Human Trafficking Remains the Problem of the Century(part I)

Journalistic Investigation

Georgia remains in the second basket according to the US Ministry of Foreign Affairs in the field of the trafficking. People continue to become victims of the trafficking and the country is not able to prevent this. Although human trafficking is a serious problem throughout the entire world, the business is well entrenched in the Caucasus and traffickers are increasing in number very quickly and more and more people are falling victim.

Georgia is mainly a slave supplying and transit country. Experts conclude that Georgia supplies countries all over the world with victims because of appalling societal conditions and people’s desire to leave Georgia to earn money abroad.  In some instances their departure is legal but quite often people attempt to cross the border illegally. Illegal migration and labor has created an at risk category for human trafficking.

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Statistics

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No country, including Georgia, is able to provide exact statistics regarding victims of human trafficking. The reason is the same for each country: the victims either cannot reach the law enforcement bodies or they avoid revealing their history. According to Keti Khutsishvili, the chief of the International Department within the General Prosecutor’s Office, the principle reason is Georgian culture. “For example, let’s speak about a rape. How many women will admit that she has been raped? The problem is that victims are extremely hesitant to share their problems with others.”

The Georgian General Prosecutor’s Office provides the following approximated statistics: 78 Georgian citizens have become victims of human trafficking over the last three years. More precisely, 4 people became victims in Turkey in 2003; in 2004, twenty-two people became victims in Turkey, 16-in Untied Emirates, 2-in Georgia; in 2005, twenty six people were trafficked in Turkey, six in Georgia; in 2006, 10-in Turkey, 2- in Georgia.

As for the origin of the trafficked victims, in 2004 four of them were from the Shida Kartli region, 1 from the Imereti Region; in 2004-fourteen girls were from Uzbekistan, three from Tbilisi, four from the Kakheti region, three from the Imereti region, six-from the Kvemo Kartli region, two-from the Samegrelo-Zemo Svaneti region; in 2005-five of them were from Tbilisi, eight from the Kakheti region, two-from the Shida Kartli region, two from Imereti, one from Kvemo Kartli; in 2006, one was from Uzbekistan, one from Tbilisi, two from Kvemo Kartli, and one from Samegrelo-Zemo Svaneti.

According to the International Organization for Migration (IOM), in 2004 fourteen victims were from Uzbekistan, and one from Nigeria; in 2005, two were from Adjara region, one from the Kakheti region, and one from Kyrgyzstan; in 2006, one was from the Imereti region and one from the Shida Kartli region.
As for the criminal cases launched into the trafficking, the statistics is the following: in 2003, two cases were launched and criminal proceeding started against two accused and consequently the two people were charged under the law. In 2004, 16 criminal cases were launched against 22 people. Six cases on nine criminals were transferred to the court and two criminals were charged. Seven traffickers were declared wanted; in 2005 the criminal investigation was launched on twenty-five cases, 23 criminals were accused regarding 13 cases. Consequently, the criminals were charged and eleven cases against 12 criminals were transferred to the court. Two criminals remain at large. In 2006, investigations were launched into 28 cases; fifteen people were accused regarding 13 cases and fifteen people were charged regarding thirteen cases. The court discussed sixteen cases involving nineteen accused. In 2007, criminal investigations began concerning four accused persons.
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Activity Program

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Under the December 29, 2004 resolution # 623, an activity program of 2005-2006 was adopted to fight against trafficking in the country. It consisted of seven paragraphs and 30 subparagraphs. The resolution outlined detailed information of the activities including what was to be implemented to eradicate the problem. It was impossible to comply with all objectives and experts claimed that many were unrealizable to begin with.

Nearly all Ministries were to be involved the program. Non-governmental and international organizations were also involved in the process according to the government’s request. The principal output of the program was the adoption of a legislative base regarding the problem that was previously believed to have never existed in the country. Prior to the resolution, it was impossible to appropriately punish traffickers. They were charged not for trafficking but under other laws. For example, traffickers were tried for kidnapping, or illegal deprivation of a person’s freedom.

Under the amendments to the Georgian Criminal Code, Article 1431 (prima article), a minimum 7-12 years imprisonment was envisaged with a of maximum 15-20 years imprisonment for traffickers.

Based on the program schedule, an asylum for trafficked victims was opened, as well as the creation of “the State Aid Fund for Trafficked Victims and Their Protection” in the country. In 2006, the fund was allocated a budget of 80 000 GEL, this year the budget amounted to 300 000 GEL. Although, there was only one reported victim in the asylum last year, the head of the above mentioned fund, Marina Meskhi said in her conversation with the Human Rights Center, the number of these victims this year has increased.  This implied that another asylum should be opened.

Marina Meskhi: “The budget of the fund has been increased three times in comparison to that of the previous year. This year we have 300 000 GEL and now we can improve the asylum situation. In addition, we are going to open another asylum in Tbilisi because this is where investigations and the court hearings are carried out and it is difficult to travel there so often. The victims need to be housed somewhere. Since there is no accommodation for the victims in Tbilisi, during the court proceedings, we do not know where to house them. The Batumi based Asylum has ten places and Tbilisi asylum will also be one of those places.

Journalist:Why is it necessary to open a new asylum?

M.M. We have many victims in Batumi, however, I cannot tell you the exact number. They are victims of various kinds of trafficking, which include victims that were trafficked for sexual purposes. Everybody has shared the opinion about the need to open a new asylum. The number of victims has increased because more facts have been revealed. More victims appeal to the law enforcers now.”

The resolution of the State Aid Fund for Trafficked Victims and Their Protection states that “the victim can demand the reimbursement of the physical, moral or material damage; as well as be compensated by the fund. However, if s/he is reimbursed for the above-mentioned damages, the victim will not be compensated anymore. The total sum of the compensation amounts to 1000GEL. The victim can be sheltered at the asylum for three months. After this period, her/his future is unknown.”

Marina Meskhi said that “After three months, the integration program should start. However, we did not have it until now and we are just starting the program.”

Keti Khutsishvili, a representative of the General Prosecutor’s Office has the following position regarding the situation: “The state considers that each case should be discussed one at a time. There are some alternatives to employ these people according to their knowledge and experience. The question is currently under consideration.”

The IOM was one of the participants of the activity program of 2005-2006. Mark Hulst, the head of the Program against Trafficking said in his conversation with the Human Rights Center, that the majority of the program has been implemented. However, the objectives that were not implemented in the previous program have not been included in the 2007-2008 program either. On January 23, the president signed the second program.

(part II) http://www.humanrights.ge/eng_/articles.php?id=588

eka gulua