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Efforts of the Government of Belarus to Combat Human
Trafficking
Globalization has become the symbol of the final stage of the 20th and the
dawn of the 21st centuries. Globalization wipes out borders and lifts trade
barriers while making the world closer and interdependent. Developing
countries and nations in transition have gained new opportunities for
pursuing important humanitarian goals through developing national economies,
enhancing educational levels, improving healthcare, and extending outreach
of academia. However, being a positive phenomenon at its core, globalization
has also produced a number of negative side effects. One of the most immoral
and inhuman of them is human trafficking or trade in persons especially
women and children for the purposes of sexual exploitation.
Trafficking in persons and related crimes have relatively recently become
the issues of concern for Belarus. To address them, the Government of
Belarus has been pursuing a range of activities in four major fields:
1. Streamlining national legislation;
2. Creating special police units for combating trafficking in persons;
3. Launching an awareness campaign for women seeking employment abroad;
4. Promoting social service institutions capable of rendering assistance to
potential and actual victims of trafficking in persons.
National Legislation and Executive Directives
The Government of Belarus combats human trafficking within the existing
legal framework with adherence to national legislation, norms and principles
of international law, standards in human rights protection, and provisions
of universal and regional international agreements to which Belarus has
acceded.
Legal basis of struggle against trafficking in persons consists of the
following instruments:
- Constitution of the Republic of Belarus.
- Criminal Code of the Republic of Belarus.
- Procedural Criminal Code of the Republic of Belarus.
- Administrative Code of the Republic of Belarus.
- National Program of Comprehensive Measures towards Combating Trade in
Human Beings and Spreading of Prostitution for 2002 – 2007 approved by the
Council of Ministers of Belarus.
New Criminal Code operational in Belarus since 1 January 2001 for the first
time establishes criminal liability for human trafficking, including for the
purpose of sexual or other exploitation. The provision corresponds to the
standards set by the UN Convention for the Suppression of the Trafficking in
Persons and of the Exploitation of the Prostitution of Others as well as by
other international legal instruments banning human slavery or bondage and
any forms of trade in human beings.
The Criminal Code of Belarus contains 46 articles aimed directly or by
implication at combating human trafficking including seduction of minors,
kidnapping, recruitment of people for exploitation, pimping, rape, etc.
The Procedural Criminal Code of the Republic of Belarus envisages concrete
measures to provide personal security for participants of criminal process,
namely confidentiality of witness data, exemption from presence in the court
during hearings, personal guards, protection of housing and belongings,
exchange of passport and other documents, ban on disclosure or release of
data. Victims of crimes can report on their cases in confidential and secure
settings.
In order to effectively fight the proliferation of human trafficking and
prostitution the Ministry of Internal Affairs of Belarus in concert with
other national bodies and non-governmental organizations working in this
area elaborated the National Program of Comprehensive Measures towards
Combating Trade in Human Beings and the Spreading of Prostitution for 2002 –
2007. The primary goal of preventive measures under the Program is to
increase Belarusian people’s awareness of trade in human beings and
prostitution, including through information campaigns in printed and
electronic mass media outlets.
The Program contains a set of measures of social, legal, healthcare and
organizational character aimed at bringing together the efforts of national
bodies and, in such a way, at increasing the efficiency of their work to
combat human trafficking and spread of prostitution. More than a dozen of
leading governmental agencies in accordance with the Program have become
involved in fulfilling these measures, among them Ministry of Justice,
Ministry of Foreign Affairs, Ministry of Internal Affairs, State Security
Committee, Ministry for Health, Ministry of Education, Ministry of
Information, State Committee for Border Security etc. The Ministry of
Internal Affairs is responsible for interagency control and coordination
efforts meant to facilitate the efficient and timely implementation of all
the measures envisaged in the Program.
Most important legal-organizational actions of the Program include:
- elaboration of conceptual provisions defining the victim status of crimes
connected with trade in human beings;
- introduction of improvements in the active legislation;
- study and summarization of investigative and court practices in cases
related to trade in human beings;
- study of practice and mechanisms of provision at the expense of employer
life and health insurance for those hired to work abroad;
- introduction of licensing for international intermediary marriage
activity;
- organization of seminars to study and exchange the experience of combating
human trafficking and prostitution.
The Program contains the following preventive measures to combat violence,
trade in human beings and the spread of prostitution:
- inclusion of aspects of prostitution, trade in human beings, recruitment
of women for the purposes of sexual exploitation in educational
institutions’ general academic courses on moral and sexual issues;
- organization of information campaign aimed at preventing human trafficking
and prostitution through publishing and distribution of printed materials
aimed against these social phenomena, creating and running TV and radio
programs;
- analysis of the practice of the adoption of Belarusian children by
foreigners;
- inclusion in programs on employment opportunities of special measures
aimed at young women and graduates from educational institutions.
The Program contains provision to create a databank of natural and juridical
persons conducting trade in human beings or those who in the course of work
of law-enforcement agencies in Belarus or abroad were taken note of as
involved in trafficking in women and children for sexual exploitation.
The Program also provides for rehabilitation and recovery of victims of
violence and trade in human beings and includes the following:
- organization and improvement of activities of crisis centers to render
assistance to women and children who have become victims of violence or
trafficking including through methodical as well as financial support;
- organization in social services centers for families and children of
multiple-discipline centers for work with children, teenagers, youths,
installation of permanent “hot lines” and “help lines”, conduct of
consultative and psycho-correctional work with women and children victimized
by violence or human trafficking.
The Program contains provisions aimed at delivering to Belarusian people
reliable and trustworthy information on external labor migration, and
possible negative consequences when employed through unregistered juridical
and natural persons. Effective means to pursue this goal will include
regular publishing in major media outlets the lists of licensed firms
assisting in employment abroad.
International Cooperation
In keeping with its international commitments to combat illicit human
trafficking, Belarus has completed the necessary procedures for acceding to
the International Convention on Combating Trade in Women and Children, the
Convention on Civil Aspects of International Abduction of Children and a
series of other relevant multilateral legal instruments. At present, the
Belarusian Government carries out procedural activities to become a party to
the UN Convention Against Transnational Organized Crime and its addenda –
the Protocol against unlawful importation of migrants by land, sea and air,
and the Protocol on prevention and suppression of trade in persons,
especially women and children, and punishment for it.
Cooperation between Belarusian and foreign law-enforcement agencies in
addressing trade in persons is based on bilateral agreements on cooperation
in combating crime with Bulgaria, China, Israel, Lithuania, Moldova, Poland,
Romania, Turkey, Vietnam. The Ministry of Internal Affairs of Belarus is in
the process of completing the necessary procedures to conclude agreements
with Iran, India, Poland, Egypt and Estonia.
In the framework of the Commonwealth of Independent States Belarus has
joined a set of multilateral agreements to fight organized crime including
in trafficking in persons. The Ministry of Internal Affairs of Belarus also
signed bilateral agreements on cooperation with corresponding agencies of
Armenia, Azerbaijan, Georgia, Moldova, Kazakhstan, Kyrgyzstan, Russian
Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
In order to facilitate the implementation of provisions of the
above-mentioned international treaties and agreements the National Program
of Comprehensive Measures towards Combating Trade in Human Beings and
Spreading of Prostitution for 2002 – 2007 provides for the following:
- expanding cooperation with international non-governmental organizations
that work in the sphere of combating human trafficking;
- intensifying cooperation with intergovernmental organizations working in
the area of combating human trafficking;
- establishing contacts with law enforcement bodies and special agencies of
foreign states to start direct bilateral cooperation in combating
trafficking in persons.
In accordance with the Program representatives of the Ministry of Internal
Affairs of Belarus have participated in international seminars on
trafficking in persons held in Austria, the United Kingdom, Sweden, and
Ukraine. To find and prosecute those involved in trade in women for sexual
exploitation, the Ministry of Internal Affairs regularly holds events in
concert with law enforcement agencies of Germany, Poland, Lithuania, Latvia
and Russia. Belarus has established solid and productive relations with the
Interpol. In August-December 2002, the Belarusian Center for Interpol in
concert with the Secretariat General of Interpol prepared analytical report
on the issue of international trade in women from Belarus for the purposes
of sexual exploitation.
In the fall of 2002, Belarusian delegation consisting of representatives of
the Government, leading NGOs, Belarusian division of International
Organization for Migration (IOM) and national media took part in the
International Conference on Human Trafficking held under the auspices of the
European Union and IOM in Brussels, Belgium. During the event delegations of
Belarus, Moldova and Ukraine adopted joint statement addressing Governments
of Western Europe not to treat victims of human trafficking as criminals
deporting them at once upon apprehension.
In the course of realization of concrete measures to extirpate trade in
persons as one of the most serious social problems the International
Organization for Migration in concert with the Belarusian Government will
hold in Minsk on May 14-15, 2003 international practical conference of law
enforcement agencies “International cooperation of law enforcement agencies
in combating trade in persons: problems and solutions”.
Cooperation Between National Agencies and NGOs
In the course of activities undertaken to prevent human trafficking, the
authorities of Belarus and non-governmental organizations have established
remarkable cooperation. Most prominent among Belarusian NGOs are Young Women
Christian Association of Belarus and Women's Foundation of Belarus. The
Government of Belarus maintains strong ties with the International
Organization for Migration. The Ministry of Internal Affairs together with
the Ministry of Labor and Social Welfare participate in seminars conducted
by the Foundation for the issues of trade in women in Central and Eastern
Europe “La Strada”. Law enforcement agencies of Belarus regularly provide
all these organizations with updated information on the latest developments
in the struggle against trafficking in persons, as well as statistics on
victims and those convicted on the charges related to trafficking in
persons.
The Center for Gender Information and Policy (CGIP) of the Ministry of Labor
and Social Welfare jointly with women’s associations has been pursuing a
range of relevant activities over the last three years, e.g. TV coverage and
publication of information pamphlets, regular lectures for women audiences,
consultative services, a series of seminars on the topic of “Trade in Women
in Belarus: Status and Solution Prospects”.
CGIP, Young Women Christian Association of Belarus, United Nations Mission
and UN Department for Public Information in Belarus in concerted efforts
published in November 2001 a brochure “Trade in Human Beings: Fiction or
Reality?” The brochure contains a review of international and national legal
mechanisms concerning human trafficking, lists of agencies licensed in
Belarus to provide employment services abroad, Belarusian and foreign
non-governmental organizations assisting victims of trade in humans, as well
as practical recommendations for women seeking employment abroad.
The Young Women Christian Association of Belarus jointly with the Polish “La
Strada” Foundation on Combating Trade in Women has been pursuing an
“Ariadna” project for the last three years. Advisory telephone line for
women was set up under the project in January 2001. Since then a number of
women have been given necessary assistance.
Two Belarusian project proposals on combating trade in human beings are
currently under consideration with IOM and United Nations Development
Project.
In accordance with the National Plan of Action for Gender Equality for 2001
– 2005 there's a work being done to create specialized women crisis centers.
Women and Children Social Service Centers currently provide assistance for
women who became victims of violence.
Non-governmental associations are establishing similar institutions. For
instance, a crisis center for women who suffered from sexual and domestic
violence was opened in Minsk in 1998 under the Belarusian Women’s Union
auspices. Women’s Educational and Advisory Center has provided psychological
and legal advisory services for victimized women since 1998. The Belarusian
Union of Social Workers is finishing construction of one more crisis center
under a TACIS-sponsored project.
The Academy of the Ministry of Internal Affairs has included in its
educational program special training courses and seminars on the cases
related to trade in persons. Regional branches of the Ministry regularly
hold scientific and practical conferences on exchange of experience among
their officers. The Young Women Christian Association of Belarus organized
on May 25-26, 2002 a training seminar to prepare specialists for preventive
work among women to avert sexual trafficking.
Practical Results of Belarusian Government’s Efforts to Combat Trade in
Persons
In June 2000, the Ministry of Internal Affairs of Belarus created the
Department for Drug Trafficking and Morality. Main responsibilities of the
new institution are to expose organizers of sexual trafficking abroad, pimps
and illegal brothel keepers, as well as to certify persons involved in
prostitution. As rate for these crimes climbs, the Department's manpower has
been growing steadily and currently comprises 30 experts.
As a result of measures undertaken by law-enforcement authorities of the
Government of Belarus the number of exposed crimes connected to trade in
human beings such as brothel keeping, prostitution and pimping has risen by
more than 5 times over the last six years. Whereas only 42 crimes involving
abuse of morality were registered in 1996, their number reached 62 in 1997,
89 – in 1999, 149 – in 2000, and 197 – in 2001. The number of disclosed
crimes rose significantly in 2002 and reached 443. These cases included
trade in persons, abduction, recruiting for sexual exploitation,
distribution of pornographic materials/items, maintaining brothels and
pimping, inciting minors to bad social behavior, involvement with
prostitution. In 2002, 44 people were convicted and sentenced to different
punishment for crimes connected with trade in persons, including
imprisonment for 19 of them.
In 2002 law-enforcement agencies certified 215 victims in criminal cases
related to trade in persons. All of them acted as witnesses during
investigations. Internal affairs agencies and NGOs conduct the necessary
work with victims to assure their security, help reestablish their
self-sufficiency and recover physically and mentally.
In 2001 law enforcement agencies of Belarus started prosecution against
international criminal group, consisting of Belarusian, CIS and German
nationals. It had been recruiting and trafficking women for prostitution to
Germany, Austria, Italy, Spain and other Western European countries between
1997 and 2001. In close coordination with the Federal Department of
Investigations of Germany Belarusian police apprehended 16 group members,
temporarily detained 42 women involved with prostitution, confiscated over
DM 200 000 and real estate property.
Belarusian legislation imposes licenses upon activities related to
employment abroad for Belarusian citizens. In order to rule out violations
in the morality area law enforcement agencies carry out preventive measures
aimed at informing people on the issues of external labor migration, and
verification of firms dealing with employment abroad. Presently there are 58
companies licensed to employ Belarusian citizens in 25 countries and 679
juridical and natural persons owning tourist licenses.
The Department for Migration under the Belarusian Ministry of Labor and
Social Welfare has been permanently monitoring activities of all companies
providing job-seeking services for Belarusian citizens abroad. Seven of such
companies were banned from further operation, with their licenses terminated
in 2001. In certain instances information on agencies that abuse national
legislation on employment abroad was forwarded to the police for further
action. The Department also controls advertising of foreign employment in
the media.
Currently there are two specialized crisis centers in Belarus working with
women who suffered from violence. 23 centers of social services to families
and children of the Ministry of Labor and Social Welfare render social and
psychological assistance to women who suffered from any unlawful actions,
while 26 social and pedagogical centers of the Ministry of Education assist
minors and teenagers. In accordance with the provisions of the Program, the
Ministry of Education of Belarus is in the process of establishing a net of
new socio-pedagogical institutions that among other functions will include
“help lines”. Multi-discipline centers are being set up for work with
children, teenagers, youths and young families.
In the framework of preventive and rehabilitation measures of the Program
the Ministry of Internal Affairs seconded 9 people to the extension courses
on issues of psychotherapy for victims of trade in persons and violence. The
Central Hospital of the Ministry of Internal Affairs of Belarus has created
a psychotherapy ward, while all regional Ministry’s hospitals, in order to
conduct psycho-correctional work, established the positions of
psychotherapists.
In the course of implementing the Program, the Ministry of Internal Affairs
together with Ministry of Information, Ministry of Labor and Social Welfare
and Ministry of Education initiated publications in mass media, addresses to
labor collectives and educational institutions. Various reports on the topic
of trafficking in persons were printed in all major media outlets.
On October 24, 2002 the Academy of the Ministry of Internal Affairs
organized a seminar on theories and practices of “Counteraction to
trafficking in persons and prostitution”. All national agencies involved in
solving the problem from legislation, law enforcement, education, social
protection and healthcare sectors of the Government participated in the
event.
The Ministry of Education included in academic programs of all types of
educational institutions the issues of healthy life-style and preventing
harmful habits. Methodological recommendations of the Ministry of Education
for the new academic year will include additional clarifications related to
the growth of prostitution, trafficking and recruitment of women for sexual
exploitation.
Main obstacles in effective implementation of policies of Belarusian
Government to combat human trafficking
The Government of the Republic of Belarus faces several major problems that
have become obstacles in increasing the efficiency of law enforcement
agencies’ activities in combating the crimes of trafficking in persons,
including, among others:
- absence of common interagency information system containing data on
natural and juridical persons who were taken note of as connected to
trafficking in women for sexual exploitation;
- lack of resources to provide opportunities for law enforcement officers
dealing with trafficking in persons to enhance professional level and
receive special training. So far their qualification is increased only at
seminars with participation of foreign experts;
- absence of material and technical basis corresponding to modern
requirements of law enforcement agencies to keep track and document
activities of international crime groups.
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