1.           Summary

Organised Crime has infiltrated some government structures during the 80s and 90s in Southeastern Europe.  To fight such residues is just as important as the linking up of SEE countries on a regional level to combat organised crime.  Organised crime is eroding some of the benefits, especially regarding investment and business opportunities, that SEE countries start to enjoy after the consolidation and improvements in the last four years.  The instruments at hand to fight organised crime are numerous.  The challenge is to co-ordinate them well and exploit synergies.

The investigation of organised crime must be handled with sound judicial systems.  The activities in the Stability Pact are therefore aimed at improving capacity, the legal framework and the crossborder cooperation with a view to prevent further cases or make their detection, investigation and court proceedings easier.  Within the Stability Pact, the following initiatives make life for criminals harder and have substantially improved the co-operation between the various national police corps and involved parts of the judiciary:

q          Stability Pact Initiative against Organised Crime (SPOC)

q          Migration, Asylum and Refugee Return Initiative (MARRI)

q          Ohrid Conference on Border Management and Security

q          Stability Pact’s Task Force on Trafficking in Human Beings (SPTF)

q          South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC)

q          Regional Centre for Combating Transborder Crime (SECI)

(See chapter 4. below for details)

2.           What is at stake?

For everybody involved in the Balkans reconstruction and integration process, it is evident that organised crime and corruption are very severe threats.  For too long, it was believed that primarily ethnic or political tensions needed to be overcome.

It took a decade to understand that organised criminal groups are acting behind the scenes.  They are covered with nationalistic rhetoric, but cooperate well with each other.  Dirty money gained from women trafficking or weapons and drug trafficking does obviously not know national, religious or ethnic affiliation, or boundaries.  Organised crime is therefore a genuine trans-border phenomenon, and it can only be combated with a cross-border approach.

3.           Undermining the Stability in SEE

The impact for the region is different.  It is clear, that not all countries suffer(ed) from the same magnitude of the problem.

Organised criminal groups succeeded in capturing some state structures.  There are promising signs that states do recover as various administrative and judicial bodies are starting to function well in SEE.  There is always room for improvements, of course.

Organised crime played a vicious role during the privatisation process and it is generally involved in unlawful redistribution of national wealth.  It contributed to the reform freeze in some countries because its interest is to keep an inefficient public sector.  With regard to GDP and tax losses, reliable data in this context are by the nature of things hard to come by, but alleged figures of up to 40% of lost revenues due to corruption and crime are alarming signals.

Organised crime played its part to create a negative image and to hamper foreign investment.

The “drop out” of trafficking in human beings and drugs started to affect the SEE societies.  Police officers involved in the Stability Pact Initiative for Fighting Organised Crime (SPOC) agree that the number of local drug addicts is rising.  Women and girls ensnared in trafficking schemes and trapped in the sex industry can by now also be found in almost all countries of the Balkans, whereas these countries earlier were more typical as transit routes.

4.           The Instruments

4.1.           Stability Pact Initiative against Organised Crime (SPOC)

SPOC facilitates dialogue with international and regional representatives of the legal, scientific and law enforcement communities covering preventive and repressive aspects of the combat against organised crime issues.  A department head of the Austrian Criminal Service currently chairs the SPOC Board.  A Macedonian customs officer currently leads the SPOC Secretariat, which is located in the premises of the Regional Center for Combating Transborder Crime in Bucharest.  Brussels-based Experts of SCSP Working Table III’s Sub-Table for Justice and Home Affairs provide legal expertise, and maintain contacts with the donor community and ensure political support through the Special Co-ordinator.

SPOC undertakes awareness raising efforts with the goal to create an understanding for the need to fight organised crime in SEE as a precondition for a civil society based on the rule of law, as a requirement to attract investment and as a prerequisite for further EU rapprochement.  Also, SPOC urges for legislative reforms and improved capacities, which may signal to potential criminals that they will face harsh sentences for instance when caught smuggling human beings.

In conjunction with the UN Office on Drugs and Crime (UNODC) and others, SPOC supports the implementation of the United Nations Convention Against Transnational Organised Crime (Palermo TOC) in SEE.  Inter alia, it is intended to disseminate a Practitioner’s Handbook on the TOC, which is meant to teach investigators about group criminalisation, mutual judicial assistance indictments, and the so-called Falcone checklist.

4.2.           Migration, Asylum and Refugee Return Initiative (MARRI)

For the EU Thessaloniki Summit, 21 June 2003, MARRI launched its Regional Programme of Action aiming at a better management of, and sustainable solutions to the problems of migration, asylum and refugee return in the Western Balkans.  The Action Programme is the result of six months of preparations among states in the SEE region, other member states of the Stability Pact, the European Commission and relevant international organisations.

Its main features are:

¬           to move from a humanitarian refugee approach to an approach of citizenship for all refugees and displaced persons

¬           looks at instruments for controlling migration as well for promoting freedom of movement

¬           interlink with the Integrated Border Management approach outlined at the Ohrid conference in May 2003.

Programme of Action at: www.stabilitypact.org/stabilitypactcgi/catalog/view_file.cgi?prod_id=6886&prop_type=en

4.3.           Ohrid Conference on Border Management and Security

By adopting a Common Platform 22 May 2003 in Ohrid regarding border management, the Western Balkans engaged in a reform process in order to establish open but secure borders.  In doing this, they follow EU standards on border management and the countries will enjoy the support of international organisations on their way.  Given the sensitivity of border issues, it must be seen as a major achievement that the Western Balkans join forces dealing with the topic.  Ohrid gave the clear signal that the problematic aspects of insecure borders with negative implications from organised crime, smuggling and hindering cross border trade are going to be tackled.

The Ohrid conference marked an important follow up to the London Conference on Fighting Organised Crime (November 2002) and contributed to the EU-Western Balkans Summit in Thessaloniki 21 June 2003.

See http://www.stabilitypact.org/ohridindex.htm for details.

4.4.           Fighting trafficking in human beings through the Stability Pact’s Task Force on Trafficking in Human Beings (SPTF)

The SP Task Force on Trafficking in Human Beings was established in 2000.  Besides its strong human rights component, its activities take into account the social and economic causes of trafficking.  Trafficking in human beings is a multifaceted, ever-increasing problem of global scope.  It requires a co-ordinated, interdisciplinary and international response.  As a transnational crime, trafficking in human beings needs to be tackled through an integrated approach at national, regional and international levels.  Countries of origin, of transit and destination countries must work together in order to achieve significant progress.  Countries also must improve their response to victims of “internal” trafficking.

The Stability Pact Task Force on Trafficking in Human Beings is an initiative to encourage and strengthen co-operation between the countries of South Eastern Europe as well as to streamline existing efforts in the combat against human trafficking in SEE.  It is an instrument to co-ordinate and accelerate the development in the region, acting under the auspices of the Organisation for Security and Co-operation in Europe (OSCE).

The value-added of the Stability Pact Task Force on Trafficking in Human Beings is to ensure that the regional dimension of all issues in the combat of human trafficking is fully considered and included in the international community's activities in SEE.

Major activities in the year 2003 include victim/witness protection (including temporary residence), prevention of child trafficking, as well as training of judicial and police personnel on anti-trafficking issues.  The establishment of a sound witness protection in SEE (for all forms of organized crime) requires reforms in national legislation, the identification of local witness protection authorities, and respective training.

More information on http://www.stabilitypact.org/antitraffickingtaskforce

4.5.           South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC)

The proliferation and circulation of illicit SALW throughout South Eastern Europe continues to be a significant obstacle and threat to the region’s stability and security, increase the risk of terrorism, set back economic development and social stability.

The Belgrade-based South Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) — a joint project of UNDP and the Stability Pact — is assisting SEE countries in developing programs for reducing illicit SALW proliferation.  Active throughout the SEE region, SEESAC has provided assistance and support for the collection and destruction of a significant number of weapons under the auspices of the Stability Pact/WT III framework.

SEESAC has a central role in the SP approach to SALW issues; its organizational and operational expertise complement the roles of National Focal Points, of Civil Society, and of other partners to deliver a cohesive response to continuing problems caused by the SALW.

The linkages between SALW trafficking and organized crime; that’s why the illicit spread of SALW remains at the centre of the Stability Pact’s WT III security agenda and continues to be linked closely with some other SP’s security-related initiatives and Task Forces.

More information on http://www.seesac.org

4.6.           Regional Center for Combating Transborder Crime (SECI Center)

The mission of the Regional Center for Combating Transborder Crime (SECI Center) is to support common trans-border crime fighting efforts of participating countries.  A primary objective is to improve regional cooperation in combating trans-border crime.  In order to achieve this objective, the enhancement of coordination efforts between law enforcement agencies within the individual participating states is also required.

Furthermore, taking into account the global aspects of transborder crime, cooperation with countries outside the region and representative international organizations is critical.  In this respect, the Center is a catalyst for efficient working relationships in making such cooperation possible while at the same time in avoiding duplication with other efforts.  The Center is linked to Interpol.

Objectives:

1.     Setting-up a mechanism based on enhanced law enforcement cooperation at national level to be used by the Parties in order to assist one each other, in preventing detecting, investigating, prosecuting and repressing trans-border crime.

2.     Support of the field activities of the law enforcement officers, the SECI Center being a “service provider” for their daily activities.

3.     Provide assistance to the Parties in order to harmonize their law enforcement legislation in respect to the EU requirements.

4.     Support national efforts in order to improve domestic cooperation between law enforcement agencies.

5.     Support of the specialized “Task Forces” addressed to the combating of:

¬         Illegal Human Beings Trafficking

¬         Illegal Drugs Trafficking

¬         Commercial Fraud

¬         Stolen Cars

¬         Financial Crime

¬         Customs Evaluation

More information on www.secicenter.org

5.           Outlook until end of 2003 – Ministerial Conference in Brussels

In order to prepare a smooth exchange of data regarding organised crime groups between EU member states, Europol, SEE states and the (SECI) Regional Center for Combating Transborder Crime in Bucharest, SP promotes the implementation of data protection legislation in the region.  This will lead to the creation of independent and well-educated data protection officials.

SPOC promotes CARDS projects relevant for the combat against organised crime.  It shares with interested eligible EU member states and international organisation projects, and distributes available information on open tenders.

A major event will be a Ministerial (Justice and Home Affairs) meeting under the Italian EU Presidency on 28 November in Brussels.  The Ministerial be an important follow up to the London Conference (November 2002) and Thessaloniki EU-Western Balkans Summit (June 2003).  In total, over 60 ministers from the EU and SEE are expected to attend the meeting.