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A Legal Analysis of Trafficking in Persons Cases in Kosovo - OSCE Report

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A Legal Analysis of Trafficking in Persons Cases in Kosovo. OSCE. October 2007.

EXECUTIVE SUMMARY

The problem of trafficking in human beings (“trafficking”) continues to be a major human rights concern in Kosovo.

The monitoring of trafficking cases by the Organization for Security and Co-operation in Europe (OSCE) in 2006 and 2007 reveals a concerning lack of preparedness by the Kosovo authorities to handle these cases. In particular, the OSCE has noted a consistent failure of the relevant authorities to place the human rights of trafficked persons “at the centre of all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims.”(1)

In cases monitored by the OSCE, victims did not receive the basic guarantees provided by law, and frequently faced prosecution or the threat of prosecution. Witness protection measures were rarely used, despite the regular intimidation of victims. Moreover, judges and prosecutors often failed to understand the legal definition of the crime of trafficking, or permit perpetrators to go unpunished.

In summary, the OSCE observed that authorities involved in the investigation and prosecution of alleged traffickers fail to adopt a victim-centred approach, or to ensure that perpetrators face justice.

The OSCE's Legal System Monitoring Section has addressed the issue of trafficking in previous reports.(2) It acknowledged positive developments at the legislative and institutional levels. However, most of the concerns related to the judicial handling of trafficking cases still exist.

Therefore, the OSCE remains deeply concerned by the continuing failure of the Kosovo judicial system to adequately respond to the worrying phenomenon of trafficking in human beings.

Notes:

(1) United Nations Office of the United Nations High Commissioner for Human Rights (”High Commissioner for Human Rights”), Recommended Guidelines and Principles on Human Rights and Human Trafficking, UN Doc. No. E/2002/68/Add.1, 20 May 2002 (“High Commissioner for Human Rights Recommended Principles”).

(2) First Legal System Monitoring Section Review of the Criminal Justice System (July 2000); Third Review of the Criminal Justice System (October 2001); Fourth Review of the Criminal Justice System (February 2002); Fifth Review of the Criminal Justice System (April 2003); Sixth Review of the Criminal Justice System (October 2004).

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A Legal Analysis of Trafficking in Persons Cases in Kosovo