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37ЮРИДИЧЕСКИЕ ЗАПИСКИ. 2014. № 2.
АКТУАЛЬНЫЕ ВОПРОСЫ УГОЛОВНОГО ПРАВА
УДК 343.431
B.T. Panov*
ТRAFFICKING WITH A SPECIAL FOKUS ON TRAFFICKING IN WOMEN IN THE REPUBLIC OF MACEDONIA
Панов Б.Т. Торговля людьми с особым вниманием на торговлю женщинами в Республике Македонии. - йатья .
Изучение явления торговли людьми, особенно торговли женщинами в целях сексуальной эксплуатации, результаты которого представлены в данной работе, направлено на получение соответствующей и полной информации о масштабах и особенностях этого явления в Республике Македония
Ключевые слова: торговля, женщины, эксплуатация, сексуальная эксплуатация .
Panov B T. Trafficking with a special focus on trafficking in women in the Republic of Macedonia. -
Article
The study of human trafficking, especially trafficking in women for sexual exploitation, the results of which are presented in this paper aims at getting to relevant and comprehensive information about the size and characteristics of this phenomenon in the Republic of Macedonia
Keywords: trafficking, women, exploitation, sexual exploitation
Панов Б.Т. Торгівля людьми з особливою увагою на торгівлю жінками в Республіці Македонії. - йаття .
Вивчення явища торгівлі людьми, особливо торгівлі жінками з метою сексуальної експлуатації, результати якого представлені в даній роботі, спрямоване на отримання відповідної та повної інформації про масштаби та особливості цього явища в Республіці Македонія .
Ключові слова: торгівля, жінки, експлуатація, сексуальна експлуатація .
In addition, although, according to all available information, the trafficking of women for sexual exploitation the most common form of human trafficking, unjustifiably neglecting its other extremely severe forms, such as child trafficking and various forms of trafficking for labour exploitation
The crime of human trafficking was introduced in the Macedonian legislation with the amendments to the Criminal Code of 25 January 2002 as part of Article 418a.
With the introduction of this act, Macedonia, which has signed the Palermo Protocol of the UN Convention against Transnational Organized Crime and its two additional protocols fulfilled its
obligation to harmonize the national legislation with international standards Article 418, which defines the crime of human trafficking was amended again in March 2004. Amendments of 2004 refer to paragraph 1 of Article 418a, and offer an extended list of forms of exploitation than those stated in the Palermo Protocol as «exploitation of prostitution or other forms of sexual exploitation, pornography, forced labour or services, slavery, forced marriages, forced fertilization, illegal adoption, or similar arrangements or illegal transplantation of human organs « If the victim is a child or a minor, the minimum penalty is increased and the offender will be imposed a penalty of up
* Panov Blagoj Tose - PhD student Department Public Law Science and Public Management, South-West University, Neophyte Rilski-Blagoevgrad - R Bulgaria .
to eight years. Furthermore the amendments also criminalize the activities of the person who committed the offense, the facilities and means of transport by which the offense was committed are also withdrawn from them
Amendments of 2004 of the Penal Code of Macedonia, in addition to the crime of human trafficking in Article 418a also introduce two new offenses - trafficking in migrants in Article 418b and participating in an organized group to commit human trafficking and migrant smuggling in Article 418v The amendments to the Criminal Code of the Republic of Macedonia in January 2008 introduced a new offense for trafficking minors with Article 418g, which puts special emphasis on the protection of minors, victims of trafficking and prosecute offenders, also the minimum penalty was changed to eight years of imprisonment The term trafficking implies coercion, transport or otherwise transfer, receipt or keeping of other entities in any location And the use of force or threat, or use of other forms of coercion, abduction, fraud, deception, abuse of power or the difficult situation in which the person is, giving or receiving money or other benefits from a person having control over another person with a view to sexual, labour or other form of exploitation
Exploitation and enslavement is the most important element of trafficking, which makes it different from smuggling people. So, people smuggling is not the same as human trafficking However, it can easily grow into it, bearing in mind the lack of protection of illegal migrants and their upuaenost the illegal market documents, work and so on , as well as connections with people smugglers various agencies that mediate finding a job in the illegal labour market In addition, smuggling of people still implies crossing borders, while trafficking can take place within the borders of one country.
For a better understanding of the problem of trafficking it is necessary to determine what is meant by transnational and organized crime Transnational crime is
a crime that takes place on territory of several countries while in violation of the laws of multiple countries The main characteristic of organized crime, however, is that it is a process method of committing crimes, and not a special type of crime or criminal . Human trafficking is in itself a form of illegal market, and from the standpoint of criminal organizations, people are a commodity like any other The most common victims of trafficking are women, children and migrants Although the trafficking of women for sexual exploitation is a form of trafficking that is most known and the most spoken in public, women trafficking is a wider problem and occurs in three main forms: trafficking in women for sexual form of exploitation, trafficking in women for the purpose of exploitation (domestic) labour and trafficking in women for marriage (mailorder brides).
When we talk about trafficking of women for sexual exploitation, we should distinguish between trafficking and prostitution The main difference lies in the fact that trafficking in women implies slavery, or the complete absence of freedom of choice and movement -the woman is ownership of the person who bought it and can not willingly cease to engage in prostitution, or to leave their respective owners On the other side, also, regardless of how many various forms of coercion and exploitation are included, prostitution implies the possibility of willingly selling one's own body for earnings with freedom of movement, freely dealing or not dealing in prostitution, and the like
A victim of trafficking may be a woman who was fraudulently forced into prostitution, and women who willingly began to engage in prostitution but was later drawn into the trafficking chain and fell into slavery. Given that this is a phenomenon about which there is very little reliable information, as well as the form of organized crime for which it is not possible to collect data using the conventional method, using the experiences of other researchers we decided
to use an ethnographic multimethod, or a combination of multiple sources of data and data from state authorities the results of previous research and data from local non-governmental organizations and data from international organizations as well as other written material Trafficking of women in Macedonia is a form of organized crime and therefore is characterized by concealment, mobility and linkage with legal actors . The next question we sought an answer for is who are the victims of trafficking in Macedonia-how old they are, and which countries they come from and what their nationality and education are In particular, there is little data about our nations victims of trafficking It is assumed that this research will confirm that in Macedonia most trafficked women come from Eastern Europe, but also our citizens often end up in the hands of traffickers Then, we tried to find an answer to the question whether Macedonia is a country of origin, transit or the destination The answer to this question is also a prerequisite for creating an effective system of prevention and control of this phenomenon on the trafficking of women in Macedonia, we assumed, the affecting number of micro- and macro-factors operating within the local and regional context
Bearing in mind that in Macedonia, in addition to macro-factors, many micro factors of criminalization and victimization (push and pull factors) as well as factors that facilitate trafficking of women, we assumed that Macedonia is primarily a transit country, but a country of origin and destination Since the beginning of 2002 till October there were registered a total of 744 victims of which the following characteristics of the victim can be derived: It was found that such victims are mostly women and girls, but there are men and boys These victims are usually aged between 19 and 30 years, but with an increasingly growing number of younger people Victims are most commonly found in small, medium and not as much in major cities, as well as villages The victims are from relatively less developed
regions, most of them are unemployed or poor, these are usually people with low a level of educational and very rarely speak a foreign language The latter of course is not the rule, because there are victims who are intellectually well developed, and some even have high and prestigious education According to their origin the highest percentage of victims who have suffered from trafficking in Macedonia from 2002 to 2005 were from Moldova and Romania, for a total of 744 victims, 358 (48 . 12 %) were from Moldova, 228 (30. 65 %) were from Romania, and the rest were from Albania, Bosnia and Herzegovina, Bulgaria, Belarus, Czech Republic, Slovakia, Croatia, Lithuania, Macedonia, Russia, Ukraine, Kosovo, Montenegro and Serbia. According to the gender and the age of the 744 victims -743 (99.87 %) were women, and of those 453 (60.97 %) were aged 18 to 24 years .
According to marital status 467 (62 77 %) were single, 445 (59.81 %) were without children, 464 (62. 37 %) had work experience and 449 (60.35%) were first time victims of human trafficking. In 2010, the state of human trafficking in the Republic of Macedonia remained with the same basic characteristics as in the past years Minors were recruited for the purpose of sexual and labour exploitation .
The great interest of the citizens of Middle Eastern countries (Iraq, Afghanistan, Palestine) to illegally cross within the EU countries promoted interest in criminals to commit trafficking of these individuals through the territory of Macedonia, but also in other Balkan countries within reach EU members in Western Europe
During 2011 migrants were discovered, 33 of which were Afghans, 18 Pakistani and under 11 Somalis and Moroccans, nine were Albanians
4 Iraqi and Kosovars, two Serbs and one Algerian, Libyan and Tunisian citizens In 2012, 682 illegal migrants were found of which 140 migrants attempting to enter, 111 migrants exiting the country and 431 migrants within the country of which of 328 Albanians, 60 Afghan, 88 Pakistanis, 34 Somali, 21 Kosovars, 14 Turks,
10 Palestinians, 9 from Morocco, 11 Serbians and 5 Algerians During the investigation of the case to juvenile prostitution in Stip, which had elements of trafficking minors, and which, as defendants involved 13 adults and two minors In 2010 no judgments were delivered under Article 418 of the Penal Code, while the sentences were handed down in 2011
Brief statistical analysis of the cases shows that trade in minors is done with the purpose of sexual or labour exploitation and to obtain material advantage Perpetrators are individuals - citizens of Macedonia, and the way of recruitment is mostly by fraud and deceit of young victims under the promise of legal citizenship in another country. While using threat and physical force with the purpose to obtain the obedience and helplessness of the victims The two victims were handed over to the person - a mediator from Gostivar in order for victims to perform sexual services for money which through intermediaries were to be paid to the organizer of traffic Amounts of 100 up to 1000 euros had been paid for the services The victims are kept in deceit and provided food and accommodation while being exploited Once they had been accepted and work involved working mainly in the night in catering, they worked as waitresses and escorts for the masses of customers, where they were obliged to drink and perform services for the clients with a view of ensuring large monetary profits for their employers .
Trafficking in women is typically divided into three main stages: recruitment, transportation or transfer from the country of origin to the destination by pre-defined paths (channels) and victimization, to which victims are exposed whether during the trip or after they arrive at the place of destination From the country of origin to country of destination, the women are transported and transferred by predetermined channels (routes) that are controlled by traffickers involved in well organized international criminal networks On those routes they usually cross through the bor-
ders of multiple countries, and temporarily remain in some (temporary destinations), the victims can be sold and resold multiple times until they reach their final destination .
With the study of trafficking in Macedonia, the following forms of victimization of adult female victims have been identified: seizing or the destruction of passport and the other identity documents, as well as the forfeiture of any money the victim might have, deprivation and restriction of movement of the victims, physical, psychological, sexual violence, threats and blackmail, coercion into prostitution, debt bondage, non-payment or payment far below the agreed amount, creating an addiction to drugs or alcohol, very poor living and work conditions, selling and reselling of the victims .
The victims become dependent on the traders, become a nobody, a person without an identity, which prevents them from trying to seek help to get out of the vicious circle of trade . Sex industry and prostitution are phenomena that are closely related to the trafficking of women The main difference is that the trafficking of women entails slavery, or the lack of freedom of choice and movement. Women victims of trafficking are property of the person who bought them and can not willingly stop engaging in prostitution Prostitution, on the other hand, regardless of how included various forms of coercion and exploitation, entails the possibility of one's own body and earnings, freedom of movement, freedom to dealing with or not dealing with prostitution and the like To recognize the forms prostitution in Macedonia: street, hotel, agency, non-agency prostitution in apartments, prostitution in nightclubs and bars, elite, sports and prostitution for oneself
Although the existing international instruments and most modern legislation makes a distinction between trafficking and prostitution, as demonstrated by the results of research, it is difficult to make a clear distinction of these two phenomena, prostitution being closely linked to human trafficking. Prostitution
and sexual exploitation are some of the possible forms of exploitation of trafficked women, and the boundaries between voluntary and forced prostitution, especially between forced prostitution and trafficking of women are often very difficult to draw
Conclusion: The survey results clearly indicate that trafficking in women is widespread in Macedonia Victims of trafficking in Macedonia are mostly from Eastern European or poor countries where living conditions are poor such as Moldova, Ukraine and Romania The survey results also show that the victims are also our citizens, women in towns and villages throughout Macedonia, as well as those who are still underage But experience shows that anyone can become a victim of trafficking, regardless of age, nationality, citizenship or education The results show that Macedonia is a country of transit of trafficked women, as well as country of origin, temporary or the permanent destination, as well as countries within which there is also domestic trade in women
With regard to the channels through which adult women are being trafficked, it should be stressed that the research showed no differences in the routes in trafficking of women for sexual exploitation on the one hand, and labour exploitation on the other The data obtained by the survey confirm that the most common form of recruitment of trafficked women appears to be false information about the work, its conditions and the amount of money it pays The women that get affected by trafficking most often are recruited by their friends, acquaintances, women already member of the chain of trade, former prostitutes, couples, but also numerous
agencies such as modelling agencies and the like On the way as well as the temporary or the permanent destination, women are exposed to various forms of victimization: they are sold and resold, have their documents confiscated and their movements are very limited, they are abused, whether physically, psychologically or sexually, subjected to threats and blackmail, given drugs and alcohol and forced into prostitution
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