CRIMINAL LEGAL ASPECT OF HUMAN TRAFFICKING AND MIGRANT SMUGGLING IN REPUBLIC OF MACEDONIA
Keywords:
migrant, smuggling, human, trafficing, organized crimeAbstract
In the last few years, in the world, even in the Republic of Macedonia, the current topic are the migrants, who are migrating from a lot of countries around the world, mostly because of the wars that are occupied in those areas, or from an ,,economic point of view,, because of the bad economic situation.
However, it should be noted that in practice, the distinction between human trafficking and migrant smuggling is not always easy to establish and maintain. , many trafficked persons, men and women, begin their journey as smuggled migrants – concluding a contract with an individual or group to assist in the movement as a return illegail financial gain.
In many cases, the cruelest forms of exploitation – slavery, forced labor, child labor, and forced prostitution – are nonconsensual where the victims are forced to work in deplorable and unsafe conditions or engage in sexual acts entirely against their will.
In a classical situation of migrant smuggling, the relation between migrant and smuggler is a voluntary, short and ends after the arrival of migrants in the country on the destination. However, some smuggled migrants are forced to pay high transportation expenses. Exactly at this late phase the ultimate goal of human trafficking becomes apparent (debt relationship, extortion, force use, forced labour, forced crime, forced prostitution).
The International legal rules on jurisdiction in situations of human trafficking and migrant smuggling are defined in the major international and regional agreements. Their goal is to reduce or eliminate judicial safe zones for traders by providing all parties in crime that can be punished, no matter where the crime is committed.
Extremely important is to work on taking actions that will deepen the activities, which were operationalized of prevention with the sole intention of preventing this form of organized crime. In this article we will try to give an overview of the manner in which the criminal legislation in the Republic of Macedonia criminalize this activities of human trafficking and smuggling of migrants.
In the Republic of Macedonia, continuing are the efforts to follow and implement the international standardas in this field. Republic of Macedonia heretofore has ratified the most important multilateral agreements in the fight against crime.
References
UN Covention on illicit Narcotic Drugs and Psychotropic Substances Trafficking (1993), the European convention on Transfer of Sentenced Persons (1999),the European Covention on Mutual Assistance in Criminal Matters (1999) and the Second Protocol (2001), the European Covention on Extradition (1999), Criminal-Legal Conwention on Coruption (1999), and Civil-Legal Convention on Coruption of the Council of Europe (2002), Convention on Laundering, Search, Seizure and Confiscation of Criminal Proceeds (2000), the Rome Statute of the International Criminal Court (2002). There is ongoing procedure for ratification of the United Nations Convention against Transnational Organized Crime, together with the protocols relating to human trafficking and the fight against migrant smuggling.
Criminal (Penal code) of Republic of Macedonia
Human trafficking and migrant smuggling, UNODC, February 2014
The Decision was published in “Official Gazette of RM” no.18/2001
The Solution was published in “Official Gazette of RM” no. 19/2001, 26/2002
http://www.nacionalnakomisija.gov.mk
Nonconsensual exploitation is essentially equivalent to the Palermo Protocol definition of human trafficking.
See Perez Solla (Forthcoming).
In the United States, antitrafficking efforts are shared between the Departments of State, Labor, Justice, Health and HumanServices, USAID, Homeland Security, and local police departments (Wyler 2013). Between fiscal year 2001 and fiscal year 2010, the US government authorized a total of $1.45 billion for domestic and international antitrafficking programs—allocations that increased dramaticall each year during this time period (Siskin&Wyler 2013, pp. 55–60). The cumulative figure does not include costs for administration or for law enforcement. Expenditures by other governments and by international organizations have been substantial as well (Hoff 2014).
Shelley, L. (2014). Human Smuggling and Trafficking into Europe: A Comparative Perspective. Washington DC: Migration Policy Institute
