VICTIMIZATION OF MIGRANTS AND REFUGEES IN THE REPUBLIC OF NORTH MACEDONIA IN CRIMINAL OFFENSES, WITH A SPECIAL EMPHASIS ON HUMAN TRAFFICKING AND SMUGGLING MIGRANT

Abstract

Mixed migration flows always carry with them serious risks of victimization of a
specific target group that is trying to reach a specific country. The path followed by migrants
and refugees may be the same, but the very predispositions and reasons for migrating make
certain migrants particularly more vulnerable than others. In situations of mixed migration
flows, they are often put in a situation of being victimized, primarily due to the fact that
either they are not “welcomed” by the local population or because both the local population
and transnational criminal structures want to profit from their position. Migrants themselves
often turn to intermediaries who could help them move faster to the desired country. This
makes them easily accessible to such structures, which, if in “normal” conditions they search
for their victims by themselves, here the situation is vice versa. Thus, migrants in transit
are particularly vulnerable to smuggling because of their will to engage in this particular
crime and their willingness to keep quiet for any possible further exploitation, just to reach
their desired destination. However, very often this will and consent is lost along the way, as
smuggling turns into human trafficking, and migrants are often exploited. The migration and
refugee crisis that is happening along Europe, and those that are happening at the moment, due
to the situation in Afghanistan and Ukraine, creates a perfect market for the exploitation of
migrants in the countries of transit and destination by unscrupulous criminal structures as well
as by solo perpetrators. The line between smuggling and migrant trafficking often becomes
blurred. Forced to move, people are exposed to ransom, kidnapping, sexual exploitation or
trafficked for forced labor during their life-threatening journeys. Such a vulnerability may not
be properly recognized by the first competent persons in the country they enter, because, on
the one hand, time does not allow it, or, on the other hand, because the appropriate tools for
early detection have not been developed, are not widely harmonized or, in some cases, simply
do not apply.

The Republic of North Macedonia is a transit zone for both migration and transnational
organized crime. Over the years, a number of omissions have been made regarding the proper
recognition of potential victims of crimes among migrants as well as victims of human
trafficking. The country has developed some standards and guidelines for anti-trafficking
measures in humanitarian crises and has done some training for frontline responders and
humanitarian actors. However, practice does not show us the results of adequate and timely
detection. Adequate time and tools are vital to identify vulnerability and special needs,
including for those who wish to remain invisible or unreported.
Therefore, in the paper we will review the victimization of migrants and refugees as part
of mixed migration flows, in the territory of our country, as well as emphasize the danger of
their recruitment in human trafficking and migrant smuggling. We will especially emphasize
the similarities between these two crimes that make it difficult to correctly recognize and
identify possible victims of human trafficking in the territory of the Republic of North
Macedonia and we will review the positive rules and regulations as well as practical efforts
with a dose of criticism for better future results .