In the last year Macedonian legislation on human trafficking has gone through several changes that contributed on straightening in combating against human trafficking. Regarding this legislation, Republic of Macedonia has been one of the countries that made progress on combating against human being. According to the 2013 report of human beings by the American Stead Department- (countries that successful combat with human beings,) Macedonia together with Croatia are rank in the group one countries which successful deal with the human trafficking.
On February 2002 the notion trafficking with people was criminalized in Macedonian Penalty Code as ” Criminalization against humanity and international law” by supplementing in the Article 418-a paragraph 1 from the Penalty Code as following:
“A person who by force, serious threat misleads or uses other forms of coercion, kidnapping, deception with abuse of his/her own position or a position of pregnancy, weakness, physical or mental incapability of another person, or by giving or receiving money or other benefits in order to obtain agreement of a person that has control over other person or in any other manner, recruits, transports, transfers, buys, sells, harbors or accepts persons for the purpose of exploitation through prostitution or other forms of sexual exploitation, pornography, forced labour or servitude, slavery, forced marriages, forced fertilization, unlawful adoption, or similar relationship or illicit transplantation of human body parts, shall be punished with imprisonment of at least four years”
Supplementary articles from the Penalty Code relevant to the action against human beings are:
Founding a slave relationship and transportation of persons in slavery” (Article 418), “Smuggling of migrants” (Article 418-b), “Organizing a group and instigation to commit acts of trafficking in human beings, smuggling of migrants and trafficking in children” (Article 418-b),
Also in 2008 was supplemented amendment to the Article 418-g paragraph 1 from the Penalty Code named as “Trafficking in children” and was made supplements to this article by including legal responsibility for trafficking with people. The latest supplements in the Article 418 paragraph 1 from the Penalty Code were made on February 2014, where the word “fertilization” was replaced by “pregnancy”, and “begging and exploitation through illegal activity” were added to the forms of exploitation. In the Article 418-g paragraph 1 from the Penalty Code also was replace the word “under age” with “child”. In Macedonian legislation the notion “victims of human trafficking” is not define as such. In 2008 in Macedonian Penalty Code were made supplement, at which the notion “victims of trafficking” is define as individual that face physical, mental injury, emotional suffering, material damage or other severity that are harming their freedom and rights as a consequences of the criminal action.
ToR national consultant for action plan and training on the Unified SOPs Macedonia
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