Serbia sees surge in labor trafficking, but courts lag behind, warns ASTRA

Serbia is experiencing a surge in human trafficking for labor exploitation, yet judicial processes are failing to keep pace, according to Marija Anđelković of the organization ASTRA. She stated that judges are unable to issue rulings until prosecutors complete their work, leading to a significant backlog and ineffective justice.

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Although we have a jump in human trafficking for the purpose of labor exploitation, we, on the other hand, do not see judicial proceedings for human trafficking for the purpose of labor exploitation for the simple reason that judges cannot judge until prosecutors do their job.

Anđelković noted that the last conviction in such cases occurred in 2013. Most cases are either reclassified as lesser offenses or settled through plea agreements. She observed a concerning trend where institutional responses to potential victims mirror the practices of the 1990s, signaling a "total regression of the rights of victims of human trafficking." Despite having signed international conventions, a strong legal framework, and established procedures, victims struggle to assert their rights or face prolonged waits.

The exploitation spans various sectors, including hospitality, industry, domestic work, agriculture, and street vending. Victims are often lured from their home countries with false promises of good jobs and high earnings. Upon arrival in Serbia, they find themselves in debt bondage, facing threats against themselves and their families if they attempt to change their situation. Their freedom of movement is restricted, and their passports are confiscated, leaving them vulnerable and isolated.

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We had the last verdict in these cases back in 2013, and most cases end with reclassification into milder criminal offenses or result in plea agreements.

While cases of sexual exploitation seem to receive more judicial attention and a different institutional treatment, labor exploitation cases lack timely and appropriate responses. Anđelković highlighted that victims are not placed at the center of investigations; instead, they are interrogated as if they were the accused, a practice reminiscent of the 1990s. Tara Rukeci Milivojević from the Serbian Migrant Workers Union added that employers remain largely protected, with only one reported case leading to an agency's closure for lacking a license and a related company being fined for employing undocumented workers.

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What we are seeing now are trends in the attitudes of individuals within institutions towards potential victims, similar to what we experienced in the 1990s.

Milivojević described a situation where individuals recruit their own compatriots, promising lucrative jobs and better lives. However, workers are required to pay for visas, contracts, and mediation, often incurring significant debt that puts their families at risk of losing their homes or facing imprisonment if the debts cannot be repaid.

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There is a total regression of the rights of victims of human trafficking, although, unlike the 1990s, we have all conventions signed, an excellent legal definition, and standard operating procedures and a national referral mechanism. In practice, it is happening again that, as we have seen, workers who are potential victims cannot exercise their rights or wait a very long time for it.