that he was "rather proud of NATO troops" he stressed that: "In Macedonia 
[troops] were not allowed out of barracks and there were stringent rules on 
this." At the same meeting, Colonel Larson of Denmark, responsible for 
civilian and military cooperation (CIMIC), admitted that NATO was aware of the 
problem and that the issue of soldiers and prostitutes was "hard to end. 
Soldiers [are] under stress, away from [their] families at home, and cannot be 
confined to barracks for months and months". Colonel Larson emphasized that 
NATO itself was unable to address the issue, as the conduct of troops and any 
subsequent disciplinary action was a matter for the respective national 
authorities in each of the countries contributing troops to KFOR sending countries.(278) 
    In September 2003 Amnesty International outlined its concerns to KFOR and 
requested a meeting. In response, KFOR provided the organization with what was 
described as "an on-the-record" statement: 
    "1. KFOR utterly condemns the trafficking of women and seeks, under the 
mandate provided by UN SC Resolution 1244/99, to reinforce and support the 
fight against such activities in close cooperation with the local law 
enforcement agencies. 2. COMKFOR [Commander of KFOR] has directed that all 
KFOR Forces are made aware of UNMIK Regulation 2001/4 on the 'Prohibition of 
Trafficking in Persons in Kosovo' and the fact that such acts are also 
prohibited under several instruments of international public law. 3. COMKFOR 
requires subordinate commanders of Troop Contributing Nations to publish 
national policies that regulate against the use of prostitutes for sexual 
services and to ensure that such regulations are enforceable through National 
disciplinary sanctions. 4. The use of prostitutes is against KFOR standing 
orders and any soldier breaking those orders is subject to disciplinary action 
by his own nation."(279) 
    The organization notes that no reference was made to the possibility of 
criminal proceedings being taken against KFOR personnel. 
    In October 2003 Amnesty International again requested a meeting with KFOR 
to discuss this response, and questions arising from it, including information 
on cases in which disciplinary sanctions had been applied. KFOR declined to 
meet, or make any further comments. 
    Some countries sending troops to KFOR have implemented disciplinary 
measures or have given their forces effective training in human rights 
standards before deployment.(280) However, other sending countries have failed 
to take any measures against members of their forces accused of involvement in 
trafficking or the use of trafficked women.(281) Amnesty International is 
concerned at the absence of any uniform policy within NATO, and the lack of a 
centralized policy or investigating body to ensure the accountability of all 
national forces deployed in peace-keeping forces including KFOR.(282) 
    The organization notes that measures have recently been taken by NATO to 
develop policy on combating the trafficking of women and children, "which 
would apply to all personnel taking part in NATO-led operations", and which 
would inter alia address aspects of operations, training, education and 
awareness. However, the organization notes that NATO Resolution 323 on 
Trafficking in Human Beings fails to address the issues of demand and 
accountability.(283) UN Guidelines 
    Guideline 10 of the UNHCHR Recommended Principles and Guidelines sets out 
the Obligations of peacekeepers, civilian police and humanitarian and 
diplomatic personnel. It recognizes the "special concerns" raised by the 
involvement of such personnel in trafficking. Guideline 10.3 calls on such 
missions to ensure: "that staff employed in the context of peacekeeping, 
peace-building, civilian policing, humanitarian and diplomatic missions do not 
engage in trafficking and related exploitation or use the services of persons 
in relation to which there are reasonable grounds to suspect they may have 
been trafficked.[emphasis added] This obligation also covers complicity in 
trafficking through corruption or affiliation with any person or group of 
persons who could reasonably be suspected of engaging in trafficking and 
related exploitation." 
    Guideline 10.7 states that: "Intergovernmental and non-governmental 
organizations should, in appropriate cases, apply disciplinary sanctions to 
staff members found to be involved in trafficking and related exploitation in 
addition to and independently of any criminal or other sanctions decided on by 
the State concerned. Privileges and immunities attached to the status of an 
employee should not be invoked in order to shield that person from sanctions 
for serious crimes such as trafficking and related offences." 
    Amnesty International considers this guideline to be weak. It only 
requires a disciplinary investigation, rather than a criminal investigation, 
and only applies when a person is suspected of involvement in trafficking, but 
not when they are suspected of knowingly using the services of trafficked 
women or girls. Even when personnel are suspected of involvement in 
trafficking, the guidelines leave the imposition of criminal sanctions to "the 
state concerned", rather than prosecution under applicable law in the courts 
of the host country. 
    Amnesty International considers that UNMIK and successive SRSGs have 
failed to abide by the UN's own guidelines on trafficking, and have failed to 
adequately address the demand by international peacekeepers and civilian 
personnel for the services of trafficked women. 
    In March 2004, recognising that "Peacekeepers have come to be seen as part 
of the problem in trafficking rather than the solution", the DPKO published a 
policy paper, which, in accordance with the UN Secretary-General's "Zero 
Tolerance" stance on such exploitation, aimed to "establish a system to 
monitor, prevent, minimize, investigate and punish involvement of peacekeeping 
personnel in ... human trafficking and other sexual exploitation and abuse".(284) 
    Amnesty International welcomes this initiative by the DPKO, but regrets 
that it has come too late for the women and girls in Kosovo who have been 
abused and exploited by the men who came to keep the peace. 
    
    Chapter 7: Recommendations 
    
    Recommendations are made in two sections: 
    
    1. To the UN, UNMIK, KFOR and NATO to prevent abuses of the human rights 
of trafficked women and girls and the need for their staff, personnel and 
contractors to be brought to account for such abuses;2. To all states engaged 
in combating the trafficking of women and girls into forced 
prostitution.Within this section, Amnesty International makes recommendations 
to the UN, the PISG and other actors in Kosovo, to take specific measures to 
address abuses against trafficked women and girls and to ensure the protection 
of their human rights. These recommendations are made in the context of the 
National Plan of Action to Combat Trafficking in Human Beings in Kosovo (NPA), 
as agreed at Palermo in December 2000, within the framework of the guidelines 
advocated by the Stability Pact for South Eastern Europe. 1. Recommendations 
to UNMIK and KFOR 
    Amnesty International considers that members of UNMIK and KFOR and other 
civilians in the international community in Kosovo have been effectively 
afforded immunity from prosecution under applicable law in Kosovo. Noting the 
UN Secretary-General's call for "Zero Tolerance" of sexual exploitation and 
sexual abuse, Amnesty International calls on both the civilian and military 
authorities to tackle the lack of prosecutions for abuses of the rights of 
trafficked women and girls. 
    
    Amnesty International urges: 
    
    i. UNMIK and KFOR to implement the provisions of their respective codes of 
conduct;ii. UNMIK to ensure that the "Off-Limits List" is regularly 
distributed to all personnel, and that the provisions of the UNMIK Code of 
Conduct with regard to the off-limits list are robustly enforced and that the 
Special Measures outlined in the UN Secretary-General's bulletin on Special 
Measures for Protection from Sexual Exploitation and Sexual Abuse are strictly 
enforced;iii. UNMIK to amend Regulation 2000/47 On the Status, Privileges and 
Immunities for KFOR and UNMIK and their Personnel in Kosovo. Jurisdiction "of 
respective sending states" should be extended to other jurisdictions, 
including Kosovo, for investigation and prosecution of alleged human rights 
abuses by KFOR personnel, including against trafficked women and girls. 
Furthermore, in order to ensure consistency, the decision to waive immunity 
should be taken by the UN Secretary-General rather than by the commanders of 
the respective national contingents;iv. UNMIK and KFOR to ensure that all 
allegations of contraventions of the applicable codes of conduct by 
international staff and personnel be promptly, independently and impartially 
investigated, and where reasonable suspicion exists of a criminal offence 
under Sections 2 and 4 of the Trafficking Regulation, the immunity of the 
suspect should be lifted and they should be subjected to disciplinary and/or 
criminal proceedings in Kosovo, with full access to international legal 
safeguards;v. UNMIK and KFOR to ensure that all contractors working for them, 
including police officers supplied by private companies, are made fully and 
regularly aware of the UN Code of Conduct and the Trafficking Regulation, and 
that they will also be subjected to investigation and prosecution in Kosovo 
for alleged human rights abuses, including under the Trafficking Regulation, 
where there is reasonable suspicion that they may have committed a criminal offence. 
    
    1.2 Recommendations to the UN 
    
    Amnesty International, noting the comments of the UN Secretary-General and 
the UN Special Rapporteur on Violence against Women on the contributory role 
of peace-keeping forces in the development of trafficking, and in particular, 
the recommendation made in the March 2004 UN Department of Peace Keeping 
Operations (DPKO) draft policy paper: 
    i. Calls on the DPKO to ensure the effective enforcement of all relevant 
codes of conduct in all peace-keeping missions; further, that the 
recommendations made above should be applied to all peace-keeping missions; 
ii. Calls on the DPKO to urgently implement the recommendations in their draft 
policy paper, "to establish a system to monitor, prevent, minimize, 
investigate and punish involvement of peacekeeping personnel in activities 
that support human trafficking and other sexual exploitation and abuse"; the 
organization also urges the DPKO to ensure that any such system ensures that 
any personnel reasonably suspected of a criminal offence will be subject to 
investigation and prosecution in criminal proceedings;iii. Urges the UN to 
ensure that the Privileges and Immunities of UN personnel are not applied to 
any UN personnel reasonably suspected of human rights abuses, including 
involvement in trafficking or the knowing use of the services of a trafficked 
woman or child. Persons reasonably suspected of such offences should be 
subject to investigation and prosecution;iv. Urges the UN to establish an 
effective system of follow-up and reporting on results of such investigations 
(whether disciplinary or criminal) to ensure that a consistent approach is 
taken towards ending impunity for those responsible for abuses of the human 
rights of women and girls. Amnesty International welcomes Security Council 
resolution 1325 (2000) on women, peace and security which makes a range of 
recommendations to the UN Secretary-General, the UN Security Council, UN 
Member States, all parties to armed conflict, and those involved in 
negotiating and implementing peace agreements. Amnesty International calls on 
the UN and Member States to take all steps necessary to ensure full and prompt 
implementation of this resolution, in particular that: 
    i. All actors involved in negotiating and implementing peace agreements 
should adopt a gender perspective, including ensuring measures for the 
protection of and respect for the rights of women and girls;ii. All states 
should put an end to impunity and prosecute those responsible for sexual and 
other violence against women and girls. 1.3 Recommendations to NATO and NATO 
member states 
    Amnesty International welcomes measures being taken by NATO to develop a 
policy on trafficking and urges the Secretary General of NATO to ensure that 
this policy includes: 
    i. Measures to ensure that all NATO personnel involved in peace-keeping or 
other deployments are, during training, made aware of the range of human 
rights abuses to which trafficked women and girls are subjected, and the 
criminal nature of these abuses;ii. Measures to ensure that all NATO personnel 
are made aware that involvement in trafficking and the knowing use of the 
services of trafficked women are criminal offences, which are subject to 
prosecution;iii. Provisions prohibiting NATO forces from involvement in 
trafficking or knowingly using the services of trafficked women;iv. Measures 
to ensure that commanders of national contingents are fully aware of their 
responsibilities in ensuring that personnel reasonably suspected of 
involvement in trafficking, or of knowingly using the services of trafficked 
women and girls, are (in addition to any disciplinary procedures) brought to 
the attention of the prosecuting authorities, and that any immunity(285) 
granted to such personnel is waived so that they may be subject to prosecution 
by the domestic authorities. 
    2. Recommendations for the protection of the rights of trafficked women 
and girls 
    
    Amnesty International urges all governments: 
    
    i. To take measures to ensure the protection of and respect for the human 
rights of trafficked women and girls. In accordance with General 
Recommendation 19 of CEDAW, states must exercise due diligence to prevent, 
investigate, prosecute and punish acts of violence against women, whether 
those acts are perpetrated by state agents or private persons. The 
organization notes that application of this obligation requires states to not 
only introduce measures to criminalize trafficking (as UNMIK has done in 
Kosovo), but also to effectively enforce this prohibition, provide legal 
assistance and ensure remedies for victims and take preventative actions to 
address the underlying causes of trafficking;ii. To ensure that the rights of 
trafficked women are respected in accordance with the United Nations Office of 
the High Commissioner for Human Rights (UNHCHR) Recommended Principles and 
Guidelines on Human Rights and Human Trafficking.Amnesty International 
welcomes the initiative taken to hold a conference in October 2003(286) with 
the aim of establishing a National Plan of Action to Combat Trafficking in 
Human Beings in Kosovo, as agreed at Palermo in December 2000, within the 
framework of the guidelines advocated by the Stability Pact for South Eastern Europe 
    
    In Kosovo, Amnesty International urges UNMIK and the PISG: 
    i. To ensure that all elements of the Plan of Action ensure the protection 
of the human rights of trafficked women and girls;ii. To cooperate in urgently 
developing and implementing the Plan of Action, ensuring commitment to the 
plan by representatives of all relevant UNMIK Departments and relevant 
Ministries and Departments within the PISG;iii. To fully involve all relevant 
domestic NGOs, international NGOs and the IOM in the design and implementation 
of the Plan of Action;iv. To ensure that provisions of the plan are 
sustainable through capacity-building, training and the provision of adequate 
resources, in particular, to seek to guarantee funding for shelter provision 
for both internally and externally trafficked women and girls. 2.1 PREVENTION 
OF TRAFFICKING In order to prevent the human rights abuses and violations 
which occur in the process of trafficking, governments should take 
preventative action and, in particular, to address violations of social and 
economic rights of women and girls, which render them vulnerable to 
trafficking. In Kosovo, Amnesty International urges that in addition to 
measures taken by law enforcement agencies and the criminal justice system to 
identify and bring traffickers to justice, sustainable measures should be 
taken to prevent further internal trafficking and the trafficking of women and 
girls from Kosovo. 
    Amnesty International recommends that UNMIK and the PISG: 
    i. Commission a comprehensive program of research into the current social 
and economic status of young women and girls in Kosovo, identifying factors 
which make young women vulnerable to trafficking, and including both 
qualitative and quantitative data. Such research should enable the design and 
implementation of targeted policies in conjunction with relevant IGOs, NGOs, 
and within the broad framework of the Kosovo Action Plan for the Achievement 
of Gender Equality. ii. Take steps to ensure that objective information on 
both the dangers of trafficking, and on legal channels of migration is 
available to women and girls, also including through TV, radio and print 
media;iii. Pending the final status of Kosovo, to collaborate in the 
preparation of reports to the CRC and CEDAW. To prepare reports as required by 
the Stability Pact Task Force on Trafficking in Human Beings and Regional 
Clearing Point.Amnesty International urges, in particular, the PISG Department 
of Education, in partnership with relevant NGOs: 
    iv. To take measures, given the low percentage of girls between 12 and 16 
in full-tine education, including the provision of funding, transportation and 
appropriate security measures, to ensure that all girls between 12 and 16 are 
guaranteed access to meaningful full-time education;v. To ensure that all 
awareness-raising strategies and programs resulting from the NPA, including in 
the school curriculum, provide a strong human rights component, ensuring that 
girls and women are made aware of their rights and how to access them, and the 
potential for abuses of those rights by traffickers.The organization also 
urges both UNMIK and the PISG Department of Employment to: 
    vi. Encourage donors and investors to provide opportunities for the safe 
and gainful employment of young women, particularly in rural areas. 
    Amnesty International urges the EU and its member states: 
    i. Within the framework of existing partnerships, to assist the 
governments of source countries, including Bulgaria, Kosovo, Moldova, Romania 
and Ukraine, to address abuses of the economic, social and cultural rights of 
women and girls, and the prevalence of violence against women, which 
significantly contribute to the vulnerability of women and girls in source 
countries to being trafficked;ii. Further, that the EU, as an integral part of 
its counter-trafficking policies, should prioritize economic and other 
assistance to source countries as a measure to address the root causes of 
trafficking;iii. To actively develop the legislative process in this field and 
implement all specific items relating to the protection of the rights of the 
victims of trafficking, including in particular the rights of trafficked women 
and girls, as contained in the Brussels Declaration of September 2002;iv. To 
ensure that national legislative and administrative frameworks accord the 
widest protection of the rights of trafficked women and girls, in accordance 
with international legal standards, including in particular human rights and 
refugee law;v. To go beyond proposals aimed protecting victims of trafficking 
prepared to testify in criminal proceedings and to adopt appropriate legal 
instruments in order to enhance the protection of the rights of all trafficked 
women and girls. Amnesty International urges member states of the Council of Europe: 
    vi. Regarding the negotiations of an intergovernmental convention on 
trafficking within the framework on the Council of Europe, member states 
should ensure the convention ensures the highest level of protection of and 
respect for the rights of trafficked women and girls;vii. Council of Europe 
bodies and mechanisms should prioritize the monitoring and reporting of 
measures taken by member states with respect to their protection of the rights 
of trafficked women and girls including in source, transit and destination countries. 
    
    2.2 ADDRESSING DEMAND 
    
    All states should ensure that anti-trafficking strategies address the 
issue of demand for the services of trafficked women and girls and include 
legislation, as in Kosovo, to criminalize the knowing use of the services of 
trafficked women and girls. 
    In Kosovo, the Plan of Action should include: 
    i. Specific awareness-raising strategies aimed at men in both the local 
and the international community, to ensure that they are made fully aware of 
the abuses suffered by trafficked women, and of the consequences - including 
criminal proceedings under the Trafficking Regulation - of their use of the 
services of trafficked women;ii. In addition to the recommendations made to 
UNMIK, (above) with respect to the prosecution of members of the international 
community suspected of knowingly using the services of trafficked women, 
Amnesty International also encourages the TPIU to vigorously pursue the 
prosecution of local men knowingly using the services of trafficked women. 
    
    2.3 INVESTIGATION 
    
    In Kosovo, Amnesty International urges: 
    i. That sufficient funding and other resources, including where necessary, 
additional personnel and funding for undercover surveillance operations and 
equipment is made available to the TPIU;ii. That in interviewing women for the 
registration process, and in subsequent visits to bars, the TPIU should ensure 
that all interviews are held in confidence, out of the sight and hearing of 
other staff or "owners" of bars, so that women are provided with the 
opportunity to identify themselves as being trafficked and that measures may 
be taken to immediately remove them from danger of further abuse and 
violations;Given concerns that the deficiencies in the registration process 
continue to place trafficked women in danger of abuses of their rights, 
Amnesty International urges that: 
    iii. The TPIU be provided with sufficient resources to be able to 
immediately remove any children or girls believed to be under the age of 18, 
and reasonably suspected to have been trafficked, from premises in which they 
are working in forced prostitution, and that sufficient provision is made for 
their reception and assistance. The organization also calls on UNMIK to: 
    iv. Secure funding for the provision of suitable premises at all regional 
police headquarters for the reception and interview of all victims of violence 
against women, including trafficked women and girls. 2.4 THE RIGHTS OF 
TRAFFICKED WOMEN Amnesty International considers that law enforcement 
authorities must respect their duty to ensure the rights of trafficked women, 
including their rights to be free from discrimination and to equal treatment 
under the law, to ensure that all women and children who may be victims of 
trafficking are identified, and that their rights are respected and that they 
are protected. 
    In Kosovo, Amnesty International recommends that the TPIU should: 
    i. Ensure that all trafficked women and children detained by law 
enforcement officers are fully informed of their rights and how to access 
them, including the rights to independent legal counsel and an independent and 
impartial interpreter, as well as information about all of the options 
available to them;Recognizing the reasons why trafficked women are not always 
prepared to identify themselves as trafficked: 
    ii. Develop more sensitive strategies to ensure the identification of 
trafficked women and children by both the TPIU and other UNMIK police, and 
members of the KPS, including during the registration process;iii. Recruit 
more female officers competent in appropriate languages;iv. Aim to ensure that 
through sensitive questioning, trafficked women are not criminalized for 
status or other offences, but that their rights, including to the presumption 
of innocence, to counsel and to interpreters, are respected.v. In conjunction 
with OSCE VASS, IOM, CPWC, ISF and other support agencies to explore 
possibilities to ensure that women are only interviewed once to establish if 
they are victims of trafficking, as recommended by the Council of Europe 
Council of Ministers;vi. Ensure that the need to investigate and prosecute 
traffickers does not compromise the protection and respect of the rights of 
trafficked women and girls.The organization also recommends to UNMIK: 
    That the new Criminal Procedure Code be amended to ensure that trafficked 
women are not treated as criminal suspects, but as victims of human rights 
violations. 2.5 THE RIGHTS OF TRAFFICKED CHILDREN Amnesty International 
considers that special measures must be taken to ensure the best interest of 
the child lies at the centre of any decision made in respect of children who 
have been trafficked. 
    In Kosovo Amnesty International calls on UNMIK and the PISG to: 
    i. Ensure that the Ministry of Social Welfare, in conjunction with the 
TPIU, domestic NGOs, IOM and Save the Children agree a Standard Operating 
Procedure (SOP) which will ensure that the rights of all internally and 
externally trafficked children are respected and protected, and taking into 
account the UNICEF Guidelines for Protection of the Rights of Children Victims 
of Trafficking in Southeastern Europe; ii. Ensure that children are not 
detained by law enforcement authorities, and ensure the appointment, where 
necessary, of a legal guardian to protect the best interests of the child, in 
addition to the appointment of competent legal counsel;iii. Strengthen the 
Centres for Social Work, by providing appropriate training to social workers 
to increase their capacity, expertise and ability to provide support to 
children who have been trafficked;iv. Ensure that other measures for the 
protection of children respect the provisions of the UNICEF Guidelines for 
Protection of the Rights of Children Victims of Trafficking in Southeastern 
Europe;v. Incorporate the Optional Protocol to the Children's Convention into 
applicable law in Kosovo. 2.6 ASSISTANCE AND SUPPORT Amnesty International 
urges authorities to ensure that all trafficked women and children are 
guaranteed access to immediate assistance and support, and to ensure that all 
strategies for the support and reintegration of trafficked women respect the 
woman's agency and assist her in reclaiming and asserting her rights; this 
right should not be conditional on a woman's agreement to testify in criminal proceedings. 
    In Kosovo, Amnesty International urges UNMIK to amend the current draft of 
the Administrative Directive to the Trafficking Regulation to ensure that: 
    i. Trafficked women and children are provided with immediate access to 
assistance and support without having to apply for such assistance; that such 
assistance is coordinated, but not decided, by the Victim Assistance 
Coordinator, so that trafficked women may have access to all the rights 
afforded to victims of human rights abuses;ii. Particular provision is made to 
protect the best interests of children who have been trafficked;The 
organization also urges the Department of Social Welfare, relevant NGOs and 
the IOM and other participants in the shelter assistance working group: 
    iii. To agree and implement, as a priority, a Standard Operating Procedure 
for internally trafficked women;iv. To ensure that all strategies for support 
and reintegration respect the agency of trafficked women, and assist them in 
reclaiming and asserting their rights. 
    
    2.7 THE RIGHT TO HEALTH 
    
    In Kosovo, Amnesty International urges the Department of Health and Social 
and Welfare: 
    i. To seek donors to assist in the resumption of a mobile clinic and 
associated outreach program to provide women working in the sex-industry in 
Kosovo with appropriate information on reproductive health, free medical 
examinations, STD testing and treatment, to include, if requested, voluntary 
HIV counselling and testing, until permanent sources of funding are made 
available;ii. To ensure, in conjunction with the IOM, CPWC and other 
providers, that all trafficked woman and girls in their care are offered 
appropriate information on reproductive health, voluntary STD and HIV 
counselling and testing, and follow-up treatment, if appropriate. 2.8 THE 
RIGHT TO REPARATION INCLUDING COMPENSATION Victims of human rights violations, 
including trafficking, have an enforceable right to reparation, including 
compensation; this right must not be conditional on their participation in 
criminal proceedings brought against the perpetrators. 
    
    In Kosovo, Amnesty International recommends that UNMIK: 
    
    i. Implement the Administrative Directive to the Trafficking Regulation to 
ensure that trafficked women and children are guaranteed their rights to 
reparation, including compensation, outside of a judicial process;ii. Ensure 
that appropriate funds are available for assistance and reparation to all 
women and children who have been trafficked in Kosovo;iii. Ensure that all 
women are made aware that they may also, as part of the criminal or civil 
proceedings, lodge criminal or civil claims against their traffickers, and to 
provide them with access to free legal advice and an independent interpreter 
during such proceedings; to ensure that they continue to provide protection 
during such proceedings. 
    
    2.9 ACCESS TO JUSTICE 
    
    In Kosovo, Amnesty International recommends that the Department of Justice 
and Kosovo Judicial Institute ensure that: 
    i. Training is provided to both international and local prosecutors and 
the judiciary, to ensure that they are fully informed of the provisions of the 
Trafficking Regulation, and the nature and the range of human rights abuses to 
which trafficked women and girls are subjected;ii. Consideration is given to 
eliciting the opinion and testimony in proceedings of expert witnesses, with 
expertise on trafficking and in working with victims of trafficking;iii. Legal 
assistance is provided to all victims of internal and external trafficking, 
including for the purpose of obtaining reparation. 
    
    2.10 WITNESS PROTECTION 
    
    Amnesty International urges states to ensure that the safety of women (and 
their families where relevant) who agree to appear as witnesses in proceedings 
in trafficking cases is guaranteed; this protection should be provided at all 
stages of the proceedings, including appeals. An evaluation of the need for 
the long term-protection of such witnesses must be made and, where indicated, 
provided for. In Kosovo, Amnesty International calls on UNMIK: 
    i. To ensure that the provisions of Regulation 2001/20, (Articles 168-174 
of the Criminal Code of Kosovo) are enforced in trafficking cases, and that 
this legislation is amended to criminalize any interference with or 
intimidation of witnesses or their families; ii. To amend UNMIK Regulation 
2001/20 (Article 168-174 of the Provisional Criminal Code of Kosovo), making 
it mandatory for judges to inform witnesses in trafficking proceedings of the 
protection measures to which they are entitled;iii. To consider the 
introduction into the new Criminal Code of Kosovo of special measures for the 
provision of testimony by victim-witnesses, which protect their rights, but do 
not compromise the defendant's right to a fair trial, ensuring that trafficked 
women may be able provide testimony, admissible in trial proceedings, prior to 
any repatriation process;iv. To allocate, from within the Kosovo Consolidated 
Budget or through donors, adequate funding for the provision of a dedicated 
witness protection facility for trafficked women both within Kosovo and, when 
necessary, following trial in third countries;v. In making decisions about 
whether to release a person convicted of trafficking on bail pending appeal, 
due regard is had for the safety and protection of victims, their families and 
other witnesses. 2.11 THE RIGHT TO TEMPORARY AND LONG-TERM PROTECTION 
    Amnesty International recommends consideration of long-term protection and 
solutions, possibly in third countries, for both externally and internally 
trafficked victims of trafficking who are at risk in their home countries and 
in need of continued protection. 
    i. Recognizing that there is a range of ways in which the crime of 
trafficking needs to be addressed, Amnesty International calls on the 
responsible authorities in Kosovo, and in other destination countries, to 
actively explore ways in which legal migration could be expanded to minimize 
the risk of being trafficked;ii. The organization also urges UNMIK and the 
PISG to consider other solutions for trafficked women, including long-term 
protection in Kosovo, where feasible and, where necessary, resettlement to 
third countries. Amnesty International also recommends that UNMIK: 
    iii. Immediately implement the provisions of the Tirana Agreement, so that 
externally trafficked women may be granted a three-month temporary stay in 
Kosovo.Amnesty International recommends that the Inter-Agency Trafficking 
Working Group: 
    iv. Develop procedures, in conjunction with the ISF and other providers, 
to ensure that women are given adequate or reasonable time for reflection, of 
at least three months, in which to decide their future;v. Recognizing that 
under current shelter security regimes, a temporary stay would in effect 
condemn trafficked women to a period of detention and might so fail to resolve 
the issue of involuntary return, Inter-Agency Trafficking Working Group should 
be empowered to explore alternative possibilities, including by exchanging 
information with NGOs in relevant countries, for the provision of secure and 
safe accommodation outside of a secure shelter environment. 
    Abbreviations and Acronyms 
    ABL Administrative Boundary Line 
    AFP Agence France Presse 
    CAT Committee against Torture 
    CCIU Central Criminal Investigation Unit 
    CCTV Closed circuit television 
    CEDAW Committee on the Elimination of Discrimination Against Women 
    CERD Committee on the Elimination of All Forms of Racial Discrimination 
    CIMIC Civilian and military cooperation 
    CIVPOL Civilian police 
    CoE Council of Europe 
    CoM Committee of Ministers (Council of Europe) 
    COMKFOR Commander of KFOR 
    CPC Criminal Procedure Code 
    CPVPT Centre to Protect Victims and to Prevent Trafficking of Human Beings 
in Kosovo (In Albanian: Qndra pr Mbrojtjen e Victims dhe Paraandalimin e 
Trafikimit me Quenje Njercore ne Kosov -MVPT) 
    CPWC Centre for the Protection of Women and Children (In Albanian: Qndra 
pr Mbrojtjen e Grave dhe Fmijve - QMGF) 
    CRC Committee on the Rights of the Child 
    CSW Centres for Social Work 
    DEVAW UN Declaration on Elimination of Discrimination Against Women 
    DoJ Department of Justice 
    DPKO Department of Peace Keeping 
    ECHR European Convention for the Protection of Human Rights and 
Fundamental Freedoms 
    EU European Union 
    FRY Federal Republic of Yugoslavia 
    ICCPR International Covenant on Civil and Political Rights 
    ICESCR International Covenant on Economic, Social and Cultural Rights 
    ICMC International Catholic Migration Commission 
    IHRLG International Human Rights Law Group 
    ILO International Labour Organization 
    IOM International Organization for Migration 
    ISF Interim Secure Facility (Shelter) 
    KFOR Kosovo Force 
    KJI Kosovo Judicial Institute 
    KLA Kosova Liberation Army 
    KPS Kosova Police Service 
    LSMS Legal Systems Monitoring Services (OSCE) 
    NATO North Atlantic Treaty Organization 
    NGO Non-governmental organization 
    NPA National Plan of Action on Trafficking in Human Beings 
    ODIHR Office for Democratic Institutions and Human Rights 
    OPM Office of the Prime Minister, Government of Kosova 
    OMIK OSCE Mission in Kosovo 
    OSCE Organization for Security and Cooperation in Europe 
    PISG Provisional Institutions of Self-Government 
    SFRY Socialist Federal Republic of Yugoslavia 
    SOP Standard Operating Procedure 
    SPSEE Stability Pact for South Eastern Europe 
    SPTF Stability Pact Task Force on Trafficking in Human Beings 
    SRSG Special Representative of the UN Secretary-General 
    STD Sexually Transmitted Disease 
    TPIU Trafficking and Prostitution Investigation Unit 
    UMCOR United Methodist Committee on Relief 
    UNHCHR United Nations Office of the High Commission on Human Rights 
    UNHCR United Nations High Commissioner for Refugees 
    UNICEF United Nations Children's Fund 
    UNIFEM United Nations Development Fund for Women 
    UNMIK United Nations Interim Mission in Kosovo 
    UNSCR UN Security Council Resolution 
    VA Victim Advocate 
    VAAU Victim Assistance and Advocacy Unit (Department of Justice) 
    VAC Victim Advocates Coordinator 
    VASS Victim Assistance Support Team 
    WPU Witness Protection Unit 
    
    ******** 
    
    (1) 24-year-old trafficked woman from Moldova. 
    (2) Woman trafficked into Kosovo. 
    (3) Internally trafficked Albanian girl, aged 12. 
    (4) In this report, the term "women" generally refers to both women and 
girls. The term "girls" is used specifically for females under 18 years of age. 
    (5) The scope of this report does not extend to the prevalent problem of 
trafficking of women, men and children into other forms of labour 
exploitation, including begging, the service industry, agricultural work, 
domestic and other forced labour and into marriage. 
    (6) In Albanian, Kosova; place names are given in both Albanian and 
Serbian in this report. 
    (7) OSCE/ODIHR, Proposed Action Plan 2000 for activities to combat 
trafficking in Human Beings, Warsaw, November 1999, pp. 20-24; "Trafficking in 
women is a real problem, but it's not at the top of my list of priorities," 
Roma Bhattacharjea, UNMIK Gender Advisor; "NATO forces spur Kosovo 
prostitution boom", AFP, 5 January 2000. 
    (8) "Off-Limits List", July 2003, UNMIK Police Trafficking and 
Prostitution Unit (TPIU); the "off-limits list" is explained below, see p. 7. 
    (9) The CPWC is main domestic NGO working with internally trafficked 
women; in Albanian Qndra pr Mbrojtjen e Grave dhe Fmijve (QMGF). 
    (10) The CPVPT is a domestic NGO working in partnership with the IOM; in 
Albanian, Qndra pr Mbrojtjen e Victims dhe Paraandalimin e Trafikimit me 
Quenje Njercore ne Kosov (MVPT). 
    (11) Amnesty International is aware of concerns that the term "trafficked 
women" identifies and defines women by the violation committed against them, 
and reinforces the perception of women as victims. However, the organization 
considers that the term may be understood to encapsulate the experience of 
being trafficked, distinguishes the trafficking experience from that of 
migrant workers, and is preferable to terms in current use, including "victim" 
or "victim of trafficking". 
    (12) It is defined in the Rome Statute as a crime against humanity when 
committed as part of a widespread or systematic attack against any civilian 
population, pursuant to or in furtherance of a state or organizational policy 
to commit the attack (Article 7 (1) (c) and (2) (c)); the related crime of 
sexual slavery is defined as a war crime when committed during an 
international or internal armed conflict (Article 8 (2) (b) (xxii) and (c) 
(vi) of the Rome Statute). 
    (13) The Trafficking Protocol, also known as the Palermo Protocol, which 
entered into force on 26 December 2003, was signed by Serbia and Montenegro in 
December 2000, and ratified in June 2001; the definition set out in Article 3 
is the applicable definition in Kosovo. 
    (14) The International Human Rights Law Group (IHRLG) notes that the terms 
"the exploitation of the prostitution of others" and "sexual exploitation" 
were deliberately left undefined in the Protocol, neither are they defined 
elsewhere in international law, The Annotated Guide to the Complete UN 
Trafficking Protocol, pp. 8-9, IHRLG, May 2002. 
    (15) Amnesty International uses the term "externally trafficked" to refer 
to women who have been trafficked into Kosovo from third countries (including, 
in this case, Serbia), and "internally trafficked" to refer to Kosovo 
Albanian, Roma and Kosovo Serb women, who are trafficked within Kosovo. 
    (16) Article 2 (b) of the UN Declaration on Elimination of Discrimination 
Against Women (DEVAW states: "Violence against women shall be understood to 
encompass, but not be limited to, the following: ... (b) Physical, sexual and 
psychological violence occurring within the general community, including rape, 
sexual abuse, sexual harassment and intimidation at work, in educational 
institutions and elsewhere, trafficking in women and forced prostitution". See 
also The 1995 Beijing Platform for Action; UN General Assembly, Further 
Actions and Initiatives to Implement Beijing Platform for Action, 
A/RES/s-23/3, 16 November 2000, Sec 131 a-c., which recognizes trafficking as 
a form of gender-based violence. See also, Committee on the Elimination of 
Discrimination Against Women (CEDAW), paragraph 7, General Recommendation 19: 
"Gender-based violence, which impairs or nullifies the enjoyment by women of 
human rights and fundamental freedoms under general international law or under 
human rights conventions, is discrimination within the meaning of article 1 of 
the Convention", General Recommendation 19, A/47/38, 29 January 1992. 
    (17) Article 6 of the Women's Convention obliges states parties to "take 
all appropriate measures, including legislation, to suppress all forms of 
traffic in women and exploitation of prostitution of women". The Children's 
Convention requires states to take all appropriate national, bilateral and 
multilateral measures to protect children from and prevent trafficking of 
children. For example, Article 35 of the CRC provides: "States Parties shall 
take all appropriate national, bilateral and multilateral measures to prevent 
the abduction of, the sale of or traffic in children for any purpose or form". 
See also the Optional Protocol to the Children's Convention on the Sale of 
Children, Child Prostitution and Child Pornography; and the International 
Labour Organization (ILO) Convention No. 182 on the Worst Forms of Child 
Labour which requires the elimination of "all forms of slavery or practices 
similar to slavery, such as the sale and trafficking of children". These 
latter two treaties have yet to be incorporated into applicable law in Kosovo. 
    (18) A state is responsible under international law to act with due 
diligence to deter and prevent rape; to investigate allegations of rape; to 
bring those individuals suspected of being responsible for such offences to 
justice in fair trials; and to ensure access to effective redress and 
reparation for those who suffered acts of rape and to ensure their protection. 
International tribunals have confirmed that rape is a form of torture. 
    (19) See Article 2 of the ICCPR, Article 14 of the Convention against Torture. 
    (20) Report of the Office of the United Nations High Commissioner for 
Human Rights to the Economic and Social Council, UN Doc.: E/2002/68/Add. 1, 20 
May 2002. 
    (21) http://www.unchr.info/resolution/E-CN4-2004-L60-0419.pdf 
    (22) S/RES/1325 (2000). 
    (23) S/2002/1154. 
    (24) Progress of the World's Women 2002, Volume 1, Women, War, Peace. 
    (25) CEDAW, Article 9, General Recommendation 19, Violence against women, 
(Eleventh session, 1992) 
    (26) See Anne Gallagher, Consideration of the Issue of Trafficking. 
Background Paper, Asia Pacific Forum of National Human Rights Institutions, 
11-12 November, 2002, p. 11. 
    (27) See UNMIK Regulation 1999/24, On the Law Applicable in Kosovo, 12 
December 1999, as amended by UNMIK Regulation 2000/59, 27 October 2000. The 
regulation provides for four possible sources of applicable law in Kosovo: the 
law in Kosovo as it existed on 22 March 1989; UNMIK Regulations; the law 
applied in Kosovo between 22 March 1989 and 12 December 1999 (the date 
Regulation 1999/24 came into force) if this is more favourable to a criminal 
defendant or it fills a gap where no law from March 1989 exists; and some, but 
not all, international human rights standards and laws. 
    (28) Kosovo still remains, pending resolution of final status, a part of 
Serbia and Montenegro. 
    (29) On 2 July 1990 ethnic Albanian members of the Kosovo Assembly 
declared Kosovo's independence. 
    (30) See Amnesty International, FRY (Kosovo): A decade of unheeded 
warnings, Vols. 1&amp;2, AI Index: EUR 70/39/99 AND EUR 70/40/99, April 1999. 
    (31) See Amnesty International, NATO/FRY: "Collateral Damage" or Unlawful 
Killings? Violations of the Laws of War by NATO during Operation Allied Force, 
AI Index: EUR 70/18/00, June 2000. 
    (32) Military Technical Agreement between the International Security Force 
("KFOR") and the Governments of the Federal Republic of Yugoslavia and the 
Republic of Serbia, NATO, 9 June 1999. The agreement set out the mandate of 
the international military presence in Kosovo, the roles and responsibilities 
of KFOR and of the FRY and Serbian military and police. 
    (33) Rachel Wareham, Consultant for UNIFEM Prishtin/Pri&#353;tina, No 
Safe Place: An Assessment of Violence against Women in Kosovo, UNIFEM 2000, 
pp. 94-5. For evidence of prostitution in Kosovo prior to 1999, ibid, p. 93-4. 
    (34) UNMIK Trafficking and Prostitution Investigative Unit (TPIU), End of 
Year Report, 2003. 
    (35) At the time the IOM was the lead counter-trafficking agency in 
Kosovo, having established a presence there in January 2000. 
    (36) "Group launches campaign against forced prostitution in Kosovo", AFP, 
24 May 2000. 
    (37) IOM Spokesperson Jean-Philippe Chauzy, in "'Trafficking in women on 
the rise in Kosovo': IOM", AFP, 8 February 2000. 
    (38) Anti-trafficking measures were previously coordinated by the OSCE, as 
the lead organization within the Democratization and Institution Building 
"pillar" of UNMIK. 
    (39) UNMIK Regulation 2001/9, On A Constitutional Framework For 
Provisional Self-Government In Kosovo, 15 May 2001. 
    (40) The SPTF was established in 2000 to actively support and monitor the 
development and implementation of regional anti-trafficking measures in 
south-eastern Europe. The Stability Pact is an EU initiative created in 1999, 
aimed at achieving stability in the region. 
    (41) UNMIK Regulation 2000/47, On the status, privileges and immunities of 
KFOR and UNMIK and their personnel in Kosovo, 18 August 2000. 
    (42) Moldovan woman, single parent, 21 years old. 
    (43) NGO interview, woman trafficked into Kosovo. 
    (44) Victims of Trafficking in the Balkans, ibid., [p. 46] quoting an 
UNMIK advisor: "there are at least 1,000 if not 2,000... Locals are telling 
social welfare workers and members of international organizations that there 
are now bars and brothels even in small villages. In one small town alone, an 
OSCE source notices five women a week who are probably trafficked." 
    (45) Barbara Limanowska, Trafficking in Human Beings in Southeastern 
Europe, OSCE/ODIHR, UNICEF, UNHCHR, 2002 p. 140; for the basis of these 
calculations, see p.142. 
    (46) TPIU, End of Year Report 2003. 
    (47) Woman trafficked into Kosovo. 
    (48) IOM Kosovo, Return and Reintegration Project, Situation Report - 
February 2000 to September 2002, 2002, p. 13. 
    (49) IOM Kosovo, A General Review of the Psychological Support and Service 
Provided to Victims of Trafficking, September 2003, pp. 4-5. 
    (50) Slavenka Drakuli, Caf Europa. Life after communism, trans., London, 
1996, pp. 5 &amp;12. 
    (51) IOM Kosovo, Return and Reintegration Project, 2002, p.14. See also 
"Entity Report: Kosovo", in Regional Clearing Point First Annual Report on 
Victims of Trafficking in South Eastern Europe, IOM, Stability Pact, 
International Catholic Migration Commission (ICMC), 2003. 
    (52) Trafficked woman from Moldova; she was subsequently forced into prostitution. 
    (53) Less frequent strategies include the promise of marriage to a western European. 
    (54) Woman trafficked from Bulgaria. 
    (55) IOM uses the term "sex-related work". 
    (56) Ukrainian woman; her reference to a medical check suggests that she 
was expected to work as a prostitute. 
    (57) AI interview with IOM staff, September 2003; see also proceedings in 
the Miami Beach Club case, p. 13, below. 
    (58) Trafficked woman. 
    (59) Quoted in ibid., p.8. 
    (60) "Entity Report: Kosovo", Regional Clearing Point First Annual Report, 
p. 134. 
    (61) AI interview with Stefano Failla, Chief of Investigations, UNMIK 
Border/Boundary Police, September 2003. 
    (62) See Amnesty International, Serbia and Montenegro: Alleged torture 
during "Operation Sabre", AI Index: EUR 70/019/2003, September 2003. 
    (63) A trafficked woman's account of being "bought". 
    (64) Women trafficked into Kosovo describe being sold. 
    (65) AI interview, September 2003. 
    (66) In 2002 proceedings at Prishtin/Pri&#353;tina District court 
revealed a network involving six Albanian defendants, two of whom originated 
from Bujanovac municipality in southern Serbia, two from Ferizaj in Kosovo and 
two from Tetovo municipality in Macedonia, see Verdict P. nr 225/2002, 2 
October 2002. 
    (67) IOM Kosovo estimate that less than half of women trafficked have any 
form of legal documentation. 
    (68) IOM Kosovo report that Kosovars, Bulgarians and Albanians are "the 
cheapest" and Ukrainians, Moldovans "the most expensive", AI interview with, 
and e-mail received from, IOM, Kosovo. 
    (69) Internally trafficked minor, aged 17. 
    (70) Traditionally, work in bars and restaurants has been a male 
occupation in Kosovo, although this is no longer the case, especially in large towns. 
    (71) Prishtin/Pri&#353;tina District court, P.No.137/2001; indictment PP 
No, 287/2001, dated 4 September 2001. The trial took place between 4 December 
2001 and 25 January 2002. 
    (72) Interview with former Head of TPIU in, "Saving Girls from Life of Sex 
Slavery", Belfast Newsletter, 30 July 2002. 
    (73) Romanian woman trafficked into Kosovo. 
    (74) Interviews with staff at CPWC and CPVPT. 
    (75) Verdict, N.F., 15 May 2002, Gjilan/Gnjilane District Court. 
    (76) Verdict Pr. Nr. 131/2001. 
    (77) 18-year-old Moldovan woman. 
    (78) AI interview with Pasquale Lupolli, IOM, September 2003. 
    (79) Moldovan woman aged 21. 
    (80) AI interview with IOM staff; see also "Entity Report: Kosovo", in 
Regional Clearing Point First Annual Report, p. 147. 
    (81) E-mail to AI from Derek Chappell, UNMIK Police, 12 March 2004. 
    (82) Their statements were made at the investigative stage of proceedings, 
see , below. 
    (83) See verdict, Prishtin/Pri&#353;tina District Court, P. No. 137/2001 
and appeal verdict, Supreme Court of Kosovo, AF 80/2002. 
    (84) See Supreme Court Kosovo, Appeal Case decision, 3 April 2003 against 
Prishtin/Pri&#353;tina District Court verdict P. nr. 225/2003. 
    (85) See, for example, verdict P. No 10/2001 of 26 April 2001, in which 
three Serb men convicted and sentenced, along with two others, for trafficking 
offences were also found guilty of rape. Two Moldovan women and two Serbian 
women testified that they were raped as a way of forcing them to work; the 
verdict was upheld on appeal; see verdict AP. 252/2001, 19 March 2003. 
    (86) See OSCE Department of Human Rights and Rule of Law, Kosovo, A Review 
Of The Criminal Justice System, 1 September 2000 - 28 February 2001, pp. 58-9; 
the defendant was subsequently sentenced to three years and six months' 
imprisonment on three counts of rape, and intermediation in prostitution; he 
was released pending appeal. 
    (87) See for example the ICC definition of rape as a crime against 
humanity in Article 7 (1) (g)-1: 1. The perpetrator invaded the body of a 
person by conduct resulting in penetration, however slight, of any part of the 
body of the victim or of the perpetrator with a sexual organ, or of the anal 
or genital opening of the victim with any object or any other part of the 
body. 2. The invasion was committed by force, or by threat of force or 
coercion, such as that caused by fear of violence, duress, detention, 
psychological oppression or abuse of power, against such person or another 
person, or by taking advantage of a coercive environment, or the invasion was 
committed against a person incapable of giving genuine consent.[our emphasis]. 
    (88) AI interview with international prosecutor, March 2003. 
    (89) IOM Kosovo, A General Review of the Psychological Support and Service 
Provided to Victims of Trafficking, September 2003, p. 10. 
    (90) See The Health Risks and Consequences of Trafficking in Women and 
Adolescents. Findings from a European Study, Kathy Zimmerman, et al, London 
School of Hygiene and Tropical Medicine, 2003. pp. 49-51. 
    (91) Ukrainian woman trafficked to Kosovo. 
    (92) Women trafficked into Kosovo. 
    (93) AI interview with Naime Sherife, CPWC, September 2003. 
    (94) Internally trafficked Albanian woman, aged 21. 
    (95) UNICEF, UNOHCHR, OSCE/ODIHR, Trafficking in Human Beings in 
Southeastern Europe, 2002, p. 96. 
    (96) See for example, "Si u dhunua Shqipja 22 vjeare?", Kosovarja, 1-15 
May 2003. 
    (97) Limanowska, Trafficking in Human Beings in Southeastern Europe, 2002, 
p. 96. Until August 2003, the international NGO United Methodist Committee on 
Relief (UMCOR) ran a free service, including a mobile clinic, making 
connections with the bar-owners, and encouraging them to let women attend 
UMCOR's mobile clinic. 
    (98) The long term consequences of untreated sexually transmitted 
infections can include pelvic inflammatory disease, lasting damage to the 
reproductive tract, kidney and bladder, infertility, miscarriage, infant 
morbidity and mortality, and cervical cancer, The Health Risks and 
Consequences of Trafficking in Women and Adolescents, p.46. 
    (99) A General View of the Psychological Support and Services Provided to 
Victims of Trafficking, IOM Kosovo, September 2003. See also The Health Risks 
and Consequences of Trafficking in Women and Adolescents. Both studies note 
that insufficient research has been carried out into the psychological trauma 
that trafficked women suffer as a result of their experiences, ibid, p. 2 and 
ibid, pp.13-18, respectively. 
    (100) Verdict, AF Nr. 80/2002. 
    (101) Article 8, ICCPR: (1) "No one shall be held in slavery; slavery and 
the slave-trade in all their forms shall be prohibited. (2) No one shall be 
held in servitude. (3) (a) No one shall be required to perform forced or 
compulsory labour." Article 4(1) ECHR contains a similar provision. 
    (102) "Debt bondage, that is to say, the status or condition arising from 
a pledge by a debtor of his personal services or of those of a person under 
his control as security for a debt, if the value of those services as 
reasonably assessed is not applied towards the liquidation of the debt or the 
length and nature of those services are not respectively limited and defined," 
UN Supplementary Convention on the Abolition of Slavery, the Slave-Trade, and 
Institutions and Practices Similar to Slavery. 
    (103) Bulgarian woman trafficked into Kosovo; in this case, the woman did 
receive a small payment: the IOM report that some traffickers have adopted 
this tactic in order to keep women more compliant, AI interview with IOM, 
September 2003. 
    (104) Verdict P. No. 137/2001. 
    (105) Ukrainian woman trafficked first to Serbia and subsequently to Kosovo. 
    (106) Interview with Naime Sherife, CPWC, September 2003. 
    (107) CPWC, Annual Report 2002, 25 April 2003. The TPIU has publicly 
questioned these figures, arguing that the CPWC does not distinguish between 
victims of trafficking, sexual abuse and domestic violence; see also 
UNICEF,UNHCHR, OSCE/ODIHR, Trafficking in Human Beings in South Eastern 
Europe, Situation Update 2003, p. 174. In its Annual Report, for 2002, the 
CPWC reports that in 10 centres across Kosovo, the NGO assisted some 5361 
victims, of whom 165 were identified as victims of trafficking, (using the 
Trafficking Protocol definition), the remainder being victims of rape or 
domestic violence. 
    (108) The CPWC also continued to support 59 women and girls from their 
2002 case-load, CPWC unpublished Project Report for 2003. 
    (109) Internally trafficked woman. 
    (110) Internally trafficked woman, aged 19. 
    (111) Amnesty International interview with Naime Sherife, CPWC, September 2003. 
    (112) See footnote 15, p.3, above. 
    (113) Without any support and unable to return to her family, she returned 
to work as a prostitute in the bars. OSCE, Report on the Centres for Social 
Work, p.25. 
    (114) UNMIK Police Briefing Notes, 26 February 2004. 
    (115) Internally trafficked Albanian girl, believed to be under 12 years 
of age. 
    (116) AI interview with the manager of the children's shelter. 
    (117) UNMIK Police Briefing Notes, 3 March 2004. 
    (118) Filo pastry pie filled with meat, cheese or spinach. 
    (119) Kosovo Albanian girl aged 13. 
    (120) Amnesty International interviews with Pasquale Lupolli, IOM; Irina 
Cocos, TPIU and Naime Sherife, CPWC, September 2003. 
    (121) 16-year-old from Pej/Pe, Kosovo. 
    (122) 16-year-old Kosovar Albanian, trafficked at the age of 14 to Italy. 
    (123) KFOR assumed a policing role from June 1999 on the basis of para. 9 
(d) UNSCR 1244/99, which charged KFOR with "ensuring public safety and order 
until the international civilian presence can take responsibility for this task". 
    (124) UNIFEM, No Safe Place, pp. 77-8. 
    (125) OSCE, Kosovo: A Review of The Criminal Justice System 1 September 
2000 - 28 February 2001, p.8. 
    (126) UNIS/CP/439, 7 July 2003. 
    (127) LSMS attributed these arrests, convictions and deportations to a 
failure to adequately circulate the Trafficking Regulation, and fully inform 
the judiciary of its provisions; OSCE, Kosovo: Review Of The Criminal Justice 
System, March 2001 - August 2001, November 2001, pp. 55-61. 
    (128) In one case, on 22 April 2002, a Bulgarian woman and Albanian man 
were stopped in a car by UNMIK police. She was found not to have valid 
documents and was arrested on suspicion of prostitution. The Albanian was not 
arrested on suspicion of involvement in trafficking, but for traffic offences. 
UNMIK Police Press Updates, dates as above. More than 50 other incidents are 
similarly reported. 
    (129) This was observed by monitoring UNMIK Police Daily Press Reports, 
and confirmed by the TPIU. 
    (130) AI interview with Irina Cocos, Deputy Head, TPIU, September 2003. 
    (131) Moldovan woman, trafficked as a minor; she later received assistance 
from OSCE and IOM. No legal assistance appears to have been provided. 
    (132) Registered women were authorized to stay in Kosovo for one month, or 
the duration of their "contract", after which they were subject to 
deportation, OSCE, Kosovo: Review of the Criminal Justice System, March 2001 - 
August 2001, pp. 50-1. The new system is no longer linked to deportation. 
    (133) AI interview with Jamie Higgins, former Head of TPIU, November 2002. 
    (134) AI interview with Irina Cocos, TPIU, September 2003. 
    (135) TPIU Year End Report, December 31, 2001; TPIU Year End Report 2002, 
December 31, 2002; TPIU End of Year Report, 2003. 
    (136) UNMIK-KFOR-UNMIK Police-UNHCR Press Briefing, 09 July 2001. 
    (137) Bulgarian woman "rescued" in 2003. 
    (138) AI interview with Jamie Higgins, then-Head of TPIU, November 2002. 
    (139) AI interview with Irina Cocos, then acting Head of TPIU, October 2003. 
    (140) Under UNSCR 1244/999, Kosovo remains part of Serbia and Montenegro, 
maintaining external borders with Albania, Macedonia which, like the 
Administrative Boundary Line (ABL) with Serbia, are covered by UNMIK border 
police; the ABL is also patrolled by KFOR. No visa regime obtains in Kosovo, 
and with the exception of women suspected of being trafficked, no foreign 
visitors or workers, including members of the international community, are 
required to register their presence in Kosovo. 
    (141) Law on the Movement and Stay of Foreigners, Sluzbeni list SFRJ, Nos. 
56/80, 53/85 and 30/89. 
    (142) UNMIK-UNMIK Police-KFOR Press Briefing, 20 May 2002. 
    (143) AI interview with Irina Cocos, then acting Head of TPIU, October 2003. 
    (144) TPIU, Year End Report 2002 and Year End Report 2003. 
    (145) Section 3.1, UNMIK Regulation 2001/27, On Essential Labour Law in 
Kosovo, 8 October 2001. 
    (146) On 28 September 2002, police and KFOR conducted raids on 11 
caf-bars in Gjakov/jakovica, 10 of which were subsequently closed for 
prostitution or employing juveniles or both; three juveniles were "rescued", 
UNMIK Press Briefing Notes, 1 October 2002. 
    (147) Since the introduction of the Regulation, the number of 
establishments on the "off-limits list" has almost doubled. On 1 January 2002, 
110 establishments were listed; a year later, 210 establishments were listed; 
and by March 2004, some 190 premises were listed. 
    (148) Authorized under UNMIK Regulation 2002/6, On Covert and Technical 
Measures of Surveillance and Investigation, 18 March 2002. 
    (149) UNMIK Police Briefing Notes, 24 June 2003. 
    (150) AI interview with Irina Cocos, then acting Head of TPIU, October 
2003; email: Derek Chappell, UNMIK Police, March 2003. 
    (151) As far as the organization is aware, no prosecutions have yet been 
brought under Section 4. 
    (152) TPIU, End of Year Reports for 2001, 2002 and 2003. 
    (153) Sections 2.1 and 2.3 UNMIK Reg. 2001/4. 
    (154) In 2003, because of an increasing number of high-profile war crimes 
trials, international judges presided over only one trafficking trial, in 
which they sentenced one defendant to three years' imprisonment, and two 
others to four years, e-mail to AI from Ioan Tudorache, Department of Justice, 
March 2004. 
    (155) Pej/Pe District Court, P.Nr 131/2001, 8 January 2002; Section 2.1 
carries a minimum sentence of two years' imprisonment, and Section 3, a 
minimum sentence of six months. 
    (156) AI interview with Sebiha Mexhuani, OSCE, September 2003. 
    (157) Similarly low sentences were imposed under Article 251, prior to the 
Regulation. On 2 February 2001, for example, D.N, was convicted for one charge 
under Article 251, three charges of rape and one of falsification of 
documents, to three years' and six months' imprisonment and released pending 
appeal. Under applicable law, Article 103 of the Criminal Law of the Republic 
of Serbia, rape then carried a sentence of between one and ten years' imprisonment. 
    (158) UNMIK Regulation No. 2000/17, On The Admissibility Of Certain 
Witness Statements In Preliminary Investigations, 23 March 2000. 
    (159) Both the TPIU and LSMS report that defence counsel have often failed 
to appear in such proceedings. 
    (160) See for example, Appeal Case Decision, Supreme Court of Kosovo, 29 
April 2003, upholding the verdict of Prizren District court, P. no. 243/2002, 
dated 29 November 2002, in which the suspect was acquitted of charges under 
section 2.2 of the Trafficking Regulation. 
    (161) Under the new Criminal Code, investigations will be initiated by the 
office of the public prosecutor, see Chapters XXIII - XXV, Provisional 
Criminal Code of Kosovo; for the examination of witnesses prior to trial 
proceedings, see Article 238, (Extraordinary Investigative Opportunity) which 
makes provision for a pre-trial judge to take testimony from a witness "where 
there is a unique opportunity to collect important evidence or there is a 
significant danger that such evidence may not be subsequently available at the 
main trial". 
    (162) Article 24 (b), CEDAW General Recommendation 19. 
    (163) The UN Declaration of Principles of Justice for Victims of Crime and 
the Abuse of Power, for example, provides for both "Access to justice and fair 
treatment" and "Assistance", defined as including "the necessary material, 
medical, psychological and social assistance through governmental, voluntary, 
community based and indigenous means". UN GA Resolution 40/34, 29 November 1985. 
    (164) The text of an AD implementing Section 10 of the Trafficking 
Regulation was reportedly completed by April 2001, but its final authorization 
was delayed, reportedly because of concerns related to lack of capacity to 
meet the costs of compensation as well as further debate over its provisions. 
A second draft was completed in April 2002, and a third in September 2003. 
    (165) Amnesty International understands that the draft AD was not 
authorized because of the number of concerns about its provisions expressed by 
both the TPIU and other organizations working with trafficked women. 
    (166) Brussels Declaration on Preventing and Combating Trafficking in 
Human Beings, 18-20 September 2002. 
    (167) The review panel will be composed of a Supreme Court Judge, two 
representatives of the Department of Social Welfare, UNMIK police and 
representatives of the [IOM] and relevant domestic NGO, Section 3.2 Draft 
Directive, September 2003. 
    (168) Draft Section 4.2 (d) requires the applicant to provide details of 
the circumstances under which she was trafficked and "information on the 
alleged traffickers". 
    (169) AI interview, Jennifer Mc Mullan, former Head of TPIU, September 2003. 
    (170) Some &#8364;50,000 was envisaged: AI interview with Mumbi Njau, 
Coordinator, Victim Advocates and Assistance Unit, September 2003 
    (171) Amnesty International notes a strong presumption in relevant Council 
of Europe Recommendations that the provision of assistance and support should 
be detached from the judicial process. 
    (172) AI telephone conversation with Nick Booth, OLA, November 2003. 
    (173) AI interviews with IOM and CPWC, September 2003. CPWC, Annual 
Report, April 2003. 
    (174) Interview, Derek Chappell, October 2003; see also, 
UNMIK-KFOR-UNHCR-UNMIK Police Briefing, 18 June 2001. In regional police 
stations, women are held in the TPIU offices; pending the confirmation of 
funding, a specialized suite where women may be interviewed is reportedly 
being provided in Prishtin/Pri&#353;tina, AI telephone conversation with 
TPIU, March 2004. 
    (175) Interview with Naime Sherife, CPWC, September 2003. NGOs working 
with internally trafficked girls also queried police investigational techniques. 
    (176) The SOP is an agreement between the TPIU, the OSCE, and the IOM as 
to their respective roles and responsibilities towards externally trafficked 
women and girls. 
    (177) The Regional Trafficking Focal Point is a human rights officer 
within the OSCE Human Rights and Rule of Law Division, established in 2001. 
    (178) AI interview with IOM staff member, September 2003. 
    (179) This figure includes repeat interviews with women who were 
interviewed on several occasions before they eventually decided to enter the 
IOM program. 
    (180) Similar assistance has been provided by the OSCE. 
    (181) Although this woman had voluntarily travelled to Kosovo to work as a 
prostitute, the TPIU, considering her circumstances, identified her as a 
trafficked woman. 
    (182) Interview, Irina Cocos, Deputy-Head TPIU; IOM also informed Amnesty 
International of cases of trafficked women released from Lipjan Prison. 
    (183) These measures are set out in detail in Guideline 8 of the UNHCHR 
Principles and Guidelines. 
    (184) The Ministry exercises overall responsibility for social welfare; 
protection and assistance is provided by municipal Centres for Social Work 
administered by the Department of Social Welfare, 
    See Annex VII (iv), UNMIK Regulation 2001/19, On the Executive Branch of 
the Provisional Institutions of Self-Government in Kosovo, and the Law on 
Marriage and Family Relations, 24 February, 1984. 
    (185) Ministry of Labour and Social Welfare, Admission criteria for Child 
Protection Shelters in Prishtina and Prizren, March 2003. 
    (186) In each case, the TPIU conduct a risk assessment, which is provided 
to the relevant shelter. 
    (187) Information received by AI, November 2002; AI interviews with staff 
at Department of Health and Social Welfare, September 2003. 
    (188) The Ministry of Health and Social Welfare and the Centres for Social 
Work (CSW) fall under the PISG. 
    (189) OSCE Department of Human Rights and Rule of Law, Kosovo. Report on 
the Centres for Social Work, Social Services, March 2003, p.5. 
    (190) See for example, Section 3.2, Guidelines for Protection of the 
Rights of Children Victims of Trafficking in Southeastern Europe, UNICEF, May 
2003. AI notes that IOM met with the head of the Department of Social Welfare 
in February 2004 to discuss a Memorandum of Agreement, e-mail from IOM Kosovo, 
March 2004. 
    (191) At least two women had decided, after a few days, to be repatriated 
by IOM; others left, one reportedly returning to the bar where she had worked; 
ISF staff anticipate that women may stay for a maximum period of one month 
before making a decision, AI interview with ISF manager, September 2003; 
e-mail from IOM staff, March 2004. 
    (192) AI interview with former Head of ISF, September 2003. 
    (193) The ISF had by September 2003 already sheltered one victim of 
domestic sexual abuse. 
    (194) An evaluation of the effectiveness of the reintegration of women 
from Kosovo was beyond the scope of this return project. However, concerns 
have been raised that few women receive long-term support and that many are 
re-trafficked, see for example, UNICEF, UNOHCHR, OSCE/ODIHR, Trafficking in 
Human Beings in South Eastern Europe, 2003 Update on Situation and Responses 
to Trafficking in Human Beings, November 2003, pp. 197-8. 
    (195) Kvinna Till Kvinna and Stiftelsen Kvinnoforum for Sida (Swedish 
International Development Cooperation Agency) IOM Regional Counter-Trafficking 
Programme in the Balkans, see, for example, pp. 102-5. 
    (196) Trafficked women reportedly associate the IOM program with 
stigmatization, criminalization, re-victimization through detention, denial of 
freedom of movement in the shelters, invasive and personal questions and the 
"fit to travel" medical examination - lack of long term protection and any 
real options for the future, Trafficking in Human Beings in South Eastern 
Europe, 2003 Update, pp. 197-8. See also Sida, IOM Regional 
Counter-Trafficking Programme in the Balkans, pp. 83-6 &amp;105. 
    (197) The CPWC have also assisted a number of externally trafficked women. 
    (198) A woman whose behaviour is 'shameful' (mbarre) is not only affected 
as an individual, but through the strong perception of family liability, her 
family is also 'shameful' or 'dishonoured'. 
    (199) Articles 3.1 and Article 12 of the Children's Convention requires 
that the views of the child are solicited and respected. 
    (200) Temporary accommodation often has to be provided by refuges for 
victims of domestic violence; a worker at one such shelter told Amnesty 
International of the difficulties they had experienced in providing support 
and services to women and girls with such different and specific needs, AI 
interview with staff at the Safe Women's House, Gjakov/akovica, November 2002. 
    (201) Interviews with Sevdie Ahmeti, CPWC, March and September 2003; See 
also "Kosovar Abuse Victims in Jeopardy", Balkan Crisis Report, No. 403, 3 
February 2003. 
    (202) See paragraph 18, UNHCR Guidelines on International Protection: 
Gender-Related Persecution within the Context of Article 1a(2) of the 1951 
Convention and/or its 1967 Protocol relating to the Status of Refugees, 
HCR/GIP/02/01, 7 May 2002. 
    (203) See Paragraph 196, UNHCR Handbook on Procedures and Criteria for 
Determining Refugee Status under the 1951 Convention and the 1967 Protocol 
relating to the Status of Refugees HCR/IP/4/Eng/REV.1 Reedited, Geneva, 
January 1992, UNHCR 1979 
    (204) See also Section 12.1 of the Trafficking Regulation. 
    (205) UNHCHR Recommended Principles and Guidelines 4, paragraph 6, which 
also requires states to consider ensuring that the protection of trafficked 
persons is built into anti-trafficking legislation. 
    (206) The agreement was signed at the Third Regional Ministerial Forum by 
Ministers from Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, 
Macedonia, Moldova, Turkey and Serbia and Montenegro (then FR Yugoslavia), 11 
December 2002. 
    (207) Elaine Pearson, Human Traffic, Human Rights Redefining Victim 
Protection, Anti-Slavery International, 2002, pp. 4-5, 35-62. 
    (208) Many women reportedly leave witness protection programs because they 
are effectively imprisoned in shelters or those living in more open shelters 
are vulnerable to intimidation by their traffickers. Others face further 
discrimination in seeking employment, social services or other services, 
Commission of the European Communities, DG Justice and Home Affairs, Research 
based on case studies of trafficking in human beings in 3 EU Member States, 
i.e. Belgium, Italy and The Netherlands, 
    Hippokrates JAI/2001/HIP/023. See also, Council Framework Decision on 
Combating Trafficking in Human Beings, 22 January 2001; EU Council Directive 
on the Short-Term Residence Permit Issued to Victims of Action to Facilitate 
Illegal Immigration or Trafficking in Human Beings who Cooperate with the 
Competent Authorities, Brussels, 11 February 2002. 
    (209) Article 59 of the Criminal Procedure Code, Sluzbeni List SFRJ, No. 
4, 14 January 1977. 
    (210) Section 10 (b). 
    (211) IOM describes the information provided to trafficked woman as legal 
advice, but they do not provide the women with access to a lawyer, AI 
interview with IOM, September 2003. 
    (212) E-mail to AI from Sebiha Mexhuani, OSCE, March 2004. 
    (213) AI interview with Judith Lavois, VA Coordinator, October 2003. 
    (214) Article 24.1. 
    (215) UN GA Resolution 53/116 of 1 February 1999. 
    (216) See also the provisions of the UN Declaration of Basic Principles of 
Justice for Victims of Crime and Abuse of Power (A/RES/40/34), 29 November 
1985; the CoE Recommendations on the Position of the Victim in the Framework 
of Criminal Law and Procedure (1985) (Recommendation R (85) 11 of the 
Committee of Ministers; Recommendations Rec. (2002) 5 of the Committee of 
Ministers to Members states on the protection of women against violence, 
adopted on 30 April 2002 and Explanatory Memorandum; and Article 68 of the 
Rome Statute. 
    (217) See Section 5.2 and Section 7.4. 
    (218) Amnesty International interview with international prosecutor, March 2003. 
    (219) Section 3.1. 
    (220) Section.4.2. Similar provisions are made for defence witnesses under 
section 4.1. 
    (221) See also Article 68.5 of the Rome Statute: "Where the disclosure of 
evidence or information pursuant to this Statute may lead to the grave 
endangerment of the security of a witness or his or her family, the Prosecutor 
may, for the purposes of any proceedings conducted prior to the commencement 
of the trial, withhold such evidence or information and instead submit a 
summary thereof. Such measures shall be exercised in a manner which is not 
prejudicial to or inconsistent with the rights of the accused and a fair and 
impartial trial." 
    (222) Amnesty International interview with Sevdie Ahmeti, CPWC, September 
2003. Similar provisions are made in Articles 168-174 of Chapter XX1: 
Protection of Injured Parties and Witnesses, Provisional Criminal Procedure 
Code of Kosovo, UNMIK Regulation 2003/26, 6 July 2003. 
    (223) OMIK Department of Human Rights and Rule of Law, Kosovo: Review Of 
The Criminal Justice System (March 2002 April 2003) "Protection of Witnesses 
in the Criminal Justice System", p.12. 
    (224) TPIU attribute these failures to a lack of cooperation by the 
authorities in the sending state, AI interview with I.C., Deputy Head of TPIU, 
October 2003. 
    (225) OMIK (OSCE Mission in Kosovo), Department of Human Rights and Rule 
of Law, Kosovo: Review of the Criminal Justice System, October 2001, p. 54. 
    (226) Under Section 2.2 (1) of the Trafficking Regulation. 
    (227) Decision by the Supreme Court of Kosovo, 29 April 2003; verdict P 
no. 243.2002, 29 November 2002. J.T was, however, convicted for illegal arms 
possession. An appeal by the public prosecutor for a retrial on the basis of 
"incorrect evidence, the incomplete factual situation and the decision given 
for the sentence" was judged to be unfounded by the Supreme Court in April 2003. 
    (228) The OSCE reported that the judge appeared to find the interaction 
entertaining, but that neither of the women changed their statements, although 
both appeared traumatized by the experience, OMIK, Review of the Criminal 
Justice System, 1 September 2000 - 28 February 2001, July 2001, p. 58. 
    (229) Indictment, PP no. 522/2001; P. no. 418/2002. 
    (230) MSNBC News, "Kosovo court fails trafficking victims", 19 September 2003. 
    (231) AI interview with international prosecutor, September 2003. 
    (232) AI interview, September 2003. 
    (233) Article 6 (6) Trafficking Protocol; the UN Convention against 
Transnational Organized Crime makes similar provisions in Article 25 (2). 
    (234) Draft Administrative Directive, September 2003. 
    (235) The European Convention on the Compensation of Victims of Violent 
Crimes, provides for compensation for serious bodily injury or impairment of 
health even in cases where the offender cannot be prosecuted or punished. 
    (236) Article 103-1 of the SFRY CPC. 
    (237) Norwegian KFOR spokesperson, at a meeting in Prishtin/Pri&#353;tina 
organised by local NGOs, UNIFEM and other international organizations in 1999, 
AI interview with Igballe Rugova. 
    (238) Address to the UN Human Rights Commission, 9 April 2001, "UN 
peacekeepers fuelling trafficking in women, UN expert warns", AFP, 9 April 2001. 
    (239) Paras. 267-272, Women,Peace and Security, Study submitted by the 
Secretary-General pursuant to Security Council resolution 1325 (2000), UN, 2002 
    (240) ST/SGB/2003/13, Secretary-General's Bulletin, Special measures for 
protection from sexual exploitation and sexual abuse, 9 October 2003 
    (241) UNMIK Press Release 470, "UNMIK Outlaws Trafficking of People" 14 
January 2001; see also Reuters, "Sex bars and clubs in Kosovo barred to U.N. 
police", 31 May 2001. 
    (242) Internally trafficked Albanian girl aged 17. 
    (243) Internally trafficked Albanian girl aged 12. 
    (244) Limanowska, Trafficking in Human Beings in Southeastern Europe, p. 
96; OSCE, Department of Human Rights and Rule of Law, Kosovo: Review of the 
Criminal Justice System, October 2001, p. 51. 
    (245) Based on IOM and CPWC estimates; a trafficked girl reported that 
KFOR soldiers paid DM100 for one hour; local men would be charged the same 
amount for a night. 
    (246) US Department of State, Section 5 (f), Country Reports on Human 
Rights Practices: Serbia and Montenegro, 25 February 2004. 
    (247) "[T]here is a suspicion that UNMIK international police officers 
might be involved in trafficking", minutes from October 18 Trafficking Round 
Table Meeting", OSCE, Prishtin/Pri&#353;tina, 22 October 2001, quoted in 
Limanowska, Trafficking in Human Beings in Southeastern Europe, p. 96. 
    (248) "UN police officers probed over Kosovo trafficking", Reuters, 5 July 
2001. The U.S. State Department also appears to have been involved in the investigation. 
    (249) See http://www.unmikonline.org/press/2001/trans/tr130801.html. 
    (250) Sexual Intercourse and Unnatural Debauchery with a Person who has 
not turned Fourteen Years of Age, Article 106, Criminal Law of the Republic of 
Serbia, 1977. 
    (251) OSCE, Kosovo: Review of the Criminal Justice System, October 2001, p.52. 
    (252) OSCE, Kosovo: Review of the Criminal Justice System, October 2001, p.52. 
    (253) Under Section 4, Regulation 2001/4. OSCE, Kosovo: Review of the 
Criminal Justice System, October 2001, p.52. 
    (254) ibid. The same report also describes two other cases, in which 
charges were similarly dropped. 
    (255) "Suspects Charged with Sex Crimes" UNMIK Police Press Release, 13 
June 2003; "UN Policeman in Kosovo arrested over child sex case", AFP, 13 June 2003. 
    (256) Bulgarian woman trafficked to Macedonia, interviewed in 2001, Inge 
Bell Archive. 
    (257) ARD Weltspeigel, Director, Inge Bell, broadcast 17 December 2000. 
    (258) Interview with German KFOR soldier, Inge Bell Archive. 
    (259) "Colonel'caught iinbrothel'", The Times, 6 July 2000; "Royal Marines 
sent home from Kosovo after strip-club booze up", AFP, 11 January 2001. 
    (260) Interview with German KFOR soldier, Inge Bell Archive. 
    (261) NGO Salamon Alapitvany, quoted in No Safe Place, p. 77. 
    (262) They were charged under Article 251, rather than Regulation 2001/4. 
Appeal Case decision, AP 252/2001, dated 19 March 2003, upholding the verdict 
P10/2001, dated 26 April 2001, Prishtin/Pri&#353;tina District Court. 
    (263) E-mail received from French KFOR officer, 2003. 
    (264) He was charged under Regulation 2001/4 by the Kamenica Municipal 
Court in August 2001, OSCE, Department of Human Rights and Rule of Law, 
Kosovo: Review of the Criminal Justice System, October 2001, p.58. 
    (265) AI interview with Irina Cocos, TPIU, September 2003. 
    (266) According to information received in October 2003, US KFOR were 
reportedly taking measures to address this. 
    (267) Amnesty International(s recommendations for the protection of human 
rights in post-conflict peace building and reconstruction in Kosovo. AI Index: 
EUR 70/91/99, June 1999. 
    (268) For example, the IOM: AI interview with Pasquale Lupoli, then-Chief 
of IOM Mission in Kosovo, September 2003. 
    (269) Both UNMIK and KFOR personnel are covered by UNMIK Regulation 
2000/47 On the status, privileges and immunities of KFOR and UNMIK and their 
personnel in Kosovo, 18 August 2000. Article V, Section 20, states: "The 
Secretary-General [of the United Nations] shall have the right and the duty to 
waive the immunity of any official in any case where, in his opinion, the 
immunity would impede the course of justice and can be waived without 
prejudice to the interests of the United Nations. In the case of the 
Secretary-General, the Security Council shall have the right to waive immunity." 
    (270) One case was ongoing in September 2003: despite the waiver, the 
suspect had been released from investigative detention by an international 
judge; TPIU then appealed against the release, AI interview with Jennifer 
McMullen, Head of TPIU, September 2003. 
    (271) "Internal Affairs Policy", TPIU Standard Operating Procedure, 
undated but made available to AI October 2003. 
    (272) TPIU Interim Report, 2003; Year End Report, 2002; [check 2001] 
    (273) At least one other UNMIK police officer was repatriated in 2003, see 
Section 6 (f), US Department of State, Country Reports on Human Rights 
Practices - 2003, Serbia and Montenegro. 
    (274) "We have no information as to what their home countries may do in 
the way of internal or criminal charges. Many police agencies regard a breach 
of the Code of Conduct by their officers while serving in Kosovo as the same 
as breach of their Code of Conduct at home - and in this case they would be 
subject to internal discipline measures once home. This varies from country to 
country and of course we have no way of pressing charges in a foreign 
country," email to AI from Derek Chappell, March 2004. 
    (275) AI interview with Derek Chappell, October 2003. For allegations 
concerning the involvement of international police, including Dyncorp 
personnel, in trafficking in Bosnia-Herzegovina, see Human Rights Watch, Hopes 
Betrayed: Trafficking Of Women And Girls To Post-Conflict Bosnia And 
Herzegovina For Forced Prostitution, HRW Index No. D1409, November 26, 2002. 
For disciplinary proceedings against a contractor in 2003, see p. 32, ft. 136. 
    (276) For disciplinary proceedings against a contractor in 2003, see p. 
26, ft. 150. 
    (277) A Memorandum of Agreement between OHCHR and the DPKO, dated 22 
November 2002, requires at E12 that "The SRSG or Head of Peacekeeping 
Operations shall ensure that all staff of the operation - whether military or 
civilian - are aware of, and abide by, international human rights and 
humanitarian law standards. The SRSG shall issue instructions to this effect". 
    (278) NATO meeting in Brussels, 13 September 2002. 
    (279) E-mail, dated 17 September 2003, to Amnesty International from Chris 
Thompson, Wg Cdr Royal Air Force, KFOR Press Spokesman. 
    (280) See above for examples of disciplinary action against UK personnel, 
p. 44. 
    (281) AI interview with Head of TPIU, September 2003; AI interview with 
UNMIK Police spokesperson, October 2003. 
    (282) Amnesty International, The apparent lack of accountability of 
international peace-keeping forces in Kosovo and Bosnia-Herzegovina", AI 
Index: EUR 05/001/2004. April 2004. 
    (283) See, for example, http://www.nato.int/docu/speech/2003/s031215e.htm 
and NATO Resolution 323 on Trafficking in Human Beings 
    (284) DPKO, Human Trafficking and United Nations Peacekeeping, DPKO Policy 
Paper, March 2004. 
    (285) Under the UN Convention or the relevant Status of Forces Agreement. 
    (286) The conference was organized by, in alphabetical order, 
representatives of the Centre for the Protection of Women and Children, the 
Ministry of Labour and Social Welfare, the International Organization for 
Migration, the Organization for Security and Cooperation in Europe, Save the 
Children, United Nations Children's Fund and United Nations Interim Mission in 
Kosovo, including the Department of Justice Victim Assistance and Advocacy 
Unit and the Department of Health and Social Welfare. 
    
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