The government did not report that victims were punished for unlawful acts they coerced by traffickers; However, due to the lack of consistent efforts to detect indicators of trafficking of irregular migration flows, authorities likely arrested and deported some unidentified victims among undocumented migrants and asylum seekers. Foreign victims have access to the same services as domestic victims, but foreign victims without a work permit at the time of their exploitation cannot be compensated for loss of wages. Foreign victims could obtain a temporary residence permit after a reflection period of 60 days for adults and 90 days for children; The government granted residence permits to four victims (one in 2020). Seven of the 15 district courts had Victim and Witness Support Offices (VWSO) that provided assistance during criminal proceedings, including video requests for evidence, referrals to specialized institutions, legal and logistical support, and measures to prevent further trauma. The government also funded a civil society network to provide legal, psychological and logistical support in the eight district courts without SVOs. While observers reported that the courts systematically offered assistance to VSOs, the other eight civil society-supported district courts lacked the capacity and resources to provide victim-centred approaches. Civil society reported that the judiciary was not always familiar with the legal protection of victims of trafficking and that some judges lacked sensitivity and understanding of the effects of psychological trauma, and required victims to make multiple statements or testimonies, leading to further trauma. For example, judges allowed victims to testify remotely, but required victims to do so at the courthouse, forcing victims to travel from another city. Children were able to testify in children`s interrogation rooms in front of specialized professionals, but observers reported that in 2019, a judge asked a child to testify in court for seven hours.
The law provided for witness protection, but the government said no victims were in need of protection in 2021 or 2020. The authorities reported difficulties in encouraging victims to cooperate in investigations, particularly cases of sex trafficking or cases of potential foreign victims for fear of reprisals, stigmatization, re-traumatization, or logistical problems. The law entitled victims to compensation in criminal cases, but judges most often rejected restitution claims and ordered victims to file civil lawsuits seeking redress. The experts indicated that the absence of compensation policies, training of judges, bureaucratic procedures and inadequate mechanisms perpetuated the lack of redress in criminal convictions. Civil court judges were sometimes in a better position to assess emotional pain, but civil lawsuits were costly, time-consuming, and required victims to testify again about their exploitation, resulting in further trauma. The judges did not award compensation in 2021, but the compensation, awarded to a victim in 2020 for 143,650 kuna ($22,270), became final in 2021. In line with the Energy Strategy and the NECP, which aim to increase the share of renewable energy in final consumption to 36.6% by 2030, the target will now be legally binding. The government continued its prevention efforts. The Head of the Office of Human Resources Management served as the national counter-trafficking coordinator and secretariat of the High-level National Coordination Committee; The National Committee met once in 2021 and 2020. In 2020, the government passed a resolution to include representatives of the judiciary in the national committee, appointed two Supreme Court judges, and appointed the deputy prime minister as chair of the committee. The Committee`s operational task force held monthly virtual meetings and monitored the implementation of the National Action Plan (NAP) 2018-2021, and good cooperation was reported by members of the team, including civil society.
The government has allocated HRK 117,209 (USD 18,170) for the implementation of the NAP and provided OHRRNM with HRNM 292,620 (USD 45,370) in 2021 and HRK 265,120 (USD 41,100) for 2022. The government has conducted awareness-raising campaigns in areas with high tourist activity for people who may come into contact with a victim, including public transport workers, restaurant and bar staff, and port and airport employees. In addition, the Government has organized awareness-raising campaigns aimed at the public, students and the Roma community. The government allocated 4,706 kuna ($730) to the NGO-run helpline, but observers reported that the NGO-run helpline operated only from 10:00 a.m. to 6:00 p.m. due to insufficient financial support and difficulties in finding the hotline number. The hotline received 678 calls, resulting in six investigations. The Government maintained a legal framework for the regulation and licensing of private sector employers, including foreign employment agencies.
The law prohibits the charging of recruitment fees for workers with fines for violations ranging from 4,000 to 100,000 kuna ($620 to $15,500); The government has not indicated whether such fines were imposed in 2021. Labour inspectors could impose fines and/or initiate criminal proceedings against employers for non-payment of wages. Labour inspectors carried out 8,247 inspections in a wide range of sectors, such as agriculture, construction, elderly care, forestry and services; Most of the violations concerned abusive employment contracts, work permits and wage issues. The government has made no significant effort to reduce the demand for commercial sexual acts. The government and NGOs have provided protection and assistance to victims, including shelter, medical assistance, legal assistance, psychosocial support, rehabilitation services, reintegration, personal protective equipment, and COVID-19 testing during the pandemic; Six adults and 10 children received support (three adults and five children in 2020). The government funded two NGO-run shelters based on the number of victims supported and provided 257,741 kuna ($39,960) to NGO-run adult shelters, up from 216,593 kuna ($33,580) in 2020.