Caucasus journalists are join their efforts against human traffic

Zahir Amanov

To Iran – to collective oral sex...

Human Trafficking continues to be a dangerous problem in the world. According to the UN reports, every year about four million people become the victim of human trafficking in this or other way. This problem is not alien to Azerbaijan as well. The facts of sexual abuse of women have spread all over the country.

Anar Orujov

Human Hunters

AZERBAIJAN (TIER 2 - WATCH LIST)

Azerbaijan is primarily a country of origin and transit for trafficked men, women, and children for the purposes of sexual exploitation and forced labor. Azerbaijani, Russian and Central Asian women and girls were trafficked from or through the country to the United Arab Emirates (U.A.E.), Turkey and Pakistan for sexual exploitation. Men were trafficked to Turkey and Russia for forced labor and boys were trafficked internally for begging. Women and girls, some from orphanages, were trafficked internally from rural areas to the capital city for sexual exploitation.

The Government of Azerbaijan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. A more complete picture of trafficking in Azerbaijan warrants its inclusion in this report for the first time. In the absence of government identification, local and international experts catalogued a significant number of victims trafficked from or through Azerbaijan during the reporting period. The government merits the designation of Tier 2 Watch List because its efforts are in initial stages and progress is expected in the near future. Law enforcement officers were neither trained nor instructed on victim identification and did not adequately investigate trafficking, nor the extent to which government corruption facilitates it. The government should promptly adopt and fully implement its national action plan and undertake and implement necessary legal reform.

Prosecution
Trafficking was not specifically criminalized in the Azerbaijan criminal code. Slavery, rape, coercion into prostitution and inducing a minor into prostitution were used to prosecute trafficking crimes. In the absence of the crime of trafficking, the government reported 23 trafficking-related arrests, 20 of which resulted in convictions with sentences of imprisonment or fines. The government did not provide sentences, but most trafficking-related crimes carry maximum penalties between three to six years’ imprisonment, except rape, which carries a maximum penalty of 15 years’ imprisonment. Corruption was a continuing problem during the reporting period and the government dismissed the chief of a regional passport registration office and two inspectors for issuing illegal citizenship identification cards to several individuals.

Protection
The government had no measures in place to protect victims or to refer them to NGOs. The government provided mandatory health screening and treatment to prostitutes, many of whom fit the trafficking profile. The government did not provide these individuals with information on trafficking, nor did they have a method for systematically referring such information to law enforcement authorities.

Prevention
While the Ministry of Interior coordinated the government’s anti-trafficking activities, international organizations and NGOs conducted the bulk of anti-trafficking prevention. A government working group, under the leadership of international organizations, drafted elements of a comprehensive national action plan. The plan had not been finalized by March 2004. The Ministry of Interior improved its capacity to track potential traffickers and victims transiting through the airport. The government regularly communicated with neighboring governments on transnational crime issues, including trafficking in persons.

GEORGIA (TIER 2 - WATCH LIST)

Georgia is a source and transit country for women and men trafficked for the purposes of sexual exploitation and forced labor to destinations such as Russia, Greece, Israel, Turkey, and Western European countries. Evidence suggests that some women from Russia and Ukraine were trafficked to Turkey via Georgia. There are no reports on the full scale of the trafficking problem, and additional information emerged on trafficking of men. According to the UN Committee on the Rights of the Child, incidents of commercial sexual exploitation of children, particularly for prostitution and pornography, are reportedly increasing, especially among girls.

The Government of Georgia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Georgia has been placed on Tier 2 Watch List because of its failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons compared to the previous year, and its commitment to take future steps over the next year. Georgia’s efforts were recognized by its Tier 2 classification in September 2003 following targeted law enforcement actions and increasing public awareness activities. During the latter part of the reporting period, a new government came into power. The changeover in government required reconstituting most government-supported mechanisms. The new government is expected to respond more effectively to institutional weaknesses and corruption which hindered the previous government’s anti-trafficking efforts. The government should create a formalized referral system to NGOs, ensure consistent resources for police and improve protection of victim identity in public fora.

Prosecution
Article 143 of the criminal code prohibits trafficking in persons and Article 172 prohibits trafficking in minors, both for the purposes of sexual, labor and other forms of exploitation. Both articles provide for basic penalties from 5-12 years’ imprisonment, with maximum penalties of 20 years for aggravated circumstances. Experts were revising these articles during the reporting period in order to strengthen the terms and provide victim protection, but passage of draft amendments was expected to require additional time. District prosecutors were investigating two cases of trafficking in women to Turkey for sexual exploitation and the two defendants were placed in pre-trial detention. During much of the reporting period, the Ministry of Interior’s anti-trafficking unit focused on illegal adoptions rather than trafficking as understood in the international instruments. The two-year-old unit lacks government resources to adequately operate.

Protection
The government did not have a formalized referral mechanism for victim protection, nor did it provide protection or assistance. Due to the scarcity of resources, it relied on the expertise of international organizations and NGOs, but few victims were recognized for assistance. While injured party rights during criminal proceedings were theoretically available to victims, they were not commonly used.

Prevention
The government participated in several prevention programs, including broadcasting a trafficking documentary, but its focus weakened during the latter part of the reporting period. The National Security Council, under the new government, retained the responsibility for trafficking policy and formed a new high-level working group that met in February 2004. The working group established a Coordinating Council to meet bi-weekly at the Public Defender’s Office. The Public Defender’s office previously coordinated the operation of a trafficking hotline, but this hotline was discontinued for lack of funding. Border guards monitored migration patterns, but did not focus specifically on trafficking patterns and did not disseminate prevention information to potential victims. Police, prosecutors, hotline operators and National Security Council officials cooperated with NGOs to conduct regional training sessions on trafficking prevention and identification. The Public Defender’s office ran a training session for airport personnel funded by a foreign donor.

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