Protection of Human Trafficking Victims and Functionalization of Institutional Mechanisms in Kosovo

AuthorAhmet Maloku, Elda Maloku
PositionProfessor, PhD, Faculty of Law, Iliria University, Republic of Kosovo/Teaching Assistant, LL.M. Faculty of Law, Iliria University, Republic of Kosovo
Pages21-44
JURIDICA
21
Ahmet Maloku1, Elda Maloku2
Abstract: Trafficking with human beings involves not only a crime in itself, but, in most cases, it is a
crime with multiple activities and with multilateral organizational structures. Before the war in
Kosovo, trafficking with human beings was very little, or not to say the least expressed, meanwhile
with the end of the war, Kosovo was not only a transit country, but it is a source and destination
country for women and children, sexual victims trafficking and forced labour. This paper represents
an attempt to highlight the growing phenomenon of trafficking in human beings both in the region and
in Kosovo, base d on available literature, reports, contacts and personal research. The paper gives a
brief summary of the criminal law aspect, namely the material law aspect. The problem is also
associated with increased migration and because of the complexity of the problem trafficking of
human beings, especially young women and girls for prostitution purposes is identified. This paper is
primarily leaded by these issues and seeks to investigate what happened in Kosovo in that area and
what are the steps needed by prosecution authorities and NGOs to prevent human trafficking in the
future.
Keywords: Trafficking with human beings; Victims of Trafficking, Organized Crime; Non-
Governmental Organizations; Prevention and Combating Human Trafficking
1. Introduction
Human trafficking, as a very sophisticated form of organized crime, is about
victims a nd their families, as well a s society in general. It is present in unstable
places, conflicting and post-conflict condition, in the economic and political
1 Professor, PhD, Faculty of Law, Iliria University, Republic of Kosovo, Address: Street Gazmend
Zajmi no. 75. 10060, Pristina, Republic of Kosovo, Corresponding author:
maloku.ahmet@gmail.com.
2 Teaching Assistant, LL.M. Faculty of Law, Iliria University, Republic of Kosovo, Street Gazmend
Zajmi no. 75. 10060, Pristina, Republic of Kosovo, E-mail: malokuelda@gmail.com
AUDJ, Vol. 16, No. 1/2020, pp. 21-44
Protection of Human Trafficking Victims
and Functionalization of Institutional
Mechanisms in Kosovo
ACTA UNIVERSITATIS DANUBIUS Vol. 16, no. 1/2020
22
transition. This issue covers particularly vulnerable categories of women and
children, but does not exclude men as well.
In countries with great political and economic instability and with extreme poverty,
many people leave their countries in an attempt to provide better living c onditions.
Their motives are largely in pursuit of work, profits and a more dignified life.
According to Ayhan, unemployment, lack of education, lack of job skills, li mited
access to the labor market, political pressures and civil conflicts, are also among
the factors attracting people, making them vulnerable victims of cri minal groups.
(Ayhan, 2006) However, these people often fall prey to the criminal networks of
human traffickers.
Human tra fficking as a new f orm of slavery in the twenty-first century is a new
area that has not been suf ficiently r esearched. I n the last 15-20 years, about this
issue has been largely discussed with the aim of making t he problem visible in
society and to view it without prejudice.
Human trafficking is prohibited under the C onstitution of the Republic of Kosovo
(Constitution of the R epublic of K osovo, 2008, Article 28. paragraph.3. of), is a
transnational phenomenon and the most heinous crime. As a form of organized
crime it is equivalent to contemporary slavery and is developed through an
organized crime network. Crime as such involves perpetrators committing unlawful
acts inside or outside the territory of a country. Due to the nature of trafficking, like
other countries around the world Kosovo has a lso been aff ected by the difficulties
it causes. (Maloku, 2016)
According to the circumstances, it is t he responsibility of the competent p ersons of
States to take suitable action by signing international documents, harmonizing
legislation in international documents, protecting victims of human trafficking and
preventing this activity.
Human tra fficking is a horrific crime and a brutal violation of human r ights that
takes place either through a network of organized crime or individually. Today,
human trafficking has become a tra nsnational phenomenon. Transnational
organized criminality in general, and tr afficking in human beings in particular,
have become the subject of many criminological studies in recent years. At the
same time, the study of criminality in the context of globalization is increasingly
focusing on criminologists. McDonald, W. (1995). There are not many authors who
have tried to st udy the transnational and local combination of organized crime and
human trafficking. As Dunnigham's Hobbs, Hobbs, D., Dunnighan, C. (1998) have

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