A/HRC/44/45/Add.1
necessarily be linked to the existence of an investigation, as it happens now in practice.
Criminal proceedings can be terminated for many reasons, such as insufficient evidence,
but the victim has rights that must be respected and needs that must be met. The Special
Rapporteur reiterated the need to train actors that can find themselves as first responders to
become more professional in interviews with potential victims and identify them and
provide support, especially at the local level, where police officials and social actors may
be less aware of indicators of trafficking in persons for different purposes. Stakeholders in
Montenegro indicated that, at the time of reporting, the standard operating procedures had
not yet been adopted, despite the Government’s promises during the visit that they would
be adopted in a matter of weeks.
28.
Between 2017 and the Special Rapporteur’s visit, officials reported the identification
of three victims of trafficking in persons; two were Pakistani men trafficked for the purpose
of labour exploitation, and one was a girl trafficked for unlawful marriage in the Roma
community, in addition to the four Roma children trafficked for the purpose of forced
begging, as noted above.
B.
Early identification in mixed migration flows
29.
The coordinated closure of the western Balkan route in March 2016 led to a
significant increase in the use of an alternative route, the southern Balkan route, which
transits through Montenegro. By 2013, the European Border and Coast Guard Agency had
identified Montenegro as a transit country. The route emerges through Kosovo, 3 moves to
Montenegro and goes on to Bosnia and Herzegovina and Croatia, with the final destination
being the European Union, especially Germany and Italy. Despite the increase in migrants
and asylum seekers using that route, the Government has not correspondingly reinforced
the country’s capacity to respond to protection needs. The growing number of asylum
seekers and the extended length of their stays has had a negative impact on the political will
to receive the constantly growing number of persons availing of that route.
30.
The early identification of victims of trafficking among asylum seekers remains
poor. While the low number of victims identified can be partially attributed to the lack of
willingness of the migrant population to be identified while in transit and the risk of
remaining stranded before arriving at their final destination, the identification of trafficking
in persons has not been prioritized in the migrant and asylum reception system, and
concerns have been raised about the capacity of the staff in reception centres to identify
victims of trafficking.
31.
Throughout the Balkan route, most cases identified through official channels are of
women and girls trafficked for the purposes of sexual exploitation. However, experts agree
that there are many other cases that relate to other forms of trafficking, including forced
labour, domestic servitude and child begging. 4 On the Balkan route, at the regional level,
limited identification remains the first gap in tackling trafficking in persons. Processes seem
to cater to a particular profile of victim, one that was common during the recent history of
and conflicts in the Balkans, namely, women and girls trafficked for the purposes of sexual
exploitation through means of force or coercion. Indeed, even today, that profile of victim
remains the one most identified, despite growing concerns among stakeholders about other
types of exploitation and victims, especially men and women who are trafficked for labour
exploitation and children for forced begging and unlawful marriage.
32.
The Ministry of the Interior is in charge of the management of migratory flows into
the country and international protection when applicable, and its Directorate for Migration
divides those tasks into three departments, namely, for asylum and protection, for reception
and for integration for those that are given protection. According to the Government, the
necessary legislation concerning the international temporary protection of migrants is in
3
4
References to Kosovo shall be understood to be in the context of Security Council resolution 1244
(1999).
International Organization for Migration, “Needs assessment: human trafficking in the Western
Balkans”, 2014.
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