La Strada Documentation Center

The Right to Compensation to Trafficked Persons in the Republic of Macedonia

Document number
2814
Date
2011
Title
The Right to Compensation to Trafficked Persons in the Republic of Macedonia
Author/publisher
Open Gate/La Strada Macedonia
Availability
View/save PDF version of this document
Document type(s)
Guidelines/Recommendations, Research/Study/Analysis,
Keywords
compensation, Macedonia, COMP.ACT
Summary

The issue of compensation for trafficked persons in the Republic of Macedonia is a relatively new and unexplored one, and it has only recently been raised considering the increasing number of trafficked persons who seem to be marginalised and are in need of help and protection.

This research aims to conduct a detailed system analysis of the process of claiming compensation for trafficked persons and uses quantitative and qualitative research methods. More specifically, the research scrutinises the legal framework which grants the right to compensation and governs the procedures followed by the relevant institutions/organisations.

Key findings of the research are:
  • Laws that penalise the crime of trafficking in human beings are compatible with international documents in relation to the compensation for trafficked persons.
  • However, compensation as a measure remains unused for trafficked persons. There are no criteria for determining the amount of compensation.
  • The Criminal Court of the Republic of Macedonia has imposed rulings on compensation, but trafficked persons have not received any material or nonmaterial compensation. The most common obstacles in the implementation of the final sentence for the exercise of restitution are lack of real estate, no movable property, no securities, no transaction account on the name of the trafficker and lack of funds to pay for enforcement proceedings.

Consequently, the research report concludes with several recommendations for overcoming these obstacles and for facilitating the process of claiming and awarding compensation, including improving cooperation among key actors, asset confiscation, establishment of a state fund for compensation, greater involvement of the governmental sector, and greater awareness / education of all stakeholders / partners in the process obtaining of compensation for trafficked persons.

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