GRETA: Macedonia has good laws, but victims of human trafficking need better access to justice

The legal framework for combating human trafficking in North Macedonia has improved, but better enforcement of laws is necessary in terms of victims' access to justice, as well as to effective legal remedies, writes the latest report of the Group of Experts for Action against Human Trafficking (GRETA) of the Council of Europe, published today in Strasbourg.

The Panel's report, based on information obtained during a visit last March, states that the number of victims formally identified is low (between two and nine per year, except in 2021 when 39 victims of trafficking from Taiwan were identified), and labor exploitation is the dominant form of exploitation.

GRETA concluded that improvements include the 2018 Aliens Act, which provides for a recovery and reflection period and renewable residence permits for victims of human trafficking based on their personal situation. Also, the Criminal Code includes a specific provision for non-punishment of victims of human trafficking. Furthermore, in November 2022, the Law on the Payment of Monetary Compensation to Victims of Violent Crime was passed, introducing state compensation for victims of human trafficking. GRETA also welcomes the appointment of the Office of the Ombudsman as a national rapporteur for the fight against human trafficking.

GRETA believes that the provisions for legal assistance to victims of human trafficking are not clear and there is a gap in their application. The group calls on the authorities to provide a clear basis for providing legal aid once there are reasonable grounds to believe that a person is a victim of human trafficking. Also, GRETA believes that victims of human trafficking should have effective access to the labor market and be provided with professional training and employment to strengthen their social and economic inclusion.

While welcoming the establishment of the National Unit to Combat Human Trafficking and Migrant Smuggling and the increase in the number of convictions compared to the previous assessment period, GRETA notes that in most cases the sentences were well below the legal minimum.

In the report, the group calls on the Macedonian authorities to strengthen the human, financial and technical capacities of law enforcement agencies to enable them to proactively investigate human trafficking offences, using all possible evidence, including evidence gathered through special investigative measures. as well as financial and digital evidence.

At the same time, the training of labor inspectors is welcomed, but the authorities are urged to clarify the mandate of the labor inspectorate and provide it with adequate human and financial resources.

The revision of the Standard Operating Procedures of Macedonia for the treatment of victims of human trafficking and the work of five mobile teams for the identification of possible victims of human trafficking also received a positive evaluation. GRETA calls for further strengthening of the identification of victims by including the police unit for combating human trafficking in joint inspections with the Labor Inspectorate and in raids carried out by other police units in premises where victims are likely to be discovered.

But GRETA is concerned about the continued lack of safe accommodation for male victims of human trafficking and the lack of adequate accommodation for child victims. The Group therefore calls on the authorities to provide adequate financial and human resources to assist victims of human trafficking, including from specialized non-governmental organizations mandated to provide assistance, and to ensure that all victims of human trafficking are guaranteed an effective access to public health care.

GRETA is an independent body that monitors the way countries implement the Council of Europe Convention on Action against Trafficking in Human Beings. All member states of the Council of Europe, as well as the non-member states Belarus and Israel, are bound by the Convention.

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