Features
Acting with Impunity: A Three-Part Series on Peacekeepers’ Involvement in Trafficking in Women in Bosnia and Herzegovina -- Part II: Focus on Trafficking in Bosnia and Herzegovina
by Pauline White

United Nations peacekeeping personnel, working in Bosnia and Herzegovina in the aftermath of the Bosnian war, have been accused of various human rights abuses, including trafficking in women. These abuses range in scope from patronizing brothels where women were held in slavery-like conditions to working with organized crime to facilitate the movement of trafficked victims. In this series, I analyze the role that United Nations personnel, in particular civilian police, have played in trafficking in women in Bosnia and Herzegovina. The first installment of this series, published in the last issue, addressed how peacekeeping missions have changed since the end of the cold war. Various characteristics of these modern peace-building missions have allowed for an environment in which trafficking in women can flourish. This second installment analyzes the root causes of trafficking in women, both overall and specifically in Bosnia and Herzegovina. The third and final installment will discuss the gendered implications of trafficking in women and how trafficking in women in Bosnia and Herzegovina could have been predicted and thus avoided.

Trade in women is not purely a modern phenomenon. Anthropologists have long argued that trade in women for sexual purposes reflects cultural practices and norms often deeply embedded in many kinship systems.¹ Various cultural practices throughout history reflect this notion. Women have been taken in combat and given as gifts, exchanged to create kinship, and in various other ways, bought and sold. The spread of market economies has only served to transform these practices into more complex and commercialized systems of exchange.² According to the 2000 Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol), widely accepted as the contemporary international standard for a definition of trafficking,

(a) ‘Trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, or abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

(b) The consent of the victim of trafficking in persons to the intended exploitation set forth in paragraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; ³

Due to various conditions in their country of origin, including discrimination, unemployment, and/or political and economic instability, individuals desire to migrate for better opportunities.⁴ Various Western nations have implemented stricter immigration policies, leading to decreased legal channels for migration. Individuals must therefore turn to illegal means in order to migrate.⁵ Former Soviet states are major sending countries for trafficked persons, especially women. Estimates average approximately one hundred and twenty thousand people per year, the majority of which are women.⁶ Often believing that they will be working as waitresses, domestic laborers, or dancers in Western Europe, these individuals arrive in destination countries such as Bosnia and Herzegovina to face various abuses, including confiscation of their visas and passports, brutality, rape, threats to their families, and debt bondage from which it is difficult if not impossible to escape.⁷

In the aftermath of conflict, criminal justice services do not function at their pre-conflict level, social institutions are decimated, and countries often face economic crisis. In addition, border control is often weakened.⁸ The presence of international troops, intended to aid in these chaotic times, may actually exacerbate the trafficking problem. Although they are certainly not the only customers taking advantage of trafficked women, their presence and circumstances creates a greater market for sexual services. When these elements are combined with globalization’s free markets, the presence of organized crime, and the strategic location of the Balkans between typical countries of origin and the European Union, an environment is created in which trafficking can flourish.⁹

In the specific case of Bosnia and Herzegovina, the challenges of reconstruction after the conflict were exacerbated by the highly decentralized and fragmented political system set up by the Dayton Accords: “governance is…shared by thirteen political units, each possessing constitutional and legislative authority and managed by one hundred and eighty-one Ministries all this for an estimated 3.8 million people.”¹⁰ In such an environment, it is difficult to monitor human rights abuses, such as trafficking, since different region may create different legal standards to combat the phenomenon.

In 1998, the first official reports regarding trafficking in Bosnia and Herzegovina were made public by non-governmental organizations (NGOs) and the International Police Task Force (IPTF).¹¹ Between January of 2000 and June of 2003 at least 714 women and girls were identified as trafficking victims and assisted. Of these victims, forty-four percent were from Moldova, thirty-seven percent from Romania and twelve percent from Ukraine.¹² These percentages reflect an early 2001 study performed by the International Organization for Migration (IOM).¹³ Between 2000 and 2003, the average age of trafficked victims in Bosnia and Herzegovina was twenty-two with sixty percent of victims ranging from eighteen to twenty-four years old.¹⁴ According to IOM estimates, there were between 600 and 3,000 trafficked women in Bosnia at any given moment, mainly located in Sarajevo, Tuzla, Prijedor, Brcko, Bijeljina and Zvornik.¹⁵ The majority of women, sixty percent, were single and many were quite poor.¹⁶ Seventy-five percent believed that they would be working in legitimate jobs¹⁷ in the service industry such as waitressing, domestic help, etc. while the other twenty-five percent had knowledge that they would be working in the sex industry. Although these women knew they would be working in the sex industry, they often were unaware of the harsh conditions under which they would work.

Until October 2001, when a new Criminal Code entered into force in Republika Srpska, Bosnia and Herzegovina did not have a specific anti-trafficking law. Under the new Code, trafficking in persons for the purpose of prostitution warrants a penalty of six months to twelve years in prison. At the time this article was written, this law, however, only applied in the Republika Srpska.¹⁸

While the arrival of peacekeeping personnel is meant to create a sense of security in the local community, the influx of relatively well-off male individuals, such as civilian police, into locations that have little economic opportunity may cause the development of a sex industry to cater to their needs.¹⁹ The statues laid out in the Dayton Peace Agreement called for international participation, resulting in the presence of 50,000 international personnel in Bosnia and Herzegovina, the majority of them male.²⁰ Several members of the IPTF have been implicated for involvement with trafficked women. Their actions include frequenting brothels where trafficked women were held, selling and buying women for sexual slavery and working with organized crime bodies to recruit and facilitate the movement of trafficking victims. Romanian members of the IPTF were implicated in direct trafficking activities: recruiting Romanian women, falsifying documents to facilitate international movement, and selling them to brothel owners in Bosnia.²¹

Although international police officers have faced numerous charges of various types of misconduct, corruption, and sexual impropriety during their time in Bosnia, allegations have resulted in little actions beyond repatriation of perpetrators. In 2001, at least three American peacekeepers were repatriated due to various forms of misconduct.²² In response to peacekeeper involvement in trafficking, the U.S. State Department initiated a zero tolerance policy with respect to “immoral, unethical, and illegal behavior.”²³ The notion of zero tolerance, however, was not reinforced by adequate punishments for perpetrators. Those involved in trafficking under zero tolerance were terminated from their positions, had to pay their own airfare home, lost their completion bonus, and were ineligible for participating in future missions, far from the outlined legal repercussions for involvement in trafficking on their native soil.²⁴

According to Rule 4 of the U.N. General Assembly Code of Conduct of 1993, U.N. peacekeepers should “not indulge in immoral acts of sexual, physical or psychological abuse or exploitation of the local population or United Nations staff, especially women and children.” Under the terms of the Dayton Peace Agreement, U.N. peacekeepers have immunity from local prosecution; instead, U.N. peacekeepers are under the jurisdiction of their countries of origin. None of the peacekeepers repatriated for involvement in trafficking faced criminal prosecution.²⁵ It was in the capacity of the UNMIBH to ask that the U.N. waive immunity so that police monitors accused of involvement in trafficking could be tried in Bosnia and Herzegovina. This did not occur; instead, violators were repatriated under the “legal fiction” that nations would prosecute these actions. As of November 2002, eighteen IPTF members who visited brothels, purchased trafficked women, or were involved in other areas of the trafficking industry, were repatriated.²⁶ Stabilization Force contractors, civilians hired to provide support for military forces based in Bosnia, were also accused of participating in trafficking.²⁷ Gaps within United States law as well as lack of political will allowed perpetrators to go free; they were immune to prosecution abroad and laws did not exist to prosecute them at home.²⁸

A number of employees of DynCorp, the PMF proxy for the U.S. in the UNMIBH, were accused of involvement in trafficking. The company pulled perpetrators out of the country before they could be prosecuted. Two individuals, who had implicated other DynCorp employees and made the human rights abuses known to the public, were fired by the firm in retaliation. Although the two individuals either won or settled cases brought for wrongful dismissal, little has been done to implicate DynCorp. As of summer 2004, DynCorp had a similar contract helping to reconstruct the police force in Iraq. In terms of preventing future trafficking by its employees, the company’s attempt to curtail trafficking involved employees signing a document stating that trafficking is “immoral, unethical and strictly prohibited.”²⁹ As of the time this article was written, the regulatory and legal implication of any misconduct on the part of individuals in these industries is unclear.³⁰ International laws regulating these types of firms are either ineffective or non-existent. For example, international human rights law is only binding for states. Outsourcing duties that are traditionally performed by states creates a void in which states can ignore human rights abuses performed by peacekeepers working on their behalf.³¹ Since the firms are private, it is not clearly within the states’ jurisdiction to prosecute for abuses performed on foreign soil. Although the United States developed the Military Extraterritorial Jurisdiction Act of 2000 (MEJA) in order to prosecute abuses performed on foreign soil, no abusers have been prosecuted. At the same time, international laws, created to deal with mercenaries, are ineffective since they often have a very narrow view of what is defined as a mercenary. PMFs often do not fit all the criteria to be considered mercenaries and are therefore not prosecuted under these laws.³²

When international police officers patronize bars and clubs where trafficking victims are being held, a message is sent to these victims that the international community can not be trusted and that it is of no use to turn to them for aid.³³ Madeleine Rees, the UN High Commissioner for Human Rights in Bosnia, is quoted in the media as stating that “’Visiting brothels where women have been gang-raped into submission, into slavery, is not part of the UN’s mandate.’ Without an enforceable code of conduct, immunity often means impunity. We should look at ways of waiving that immunity. ‘I would be very happy to see the possibility of prosecutions for rape or assault in the UK. There is no question this should happen.’”³⁴

According to local NGOs, in 2003, international clients still made up a significant percentage of those taking advantage of trafficked women. For example, members of stabilization forces (SFOR), the NATO-led military peacekeepers, made up forty percent of clients.³⁵ Clearly, any potential threat of repercussion for impunity is not working. Instead, emphasis needs to shift to creating a gender perspective in peacekeeping processes. Using a gender perspective provides peacekeepers with a more complete understanding of how conflict affects genders differently and how peacekeeper involvement in trafficking, whether specifically facilitating movement or simply purchasing the services of trafficked women, reinforces notions about women’s inferiority.

The final installment in this series, appearing in the next issue, will discuss how trafficking in women in Bosnia and Herzegovina could have been predicted and thus avoided. Issues that will be discussed include how trafficking in the region mirrored the violence against women occurring during the Bosnian war, how gendered violence does not end with ceasefires, and how a clearer gender perspective in the Dayton Peace Agreement negotiations, as well as within peacekeeper training and missions, could have lead to less demand for trafficked women.

Pauline White received her master’s degree in social science with a concentration in human rights from the University of Chicago and her bachelor’s degree in international relations from Wellesley College. She became interested in the international trafficking of women while working as an AmeriCorps VISTA volunteer in Salinas, California. The subject then became the focus of her graduate studies at The University of Chicago. Pauline is currently the grants manager at The Women’s Fund of Central Ohio, a foundation working to create social change for women and girls. She can be reached via email at pauline@alum.wellesley.edu.

Notes

1. Lynellyn D. Long, “Anthropological Perspectives on the Trafficking of Women for Sexual Exploitation,” International Migration 42:1(2004) 8.
2. Gayle Rubin, “The Traffic in Women: Notes on the ‘Political Economy’ of Sex,” Toward an Anthropology of Women, ed. Rayna R. Reiter (NY: Monthly Review Press, 1975) 175; Ilse König, ed, Trafficking in Women: Women’s Policy Perspectives after the ’95 World Conference on Women (Vienna: Federal Chancellery, 1997) 11.
3. United Nations, Protocol to Suppress, Prevent and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, ONLINE (2000, United Nations) Available: http://untreaty.un.org/English/notpubl/18-12-a.E.doc [Mar. 11 2004] Art. 3.
4. Council of Europe, Parliamentary Assembly, Motion for a Resolution on Migration Connected with Trafficking in Women and Prostitution, ONLINE (March 19, 2001, Council of Europe) Available: http://assembly.coe.int/Documents/WorkingDocs/doc01/EDOC 9003.htm [Mar. 11 2004] Art. 1; Bridget Anderson and Julia O’Connell Davidson, Is Trafficking in Human Beings Demand Driven? A Multi-Country Pilot Study (Geneva: International Organization for Migration, 2003) [Electronic Book]; Available from IOM <http://www.iom.int/DOCUMENTS/PUBLICATION/ EN/mrs_15_2003.pdf> (accessed Mar. 11 2004) 8.
5. Council of Europe, Parliamentary Assembly, Migration Connected with Trafficking in Women and Prostitution: Report by Committee on Equal Opportunities for Women and Men, ONLINE (April 25, 2003, Council of Europe) Available: http://assembly.coe.int/Documents/WorkingDocs/Doc03/EDOC9795.htm [Mar. 11 2004], Part II Art 23 and Part I Art. 3.
6. In 2002, the US Department of State estimated differently, suggesting that 700,000 women and children are trafficked worldwide each year. Regarding the European Union in particular, estimates vary just as widely. A 1998 IOM study indicated that 300,000 women a year may be affected while a 2001 European Commission document places the figure at 120,000. These studies rarely indicate how results were calculated or if numbers include redundancies in the case of re-trafficked individuals. Elizabeth Kelly, Journeys of Jeopardy: A Review of Research on Trafficking in Women and Children in Europe (London: International Organization for Migration, 2002) [Electronic Book]; Available from IOM <http://www.iom.int/documents/publication/en/mrs_11_2002.pdf > (accessed Mar. 11 2004) 19 and Council of Europe, Report to Committee on Equal Opportunities, Part II Art 23 and Part III, Art. 2; Carmen Galiana, Trafficking in Women, ONLINE (March 2000, The European Parliament) Available: http://www.europarl.eu.int/workingpapers/libe/pdf/109_en.pdf [May 11 2004] Part I Art. 3.
7. This idea has been widely cited by various scholars including Donna M. Hughes, “Supplying Women for the Sex Industry: Trafficking from the Russian Federation (Draft),” In Sexualities in Postcommunism, eds., A. Štulhofer, et al. Forthcoming [Electronic Document]; Available from the University of Rhode Island <http://www.uri.edu/artsci/wms/hughes/supplying_women.pdf> (accessed Mar. 11 2004) 1.
8. Rehn and Sirleaf, 12 and Victims of Trafficking in the Balkans: A Study of Trafficking in Women and Children for Sexual Exploitation to, through and from the Balkan Region, (Vienna: International Organization for Migration, 2001) 48.
9. Rehn and Sirleaf, 12 and Victims of Trafficking in the Balkans, 48.
10. Barbara Limanowska, United Nations Children’s Fun, et al, Trafficking in Human Beings in South Eastern Europe: 2003 Update on Situation and Responses to Trafficking in Human Beings in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Serbia and Montenegro including the UN Administered Province of Kosovo, the former Yugoslav Republic of Macedonia, Moldova and Romania. (UNDP, November 2003) 105.
11. Limanowska (2003), 106.
12. Regional Clearing Point, Stability Pact Task Force on Trafficking in Human Beings, First Annual Report on Victims of Trafficking in Southeastern Europe (Vienna: IOM, 2003) 115-116.
13. Long, 9.
14. Victims of Trafficking in the Balkans, 43 and 50; Rehn and Sirleaf, 13.
15. Victims of Trafficking in the Balkans, 43.
16. Victims of Trafficking in the Balkans, 50.
17. Rehn and Sirleaf, 13.
18. Limanowska (2003), 110.
19. Rehn and Sirleaf, 11; Christine Chinkin, “Gender, Human Rights, and Peace Agreements,” Ohio State Journal on Dispute Resolution 867(2003): 877.
20. Madeleine Rees in Cockburn and Zerkov, 61.
21. Colum Lynch, U.N. Halted Probe of Officers’ Alleged Role in Sex Trafficking, Washington Post (December 27,2001) A 17.
22. Colum Lych,“Misconduct, Corruption by U.S. Police Mar Bosnia Mission; U.N.; Europeans Query Push to Bring In More Officers,” Washington Post. (May 29, 2001) A 01.
23. Prepared Statement of Hon. Nancy Ely-Raphel, Director, Office to Monitor and Combat Trafficking in Persons during United States Congress, House Committee on International Relations, Subcommittee on International Operations and Human Affairs, The U.N. and the Sex Slave Trade in Bosnia: Isolated Case or Larger Problem in the U.N. System? (Washington: GPO, 2002).
24. Prepared Statement of Nancy Ely-Raphel in U.N. and the Sex Slave Trade in Bosnia.
25. United States Congress, House Committee on Government Reform, Subcommittee on
    Human Rights and Wellness, The Role of the Government in Combating Trafficking in Persons - A Global Human Rights Approach. Statement of Mohamed Y. Mattar, S.J.D. (Washington: GPO, 2003) 10-11.
26. Human Rights Watch, Hopes Betrayed: Trafficking of Women and Girls to Post-Conflict Bosnia and Herzegovina for Forced Prostitution (Vol. 14 No. 9(D), Nov. 2002) 5.
27. Hopes Betrayed, 5.
28. Hopes Betrayed, 6, 46.
29. P.W. Singer,“War, Profits, and the Vacuum of Law: Privatized Military Firms and International Law,” Columbia Journal of Transnational Law 42(2004): 538.
30. Singer, “War, Profits,” 525
31. Murray, 484.
32. Singer, “War, Profits,” 525.
33. Human Rights Watch, Bosnia and Herzegovina: Traffickers Walk Free (New York, Nov. 2002) [Online Article]; Available from Human Rights Watch < http://hrw.org/press/2002/11/bosnia1126.htm.> (accessed May 16, 2004).
34. Dominic Hipkins,“Bosnia Sex Trade Shames UN,” Scotland on Sunday (February 9, 2003) 24 quoting .and paraphrasing Madeleine Rees.
35. This percentage was provided by local NGOs. According to the European Union Police Mission, which took over some of the IPTF functions in January 2003 after the UNMIBH closed, this number is lower, approximately thirty percent. Limanowska (2003), 107.

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• United States. Congress. House Committee on Government Reform, Subcommittee on Human Rights and Wellness. The Role of the Government in Combating Trafficking in Persons - A Global Human Rights Approach. Statement of Mohamed Y. Mattar, S.J.D. Washington: GPO, 2003.
• United States. Congress. House Committee on International Relations, Subcommittee on International Operations and Human Affairs. The U.N. and the Sex Slave Trade in Bosnia: Isolated Case or Larger Problem in the U.N. System? Washington: GPO, 2002.
• Vandenberg, Martina. “Complicity, Corruption, and Human Rights: Trafficking in Human Beings.” Case Western Reserve Journal of International Law 34(2002).
• Victims of Trafficking in the Balkans: A Study of Trafficking in Women and Children for Sexual Exploitation to, through and from the Balkan Region. Vienna: International Organization for Migration, 2001.

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