December 2002 Volume 14 No. 9 (D)

BOSNIA AND HERZEGOVINA

HOPES BETRAYED:

TRAFFICKING OF WOMEN AND GIRLS TO BOSNIA AND HERZEGOVINA
FOR FORCED PROSTITUTION

I. EXECUTIVE SUMMARY 6 6

II. KEY RECOMMENDATIONS 9 9

To the Government of Bosnia and Herzegovina 9 9
To the United Nations 10 10
To the U.N. Mission in Bosnia and Herzegovina 10 10
To the U.S. government 11 11
To the Stabilization Force (SFOR) 12 12

III. BACKGROUND 13 13

The International Community in Bosnia and Herzegovina 16 16

IV. WOMEN'S AND GIRLS' EXPERIENCES OF TRAFFICKING INTO THE BOSNIAN SEX INDUSTRY 18 18

Women's and Girls' Reasons for Migrating 18 18
Recruiting Practices 18 18
Trafficking Routes and Transportation 19 19
Sale of Women and Girls 20 20
Conditions in the Nightclubs 20 20
Police Raids 21 21
Prosecutions of Victims 22 22
Escaping from the Nightclubs 22 22
Returning Home 22 22

V. INTERNATIONAL AND DOMESTIC LEGAL PROTECTIONS AGAINST TRAFFICKING 24 24

International Law Protections 24 24
The Trafficking Protocol 24 24
Standards Relevant to the Trafficking of Children: The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography 25 25
Convention on the Rights of the Child 26 26
Other Relevant Standards for Combating Trafficking of Women and Girls 26 26
Domestic Legal Protections 27 27
The Federation: Criminal Law 27 27
Criminal Charges against Corrupt Officials 28 28
Confiscation of Assets and Compensation of Victims 28 28
Republika Srpska: Criminal Law 28 28
Criminal Charges against Corrupt Officials 29 29
Confiscation of Assets and Compensation of Victims 29 29
Brcko Criminal Code 29 29

VI. LOCAL POLICE INVOLVEMENT IN TRAFFICKING 30 30

Direct Links to Trafficking of Women and Girls 30 30
Police As Bar/Brothel Owners and Traffickers 30 30
Police As Employees of Establishments Holding Trafficked Women and Girls 30 30
Police Complicity and Corruption: Bribes and Freebies 31 31
Police Visitors to the Nightclubs 32 32
Tip-offs about Raids 34 34
Involvement by Police Foreigners' Departments 34 34
Fake and Forged Documents 35 35
The International Police Task Force (IPTF) and Monitoring the Local Police 36 36

VII. THE BOSNIAN GOVERNMENT RESPONSE 38 38

Failure to Prosecute Traffickers 39 39
Failure to Prosecute or Discipline Corrupt Police Officers 40 40
Prosecution and Deportation of Trafficking Victims 41 41
Lack of Witness Protection 42 42
Lack of Regularized Immigration Status 43 43

VIII. THE U.N. RESPONSE 44 44

Failure to Define Trafficking in accordance with International Law 44 44
Failure to Provide Safe Shelter outside the Capital 47 47

IX. LEGAL IMMUNITY AND IMPUNITY FOR INTERNATIONAL COMMUNITY MEMBERS INVOLVED IN TRAFFICKING 49 49

The Stabilization Force (SFOR) 49 49
International Police Task Force (IPTF) 50 50
The U.S. Government Position 50 50

X. IPTF AND TRAFFICKING 52 52

IPTF Officers As Clients 52 52
The Prijedor Case 52 52
Clients and "Contracting" 53 53
Purchases of Women from Brothels 55 55
Alleged Retaliation against Whistleblowers 57 57
Lack of Transparency in U.N. Internal Investigations 59 59
UNMIBH's Response in the Prijedor Case 60 60
Operation Makro 62 62
A Record of Impunity 63 63

XI. SFOR CONTRACTOR INVOLVEMENT 65 65

U.S. SFOR Contractors and Trafficking 65 65
Impunity for SFOR Contractors Engaged in Trafficking-Related Crimes 70 70
DynCorp and Corporate Responsibility 71 71

XII. CONCLUSION 72 72

Additional Recommendations 72 72
To the Bosnian Government 72 72
To the United Nations Mission in Bosnia and Herzegovina (UNMIBH) 73 73
To the IPTF 73 73
To DynCorp 73 73
To the Organization for Security and Cooperation in Europe (OSCE) 74 74
To the Stability Pact for the South Eastern Europe Task Force on Trafficking in Human Beings 74 74
To the Council of Europe 74 74

Acknowledgments 76 76

ABBREVIATIONS

BiH Bosnia and Herzegovina

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CRC Convention on the Rights of the Child

ECHR European Court of Human Rights

EUPM European Union Police Mission

ICCPR International Covenant on Civil and Political Rights

IOM International Organization for Migration

IPTF International Police Task Force

KM Convertible Mark

MEJA Military Extraterritorial Jurisdiction Act

ODIHR Office for Democratic Institutions and Human Rights

OHCHR Office of the High Commissioner for Human Rights

OHR Office of the High Representative

OSCE Organization for Security and Cooperation in Europe

RS Republika Srpska

SFOR NATO-led Stabilization Force

SRSG Special Representative of the U.N. Secretary-General

STOP UNMIBH Special Trafficking Operations Program

UNMIBH United Nations Mission in Bosnia and Herzegovina