COUNTRY X (Tier 2 Watch List)Country X is a transit and destination country for menand women subjected to forced labor and...
COUNTRYNARRATIVES61COUNTRYNARRATIVESOver the course of four months, an African migrant enduredwhippings and captivity at t...
62AFGHANISTANAFGHANISTAN(Tier 2 Watch List)Afghanistan is a source, transit, and destination countryfor men, women, and ch...
63ALBANIAreports of the sexual abuse of boys – including bacha baazi –by members of the Afghan National Security Forces. L...
64ALBANIARecommendations for Albania: Proactively implement thenew standard operating procedures on victim identificationt...
ALGERIA65ALGERIA (Tier 3)Algeria is a transit and, to a lesser extent, a destinationand source country for women and, to a...
66ANGOLAthey were received by officials from other countries. NGOsreported that in some cases, migrants died in the Sahara...
ANGOLA67and provide sufficient protections for victims; train lawenforcement officials to use existing portions of the pen...
68ANTIGUAANDBARBUDAvarious ministries, exists to coordinate government effortsagainst trafficking, although, as in the pre...
ARGENTINA69and Foreign Affairs, as well as officials from the Royal Antiguaand Barbuda Police Force, members of various ci...
70ARGENTINApreliminary investigations and, as of late 2011, there were167 ongoing trafficking prosecutions nationwide. Dur...
ARMENIA71did not report identifying or assisting any repatriated Argentinevictims of trafficking.PreventionThe Government ...
72ARUBAcontinued to be included in the curriculum of all educationfacilities of law enforcement bodies. There were no repo...
AUSTRALIA73The government provided a venue and staff time for a humantrafficking seminar for police, justice, health, immi...
74AUSTRALIAAustralian Federal Police (AFP) investigators in HumanTrafficking Teams (HTT) specialized in investigating traf...
2/7 Trafficking Report 2012 country profiles a c
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2/7 Trafficking Report 2012 country profiles a c

  1. 1. COUNTRY X (Tier 2 Watch List)Country X is a transit and destination country for menand women subjected to forced labor and, to a much lesserextent, forced prostitution. Men and women from South andSoutheast Asia, East Africa, and the Middle East voluntarilytravel to Country X as laborers and domestic servants, butsome subsequently face conditions indicative of involuntaryservitude. These conditions include threats of serious harm,including threats of legal action and deportation; withholdingof pay; restrictions on freedom of movement, including theconfiscation of passports and travel documents and physical,mental, and sexual abuse. In some cases, arriving migrantworkers have found that the terms of employment in CountryX are wholly different from those they agreed to in their homecountries. Individuals employed as domestic servants areparticularly vulnerable to trafficking since they are not coveredunder the provisions of the labor law. Country X is also adestination for women who migrate and become involved inprostitution, but the extent to which these women are subjectedto forced prostitution is unknown.The Government of Country X does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Althoughthe government has not yet enacted necessary anti-traffickinglegislation, during the reporting period it reaffirmed itscommitment to this goal over the next year. Despite theseefforts, the government did not show evidence of overallprogress in prosecuting and punishing trafficking offendersand identifying victims of trafficking; therefore, Country Xis placed on Tier 2 Watch List.Recommendations for Country X: Enact the draftcomprehensive anti-trafficking legislation; significantlyincrease efforts to investigate and prosecute trafficking offenses,and convict and punish trafficking offenders; institute andconsistently apply formal procedures to identify victims oftrafficking among vulnerable groups, such as those arrestedfor immigration violations or prostitution; and collect,disaggregate, analyze and disseminate counter-traffickinglaw enforcement data.The Government of Country X made minimal efforts toinvestigate and prosecute trafficking offenses during thereporting period. Country X does not prohibit all acts oftrafficking, but it criminalizes slavery under Section 321 andforced labor under Section 322 of its criminal law. The prescribedpenalty for forced labor – up to six months’ imprisonment – isnot sufficiently stringent. Article 297 prohibits forced or coercedprostitution, and the prostitution of a child below age 15 evenif there was no compulsion or redress; the prescribed penaltyis up to 15 years’ imprisonment, which is commensurate withpenalties prescribed for other serious crimes, such as rape.Draft revisions to the penal code have not yet been enacted.An unconfirmed report indicates that four traffickers werecharged with fraudulently issuing visas to workers who theythen exploited. Two were reportedly deported, and two werereportedly convicted. The government did not confirm nordeny the existence of this case. The government did not reportany investigations, prosecutions, convictions, or sentences fortrafficking complicity of public officials.Country X made minimal progress in protecting victims oftrafficking during the reporting period. Although healthcare facilities reportedly refer suspected abuse cases to thegovernment anti-trafficking shelter for investigation, thegovernment continues to lack a systematic procedure for lawenforcement to identify victims of trafficking among vulnerablepopulations, such as foreign workers awaiting deportation andwomen arrested for prostitution; as a result, victims may bepunished and automatically deported without being identifiedas victims or offered protection. The government reportedthat the MOI has a process by which it refers victims to thetrafficking shelter; however, this process is underutilized inpractice. The trafficking shelter assisted 24 individuals duringthe reporting period and provided them with a wide range ofservices, including full medical treatment and legal and jobassistance. Country X commonly fines and detains potentialtrafficking victims for unlawful acts committed as a direct resultof being trafficked, such as immigration violations and runningaway from their sponsors, without determining whether theindividuals are victims of trafficking.Country X sometimes offers temporary relief from deportationso that victims can testify as witnesses against their employers.However, victims were generally not permitted to leavethe country if there is a pending case. The governmentdid not routinely encourage victims to assist in traffickinginvestigations or consistently offer victims alternatives toremoval to countries where they may face retribution orhardship.Country X made modest progress in preventing traffickingin persons during the reporting period. In March, Country Xhosted a two-day regional workshop meant to establish dialogbetween scholars, government officials, and stakeholders; todiscuss regional and international efforts to combat TIP; andhow to help victims. While the government made no apparenteffort to amend provisions of Country X‘s sponsorship law– enacted in March 2009 – to help prevent the forced laborof migrant workers, the government did start to enforceother parts of the law to the benefit of migrant workers. Oneprovision in the sponsorship law continues to require foreignworkers to request exit permits from their sponsors in orderto leave Country X. Although this may increase migrantworkers’ vulnerability to forced labor, the law created a newprocess through which a laborer who was not granted an exitpermit due to a sponsor’s refusal or other circumstances canseek one by other means. The government has a nationalplan of action to address trafficking in persons, but did notpublicly disseminate the plan or take steps to implement itduring the reporting period. The government did not take anypublic awareness campaigns aimed at reducing the demandfor commercial sex acts in Country X, but the governmentundertook public awareness campaigns, but the governmentconvicted two of its nationals for soliciting children for sex inother countries and sentenced them to 10 years’ imprisonment.individuals are victims of trafficking.Country X commonly fines and detains potentialndtrafficking victims for unlawful acts committed as a direct resultiof being trafficked, such as immigration violations and runningaway from their sponsors, without determining whether thethat the MOI has a process by which it refers victims to theimtrafficking shelter; however, this process is underutilized inerupractice.did not routinely encourage victims to assist in traffickinginvestigations or consistently offer victims alternatives toremoval to countries where they may face retribution orThe governmentgovernment continues to lack a systematic procedure for laweenforcement to identify victims of trafficking among vulnerableepopulations,effort to amend provisions of Country X‘s sponsorship law– enacted in March 2009 – to help prevent the forced laborof migrant workers, the government did start to enforceother parts of the law to the benefit of migrant workers.While the government made no apparentThe government did not take anyundertook public awareness campaigns, but the governmentconvicted two of its nationals for soliciting children for sex inother countries and sentenced them to 10 years’ imprisonment.public awareness campaigns aimed at reducing the demandfor commercial sex acts in Country X, but the governmentThe government did not reportefforts, the government did not show evidence of overallprogress in prosecuting and punishing trafficking offendersand identifying victims of trafficking; therefore, Country XDespite theseCountry X does not prohibit all acts ofAn unconfirmed report indicates that four traffickers wereis up to 15 years’ imprisonment, which is commensurate withpenalties prescribed for other serious crimes, such as rape.not sufficiently stringent. Article 297 prohibits forced or coercedpenalty for forced labor – up to six months’ imprisonment – isforced labor under Section 322 of its criminal law. The prescribedtrafficking, but it criminalizes slavery under Section 321 andif there was no compulsion or redress; the prescribed penaltythen exploited.charged with fraudulently issuing visas to workers who theyany investigations, prosecutions, convictions, or sentences forprostitution, and the prostitution of a child below age 15 eventrafficking complicity of public officials.The country’s tier ranking isbased on the government’se orts against tra ckingas measured by the TVPAminimum standards.Pro e ohumantra ckingin recentyears.Guidanceon how thegovernmentcan improve itsperformanceand obtaina better tierranking.Synopsis ofgovernmentefforts.Summaryof thegovernment’sega structureand awenforcementefforts againsthumantraf cking.Summary of thegovernment’sefforts to ensurethat traf ckingvictims areidenti edand providedadequateprotection.Summary of thegovernment’sefforts toprevent humantraf cking.TVPA MinimumStandard 4(10) –whether the governmentshows evidence of overallincreasing efforts.TVPA MinimumStandards 1-3 –whether the governmentprohibits all forms oftraf c ing and prescribesadequate criminalpunishments.TVPA MinimumStandard 4(1) – whether thegovernment vigorously investigatesand prosecutes traf c ing offensesand convicts and punishes traf c ingoffenders and provides data onthese actions.TVPA MinimumStandard 4(11) –whether the governmenthas made efforts to reduce thedemand for commercial sex acts,and, if applicable, participationin international sex tourism byits nationals.This page shows a sample country narrative. The Prosecution, Protection, and Prevention sections of each countrynarrative describe how a government has or has not addressed the relevant TVPA minimum standards (see page 388),during the reporting period. This truncated narrative gives a few examples.TVPA MinimumStandard 4(2) –whether the governmentadequately protects victimsof traf c ing by identifyingthem and ensuring they haveaccess to necessaryservices.TVPA MinimumStandard 4(7) – whetherthe government has madeadequate efforts to addressthe involvement in or facilitationof human traf c ing bygovernment employees.is placed on Tier 2 Watch List.thereportedThe government rerephardship.TVPA MinimumStandard 4(3) –whether the governmentis ma ing adequate effortsto prevent humantraf c ing.
  2. 2. COUNTRYNARRATIVES61COUNTRYNARRATIVESOver the course of four months, an African migrant enduredwhippings and captivity at the hands of Bedouin traffickers in theSinai. Many are forced into forced labor or sexual servitude as theyseek to migrate to Israel or Europe.
  3. 3. 62AFGHANISTANAFGHANISTAN(Tier 2 Watch List)Afghanistan is a source, transit, and destination countryfor men, women, and children subjected to forced laborand sex trafficking. Trafficking within Afghanistan is moreprevalent than transnational trafficking. The majority ofvictims are children, and during the year, IOM reported thatyounger boys and girls were increasingly subjected to forcedlabor in carpet-making factories and domestic servitude,and in commercial sexual exploitation, forced begging, andtransnational drug smuggling within Afghanistan and inPakistan, Iran, and Saudi Arabia. Some families knowinglysell their children for forced prostitution, including for bachabaazi – where wealthy men use groups of young boys for socialand sexual entertainment. Other families send their childrenwith brokers for employment but the children end up in forcedlabor. Opium-farming families sell their children – especiallygirls – to settle debts with opium traffickers. According to thegovernment and the UN, insurgent groups forcibly use childrenbetween 12 to 16 years old as suicide bombers. Some Afghanfamilies, including children, are trapped in debt bondagein the brick-making industry in eastern Afghanistan. SomeAfghan women and girls are subjected to forced prostitutionand domestic servitude in Pakistan, Iran, and India. There werereports of women and girls from the Philippines, Kyrgyzstan,Pakistan, Sri Lanka, Iran, Tajikistan, and China being forcedinto prostitution in Afghanistan. Under the pretense of high-paying employment opportunities, labor recruiting agencieslure foreign workers, including those from Sri Lanka, Nepal,India, Iran, Pakistan, and Tajikistan, to Afghanistan, andtraffickers lure Afghan villagers to Afghan cities or to Indiaor Pakistan, and then sometimes subject them to forced laboror forced prostitution after their arrival. Afghan men aresubjected to forced labor and debt bondage in the agricultureand construction sectors in Iran, Pakistan, Greece, the Gulfstates, and possibly southeast Asian countries. During 2011,one Azerbaijani victim was identified in Afghanistan and twoAfghan victims were identified in Serbia.The Government of Afghanistan does not fully comply withthe minimum standards for the elimination of trafficking inpersons. The government has not shown evidence of increasingefforts to address human trafficking compared to the previousyear; therefore, Afghanistan is placed on Tier 2 Watch List fora third consecutive year. Afghanistan was granted a waiverfrom an otherwise required downgrade to Tier 3 because itsgovernment has a written plan that, if implemented, wouldconstitute making significant efforts to bring itself intocompliance with the minimum standards for the elimination oftrafficking, and would devote sufficient resources to implementthat plan. The Afghan government did not prosecute or convicttrafficking offenders under its 2008 law, and it reportedlypunished trafficking victims for offenses they committed asa direct result of being trafficked. The level of understandingof human trafficking among Afghan government officials andthe government’s institutional capacity to combat humantrafficking remained very low. Civil society groups reported,nonetheless, that the government showed evidence of increasedpolitical will in combating trafficking.Recommendations for Afghanistan: Work towardeliminating police and court penalization of trafficking victimsfor offenses committed as a direct result of being trafficked,such as prostitution or adultery; increase use by lawenforcement of the 2008 anti-trafficking law, includingprosecuting suspected traffickers and convicting andimprisoning traffickers for acts of sex trafficking and forcedlabor; collaborate with NGOs to ensure that all children,including boys over the age of 11 victimized by sex and labortrafficking, receive protective services; continue regularmeetings of the High Commission for Combating Crimes ofAbduction and Human Trafficking/Smuggling and implementthe terms of reference; educate government officials on thedifferences between the crimes of kidnapping, humantrafficking, and human smuggling; strengthen the capacityof the interior ministry’s anti-trafficking/smuggling unit,including by increasing the number of officials in the unitand differentiating between smuggling and trafficking;undertake initiatives to prevent trafficking, such as runninga public awareness campaign to warn at-risk populations ofthe dangers of trafficking and directing mullahs to incorporateanti-trafficking messaging in religious teachings; and accedeto the 2000 UN TIP Protocol.ProsecutionThe Government of Afghanistan made no discernibleanti-trafficking law enforcement efforts over the reportingperiod. Afghanistan’s Law Countering Abduction andHuman Trafficking/Smuggling (2008), along with Article516 of the Penal Code, prescribes between eight and 15 years’imprisonment for labor trafficking. The law also prescribespenalties of life imprisonment for sex trafficking. Thislife sentence, however, is superseded by the Eliminationof Violence Against Women law (2009) which decreasedmaximum sentences for forced prostitution of females to 15years’ imprisonment. These penalties are sufficiently stringentand commensurate to those prescribed for other serious crimes,such as rape. Local NGOs continued to report that Afghangovernment personnel persisted in confusing trafficking withsmuggling, abductions, abuse, and other crimes, and thegovernment did not take steps to curb this conflation. In Dari– the most widely spoken language in Afghanistan – the sameword denotes both human trafficking and human smuggling,compounding the confusion. A government official reportedsome investigations of human trafficking offenses, but thecase lacked details of human trafficking, thereby calling intoquestion whether these investigations were for trafficking or forsmuggling. The government did not report any prosecutions,or convictions for human trafficking offenses or offenders inthe reporting period.Government employees’ complicity in human traffickingremained a problem. One government official noted thattraffickers bribe Afghan officials to ensure their release fromprison. Both the UN and local NGOs have cited isolated
  4. 4. 63ALBANIAreports of the sexual abuse of boys – including bacha baazi –by members of the Afghan National Security Forces. Livingconditions in government-run orphanages are extremely poorand some corrupt officials may have sexually abused childrenand forced them into prostitution. There were reports thatnational and border police facilitated trafficking and rapedsex trafficking victims. The government did not investigate,arrest, or prosecute government officials facilitating traffickingoffenses. International organizations and NGOs providedtraining to police, prosecutors, and other government officialson identifying and investigating trafficking cases. Trainingnoted in the 2011 and 2010 TIP Reports did not appear toincrease or improve law enforcement efforts.ProtectionThe Government of Afghanistan did not make discernibleprogress in protecting victims of trafficking. Afghanistandid not develop or employ systematic procedures to identifyvictims of trafficking or refer them to protective services.The government refers some women victimized by violence –including trafficking victims – to care facilities. The governmentreported that in 2011 it identified eight Pakistani victimsof trafficking. Four of the victims, who were women, werereferred to a shelter, but the other victims, who were men, werearrested and imprisoned. The government lacked resourcesto provide victims with protective services directly or fundthe provision of services by others; IOM and partner NGOsoperated the country’s three short-term trafficking shelters andprovided the vast majority of victim assistance, but fundinggaps impeded more effective protection efforts. Some victimsfaced hardships due to threats from the local community. IOMreported that it assisted 199 victims during 2011, the majorityof whom were boys. Although there were specific protectiveservices in Afghanistan for male trafficking victims ages 11 andunder, no such services are available for boys above the ageof 11. There is no evidence that the government encouragedvictims to assist in investigations of their traffickers duringthe reporting period.Government officials have punished victims of traffickingfor acts they may have committed as a direct result of beingtrafficked. In some cases, trafficking victims were jailedpending resolution of their legal cases, despite their recognizedvictim status. Female trafficking victims continued to bearrested and imprisoned or otherwise punished for prostitutionor adultery, for escaping from their husbands who forcedthem into prostitution, or for being unchaperoned as theyfled abuse in their homes, even if the destination was ashelter. Victimized women who could not find place in ashelter often ended up in prison. Authorities arrested severalwould-be child suicide attackers after they were reportedlypsychologically coerced, trained, and equipped in Pakistan byarmed opposition groups. There were reports of police rapingfemale trafficking victims and would-be child suicide attackersprior to incarceration. Some trafficked boys were placed ingovernment-run orphanages or a facility for juvenile criminalswhile their cases were being investigated, and trafficked adultmen were arrested and incarcerated.PreventionDuring the reporting period, the Government of Afghanistanmade no discernible progress in preventing human trafficking,but did launch an anti-trafficking structure. In January 2012,the High Commission for Combating Crimes of Abductionand Human Trafficking/Smuggling envisioned under the2008 law was finally inaugurated by the Minister of Justice,and it subsequently met several times, and approved Termsof Reference for its operations. The Ministry of Interior’santi-trafficking/smuggling unit continued to be understaffed.Coordination among government ministries on traffickingissues improved during the reporting period. The quasi-governmental Afghanistan Independent Human RightsCommission issued a report in July 2011 about the causesand modalities of the trafficking of women and childrenthat included recommendations for addressing them. Thegovernment did not undertake initiatives to prevent trafficking,such as public awareness campaigns to warn at-risk populationsof the danger of trafficking. There was no progress reportedtoward fulfilling the goals of the action plan signed in January2011 to combat the usage of bacha baazi by Afghan NationalSecurity Forces. Less than 10 percent of the population havebirth certificates, and the government did not undertakeany campaigns to document unregistered populations. Thegovernment did not take steps to reduce the demand forcommercial sex acts. Afghanistan is not a party to the 2000UN TIP Protocol.ALBANIA (Tier 2)Albania is primarily a source country for men, women, andchildren subjected to sex trafficking and forced labor, includingthe forced begging of children. Albanian women and childrencontinue to be subjected to sex trafficking within the country.Albanian victims are subjected to conditions of forced laborand sex trafficking in Greece, Italy, Macedonia, Kosovo, Serbia,and throughout Western Europe. Authorities reported findingtrafficking victims from Greece and Ukraine in Albania duringthe year. Children were exploited for commercial sex, forcedbegging, and forced criminality, such as burglary and drugdistribution; girls were also subjected to prostitution or forcedlabor after arranged marriage. There is evidence that Albanianmen are subjected to forced labor in agriculture in Greeceand other neighboring countries. Re-trafficking of Albanianvictims continued to be a problem.The Government of Albania does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the year, thegovernment increased its capacity to proactively identifytrafficking victims, used its witness protection program toprotect a trafficking victim, and provided short-term fundingfor NGOs to help victims. However, the government’s overalllack of sustained funding to anti-trafficking NGOs resultedin temporary closure of a shelter during the year, negativelyimpacting victim assistance. Moreover, widespread corruption,particularly among the judiciary, continued to hamper overallanti-trafficking efforts.
  5. 5. 64ALBANIARecommendations for Albania: Proactively implement thenew standard operating procedures on victim identificationto increase the scope of victims identified in Albania; ensureadequate funding for NGOs providing critical victim assistance;ensure a victim-centered approach to victim identification bynot conditioning victim status on victims’ roles in criminalinvestigations; expand the focus of care to ensure morecommunity-based services for victims’ reintegration, andempower survivors and help reduce the stigma associatedwith trafficking; continue to take steps to increase victim-witness protection for victims who may be willing to cooperatewith law enforcement; vigorously pursue cases of traffickingoccurring within the country; and proactively investigatetrafficking-related complicity of government officials.ProsecutionThe Government of Albania sustained its anti-trafficking lawenforcement efforts over the last year, though it convicted fewertrafficking offenders than during the previous year. Albaniacriminally prohibits sex and labor trafficking through articles110(a), 128(b), and 114(b) of its criminal code, which prescribepenalties from five to 15 years’ imprisonment. These penaltiesare sufficiently stringent and exceed those prescribed for otherserious crimes, such as rape. The Serious Crimes Prosecutiondivision reported investigating 27 human trafficking suspectsin 2011, compared with 29 suspects investigated in 2010.During the past year, the Serious Crimes Court prosecutedfive suspected trafficking offenders; all five prosecutionsresulted in convictions in 2011, compared with 11 convictionsin 2010. Penalties imposed on the five convicted offendersranged from fines to 15 years’ imprisonment. The governmentcontinued its criminal investigation into a labor traffickingcase initiated in 2010, but it has yet to formally charge anysuspects. NGOs praised the victim-sensitive response fromprosecutors appointed to trafficking cases during the year,including their referral of victims to care. According to a 2011report on Albania produced by the Council of Europe’s Groupof Experts on Action against Trafficking in Human Beings(GRETA), the Albanian government’s official recognition of theneed to increase the response to internal trafficking has yet tolead to tangible actions. Pervasive corruption in all levels andsectors of Albanian society continued to seriously affect thegovernment’s ability to address its human trafficking problem.The government did not report taking any law enforcementaction against trafficking-related complicity in 2011.ProtectionThe Government of Albania made some notable progressin strengthening its capacity to identify and protect victimsof trafficking in 2011. The government’s lack of sustainedfunding to NGOs, however, resulted in the temporary closureof one shelter during the reporting period. In the last year,the government reported identifying 84 new traffickingvictims via the national referral mechanism, compared with97 trafficking victims identified in 2010. NGOs reportedassisting a total of 132 trafficking victims throughout theyear. In July 2011, the government approved victim-centeredstandard operating procedures (SOPs) in collaboration withcivil society to improve identification of trafficking victimsand their referral to care. Although the new SOPs separatedtrafficking victims’ status from their willingness to presscharges against their traffickers, NGOs noted cases in whichpolice and social workers granted victim status only after thevictims agreed to formally participate in proceedings againsttheir traffickers.For the first time, the Albanian government disbursed fundingto NGOs for the provision of shelter services to traffickingvictims, providing the equivalent of approximately $9,775to three NGOs. The government ended its previous policy ofrequiring government social workers’ presence during NGO-conducted victim identification interviews as a preconditionfor funding. The NGO funding was limited to food expenses;some potential trafficking victims needing this benefit were notentitled to it. Due to lack of sustained funding, one of theseNGOs was forced to close its shelter temporarily during theyear, diminishing victim assistance in an area of the countrywith a critical need for services. The government continued,however, to fully fund and operate a reception center thathoused both victims of trafficking and undocumented foreignmigrants; victims’ freedom of movement was often restrictedin this center. Furthermore, the center lacked the capacity toprovide comprehensive reintegration assistance to victims.Some NGOs reported officials’ preference to refer traffickingvictims to the reception center rather than NGO shelters;more than half of all newly identified victims in 2011 wereassisted in this facility. The government did not penalizeidentified victims for unlawful acts committed in connectionwith their being trafficked; however, the Albanian criminalcode currently does not prohibit this from occurring. Countryexperts expressed concern that local police did not recognizechild trafficking within the country and instead treated suchcases as “exploitation of prostitution” or “child maltreatment.”Albania’s anti-trafficking law provides immigration relief asan alternative to the removal of foreign victims to countrieswhere they may face hardship or retribution, although thegovernment did not grant this to any foreign victims in2011. The government encouraged victims to participatein investigations and prosecutions of trafficking offenders.Victims who pursued cases against their traffickers continuedto be at risk from retribution, and there was often a need forwitness protection after a trial commenced. During the year,28 trafficking victims assisted law enforcement officials in theinvestigation stage and two trafficking victims testified duringtrial; notably, the government enrolled one of these victimsin its witness protection program. The government reportedit provided five trafficking victims with financial stipends inorder to assist with their reintegration after they left a shelter.The government conducted four trainings for law enforcementand other front-line responders on its newly adopted victimidentification and referral procedures in 2011.PreventionAlbania sustained its efforts to prevent trafficking in personsduring the year, although it continued to rely primarily oninternational donors to fund anti-trafficking awarenesscampaigns. The government continued to monitor its anti-trafficking efforts via its national anti-trafficking coordinator’soffice, which helped launch in 2011 a donor-funded nationalcampaign entitled “Childhood is Not Exploitation for Work,”which targeted schools and at-risk children to raise awarenessabout forced labor among the public and teachers. During theyear, the national coordinator’s office took steps to facilitatethe registration of unregistered children, who are especiallyvulnerable to trafficking in Albania. The government continuedto fund the national, toll-free, 24-hour hotline for victims andpotential victims of trafficking. The government made nodiscernible efforts to address demand for commercial sex acts.
  6. 6. ALGERIA65ALGERIA (Tier 3)Algeria is a transit and, to a lesser extent, a destinationand source country for women and, to a lesser extent, men,subjected to forced labor and sex trafficking. Most commonly,sub-Saharan African men and women enter Algeria voluntarilybut illegally, often with the assistance of smugglers, for thepurpose of traveling to Europe. Some of these women areforced into prostitution. Criminal networks which sometimesextend to sub-Saharan Africa and to Europe are involvedin both smuggling and human trafficking. The “chairmen,”or leaders, of the “African villages” – small non-Algerianethnic enclaves located in and around the southern cityof Tamanrasset – are among those responsible for forcingwomen into prostitution. To a lesser extent, some sub-SaharanAfrican men, mostly from Mali, are forced domestic workers;homeowners sometimes confiscate identification documents,indicative of forced labor. Some Algerian women are alsoforced into prostitution. Civil society groups believe that asEurope tightens its borders, Algeria is increasingly becoming adestination for both undocumented migration and trafficking.The “cost” – in terms of fees – of a migrant’s trip to andthrough Algeria have increased due to a greater crackdownagainst undocumented migration. Malians continue to fleeinsecurity in Mali and flood into southern Algeria; some ofthese migrants could be vulnerable to forced labor or forcedprostitution.The Government of Algeria does not fully comply withthe minimum standards for the elimination of traffickingand is not making significant efforts to do so. During thereporting period, the government sought prosecutions underits 2009 anti-trafficking law, yet continued to conflate humantrafficking and smuggling. It failed to identify and protecttrafficking victims and continued to lack adequate measures toprotect victims. The government engaged in some awarenessefforts to educate the public about human trafficking andworkplace exploitation.Recommendations for Algeria: Proactively increaseimplementation of Algeria’s anti-trafficking law by continuingto train law enforcement and judicial officials, investigatepotential offenses, and prosecute alleged offenders; establishcapacity to identify victims of trafficking among illegalmigrants; ensure that trafficking victims are offered necessaryassistance, such as shelter, medical, psychological, and legalaid; ensure identified victims are not punished for unlawfulacts committed as a direct result of being trafficked; establishpartnerships with relevant international organizations andNGOs in source countries to ensure the safe and voluntaryrepatriation of trafficking victims; train law enforcement,security, and other government officials on how to identifytrafficking, and measures to protect victims; and expandexisting efforts to increase public awareness of trafficking,including on the differences between human smuggling andtrafficking.ProsecutionThe Algerian government made minimal efforts to addresshuman trafficking through law enforcement means duringthe reporting period. Algeria prohibits all forms of traffickingunder Section 5 of its criminal code, enacted in March 2009.Prescribed penalties under this statute range from threeto 10 years’ imprisonment. These penalties are sufficientlystringent and commensurate with those prescribed underAlgerian law for other serious crimes, such as rape. During theyear, the government reported investigating and prosecutingoffenders under the trafficking law, though it was unclearwhether these were human trafficking or smuggling cases, thelatter of which appear not to come within the scope of thetrafficking in persons law. In March 2012, three individualswere convicted under the illegal immigration law of smugglingillegal immigrants from Arzew, Algeria, to Morocco en routeto Europe. According to Algerian officials, those prosecutedsought to keep the immigrants’ passports and extort highertransportation fees from them. It was not clear whether thethree were involved in human trafficking. In 2011, an Algerianman was sentenced in absentia to 10 years’ imprisonmentunder Algeria’s anti-trafficking law for operating a networkthat moved sub-Saharan migrants from Algeria to Moroccoen route to Europe, which was also not clearly a traffickingcase. Two suspected human trafficking investigations werereportedly ongoing at the end of the reporting period, but it isunclear whether these were cases of trafficking or smuggling.The National Police and National Gendarmerie are reportedlyinvolved in efforts to combat sex trafficking and forced labor,but they reported no knowledge of trafficking cases in southernAlgeria. Nonetheless, some African village “chairmen” haveclose ties to the Algerian police, and previous reporting hasindicated that some police have released arrested women inprostitution and sex trafficking victims back to their pimps.The government provides and funds anti-trafficking sessionsfor National Police and National Gendarmerie officials as apart of their routine training. In October 2011, the NationalPolice provided a training course on organized crime andhuman trafficking for 60 police officers.ProtectionThe Government of Algeria made no discernible progress inprotecting victims of trafficking over the last year. It did notdevelop or employ systematic procedures for the identificationof trafficking victims among vulnerable populations, such asforeign women arrested for prostitution or undocumentedmigrants. NGOs reported that some trafficking victims werejailed for unlawful acts committed as a result of their beingtrafficked – such as engaging in prostitution or lacking adequateimmigration documentation. Similarly, NGOs indicated that ifa prostitution operation becomes too public, police will arrestwomen in prostitution and deport them through Algeria’ssouthern border, making no attempt to identify potential sextrafficking victims. Security officials in Tamanrasset reportedthat 8,097 illegal immigrants were picked up and deportedfrom Algeria during this reporting period. Among theseimmigrants, 241 were arrested for crimes, three of whichwere charged with prostitution. Security officials made noeffort to screen or identify these immigrants for indicationsof trafficking, nor did they provide protection or refer thesevictims to service facilities. NGOs reported that deportedmigrants, some of whom may have been trafficking victims,received a liter of milk and some bread and were transportedto desert borders with Mali and Niger where – on occasion –
  7. 7. 66ANGOLAthey were received by officials from other countries. NGOsreported that in some cases, migrants died in the Saharandesert. The government, on the other hand, reported thatundocumented migrants detained in Tamanrasset spend aweek in a detention center where they receive three mealsa day and medical care if needed, before being deported toneighboring countries to the south. As of January 2012, theAlgerian government ceased returning illegal immigrants toMali due to unrest in the country. The Ministries of Justiceand Social Solidarity, in partnership with NGOs, conductedthree training events in June 2011 to a total of 200 magistratesand medical professionals. The trainings covered how toidentify and respond to abuse in the workplace and humantrafficking situations.The government did not provide foreign victims with legalalternatives to their removal to countries where they facedretribution or hardship. The government did not providecounseling or legal services to victims, nor did it refer victimsto other potential service providers. There were no government-operated shelters, and civil society groups were prohibitedfrom operating any such shelters because they would bepenalized for harboring undocumented migrants; however,NGOs operated care facilities for vulnerable populations,such as abandoned women, and these were accessible tofemale trafficking victims. Government-operated health clinicscontinued to be available for trafficking victims, and somevictims used these services; however, a number of victimswere either not aware of these clinics or declined to use themdue to fear of deportation. There is no formal program toencourage trafficking victims to participate in investigationsor prosecutions of trafficking offenders.PreventionThe Algerian government engaged in minimal preventionefforts during the reporting period. The government conducteda public awareness campaign on trafficking in persons. In June2011, the government organized and funded three seminarsin major Algerian cities to raise awareness among youth onlegal rights in the workplace with an emphasis on detectingtrafficking in persons and workplace abuse. The governmentdid not have a formal anti-trafficking policy or a nationalplan of action to complement its anti-trafficking law. It didnot attempt to forge effective anti-trafficking partnershipswith civil society organizations. The government did nottake measures to establish the identity of the populationsmost at risk of being trafficked. Press articles during thereporting period noted that clients were arrested when policebroke up prostitution rings, which can reduce the demandfor commercial sex acts; however, some of the people inprostitution also arrested in these raids may have been sextrafficking victims. The government reports that there is aninter-ministerial group dedicated to trafficking issues, butno evidence suggests that it regularly meets or coordinatestrafficking efforts, nor is data available to confirm this group’smakeup, authority, or date of establishment.ANGOLA (Tier 2 Watch List)Angola is a source and destination country for men, women, andchildren subjected to sex trafficking and forced labor. Angolansare reportedly forced to labor in agriculture, construction,domestic service, and artisanal diamond mines within thecountry. There are reports of underage girls, as young as 13, inprostitution in the provinces of Luanda, Benguela, and Huila.Some Angolan boys are taken to Namibia for forced labor incattle herding, while others are forced to serve as couriersas part of a scheme to skirt import fees in the cross-bordertrade between Namibia and Angola. Angolan adults may usechildren under the age of 12 for forced criminal activity, aschildren cannot be tried in court. Forced begging also occursin Angola. Angolan women and children are subjected todomestic servitude in South Africa, the Democratic Republic ofthe Congo (DRC), Namibia, and European nations, primarilyPortugal.Vietnamese and Brazilian women in prostitution in Angola maybe victims of sex trafficking. Chinese sex trafficking victims,recruited with promises of work by Chinese constructioncompanies, are deprived of their passports, kept in walledcompounds with armed guards, and forced to pay back thecosts of their travel by engaging in prostitution. Chinese,Southeast Asian, Namibian, and possibly Congolese migrantsare subjected to forced labor in Angola’s construction industry;conditions include withholding of passports, threats, anddenial of food and movement. The Chinese workers are broughtto Angola by Chinese companies who have obtained largeconstruction or mining contracts; the companies do notdisclose the terms and conditions of the workers’ recruitmentand work. Illegal Congolese migrants voluntarily enterAngola for work in its diamond-mining districts, where someexperience conditions of forced labor or forced prostitutionin mining camps. Trafficking networks recruit and transportCongolese girls as young as 12 from Kasai Occidental in theDRC to Angola for various forms of exploitation.The Government of Angola does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. Despite these efforts,the government did not demonstrate evidence of overallincreasing efforts to address human trafficking since theprevious year; therefore, Angola is placed on Tier 2 WatchList for a second consecutive year. The Angolan governmentmade some improved law enforcement efforts, includingthe rescue of 23 Chinese sex and labor trafficking victimsand the arrest of at least 12 suspected Chinese traffickers.However, the government neither amended its penal codeto criminalize trafficking in persons nor finalized draft anti-trafficking legislation. It made no efforts to identify Angolanvictims, increase its provision of services to victims, or raiseawareness of trafficking during the reporting period. Thegovernment also did not develop procedures to identify victimsof trafficking among vulnerable populations, and did nottrain its law enforcement, social services, or immigrationpersonnel on this skill.Recommendations for Angola: Draft a national action planin order to coordinate and pace the government’s anti-trafficking efforts over the coming year; amend the penalcode to prohibit and punish all forms of human trafficking
  8. 8. ANGOLA67and provide sufficient protections for victims; train lawenforcement officials to use existing portions of the penalcode to prosecute and convict trafficking offenders; investigateand prosecute forced labor abuses in the construction sector;develop and implement procedures for the identification oftrafficking victims among vulnerable populations; train lawenforcement, social services, and immigration officials inidentification and referral procedures; provide support for theestablishment and maintenance of shelters for traffickingvictims; collect anti-trafficking law enforcement data; andexpand nationwide anti-trafficking public awarenesscampaigns.ProsecutionThe Government of Angola modestly increased its anti-trafficking efforts during the year through the rescue of 23Chinese nationals and the arrest of at least 12 suspectedtrafficking offenders, one of whom remains in jail pendingtrial. Angola does not have a law that specifically prohibitsall forms of trafficking, though the constitution promulgatedin February 2010 prohibits human trafficking. The penalcode, in force since 1886, has not yet been amended to reflectthis constitutional provision. Although the governmentdrafted amendments to the penal code during the reportingperiod, they remain pending with the National Assembly fora second year. Draft comprehensive anti-trafficking legislationalso remains pending with the assembly. Article 71 of thecurrent penal code prohibits facilitating prostitution, andArticle 406 specifically prohibits child prostitution, imposinginsufficiently stringent penalties of between three months’ andone year’s imprisonment and a fine. These penalties are notcommensurate with those prescribed for other serious crimes,such as rape. Article 4 of the General Labor Law prohibitsforced, coerced, or bonded labor, prescribing insufficientpenalties of a fine of between five and 10 times the averageworkers’ salary.Following a phone call from trafficking victims to a foreignembassy in Luanda, the Special Crimes Unit of the NationalPolice raided a Chinese construction site in Luanda in April 2011,arresting an unknown number of supervisors and rescuingfour Chinese trafficking victims. The government charged oneof the alleged trafficking offenders with “organized crime,”and he remains in prison awaiting trial. However, authoritieshave neither sought to rescue and screen an additional 121Chinese workers reported to be in the same conditions, some ofwhom may be trafficking victims, nor investigated forced laborabuses in Chinese companies in the construction sector. InNovember 2011, after receiving a tip from a foreign government,Angolan authorities apprehended 11 suspected traffickersfor the alleged sex trafficking of 19 Chinese nationals andextradited them to China. The government took no action toaddress allegations of official complicity in trafficking fromprevious reporting periods, including allegations that policeand military officials facilitated the illegal entry of Congolesenationals who subsequently became victims of forced labor orprostitution in mining camps, as well as allegations militarypersonnel in Cabinda province purchased more than 30trafficked women and girls from a sex trafficking ring in2010. IOM trained 829 officials and 163 service providers onidentifying and protecting trafficking victims; the Ministry ofthe Interior supplemented the costs of some of these trainingsheld in government facilities and provided office furniturein an effort to increase the number of officials trained inthese sessions. The government signed a memorandum ofunderstanding with Zambia in March 2012 to advance abilateral partnership on anti-trafficking efforts.ProtectionDuring the past year, the government sustained modest effortsto ensure victims of trafficking received access to protectiveservices, although a systematic process for the identificationof trafficking victims and legal remedies for victims remainedlacking. The government did not report the identificationof any Angolan trafficking victims in 2011. Following theirrescue from a construction site in late April 2011, authoritiesplaced four Chinese trafficking victims in the care of IOM,which in the absence of support from the Chinese or Angolangovernments provided shelter, assistance, and repatriation. InNovember 2011, the Chinese Embassy in Luanda providedshelter and assistance to 19 sex trafficking victims and fundedtheir repatriation to China. There are existing facilities withinAngola that could provide care to trafficking victims, thoughthere was no evidence victims were referred to these resourcesduring the reporting period. In partnership with UNICEF, theNational Children’s Council (INAC) oversaw Child ProtectionNetworks (CPNs) in all 18 provinces that have in the pastrescued victims of trafficking. These CPNs offered healthcare, legal and social assistance, and family reunificationfor crime victims under the age of 18; however, there was noevidence that victims used these resources during the reportingperiod. The Ministry of Assistance and Social Reintegration,the Ministry of Family and Women’s Promotion (MINFAM),and the Organization of Angolan Women operated a limitednumber of multi-purpose shelters that trafficking victimscould access, although there were no signs that victims usedthese resources during the reporting period. The governmentprovided extremely limited funding for NGOs in all areas ofsocial programming; no information was available on theamount of funding, if any, that it provided to NGOs for anti-trafficking work during the reporting period.Law enforcement, immigration, and social services personnellacked a formal system of proactively identifying victims oftrafficking among vulnerable groups, including women inprostitution and illegal immigrants. During the reportingperiod, the government did not provide training to theseofficials on victim identification procedures. Withoutstandardized procedures for identifying trafficking victimsamong vulnerable populations, some trafficking victims mayhave been penalized for unlawful acts committed as a directresult of being trafficked. During the reporting period, IOMpartnered with the Ministry of the Interior to review manualsand standard operating procedures on victim identification,which were developed for the southern African region, tomodify them for use in Angola. The government did not offervictims long-term assistance and did not provide foreignvictims with temporary residency or other legal alternativesto their removal to countries where they may face retributionor hardship. The Ministry of Exterior Relations and MINFAMare responsible for coordinating the repatriation and providingassistance to Angolans victimized abroad; it was unclearwhether the government provided such assistance duringthe reporting period.PreventionThe government made limited efforts to prevent traffickingduring the reporting period. The Cross-Sectoral Committeeon Trafficking in Persons, comprised of representatives from
  9. 9. 68ANTIGUAANDBARBUDAvarious ministries, exists to coordinate government effortsagainst trafficking, although, as in the previous reporting period,there was no evidence it did so in 2011. The government did notlaunch any new anti-trafficking awareness campaigns duringthe year. INAC and the Ministry of Social Communicationcontinued to publish anti-trafficking advertisements in thepress. Through INAC-sponsored seminars throughout 2011,teachers, students, and traditional community leaders weresensitized on indicators of child trafficking. The Ministryof Public Administration, Employment, and Social Securityinspected work sites and fined companies for labor lawviolations, but did not identify victims of forced labor. Thegovernment did not make efforts to reduce the demand forcommercial sex acts. Angola is not a party to the 2000 UNTIP Protocol.ANTIGUA AND BARBUDA(Tier 2)Antigua and Barbuda is a destination and transit country formen, women, and children subjected to sex trafficking andforced labor. Legal and undocumented immigrants from theCaribbean region and Southeast Asia reportedly comprisethe population most vulnerable to trafficking. According tosome sources, forced prostitution occurs in bars and brothels.Incidences of forced labor have occurred in domestic service,on farm lands, and in the retail sector.The Government of Antigua and Barbuda does not fully complywith the minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitelimited human and financial resources, the government madesubstantial progress during the reporting period in its effortsto proactively identify human trafficking, protect victims, andraise awareness about the issue. The government initiated newtrafficking investigations and began two prosecutions, but itdid not report any convictions or punishments of traffickingoffenders over the past year.Recommendations for Antigua and Barbuda: Vigorouslyprosecute, convict, and punish trafficking offenders, includingofficials complicit in human trafficking; continue identifyingand protecting trafficking victims by formalizing proceduresto guide law enforcement and other officials in identifyingvictims and referring them to available services; considercreating a centralized database to track trafficking cases andenhance inter-ministerial cooperation; and continue effortsto raise awareness about child sex trafficking, underscoringthat all prostituted children are considered trafficking victimsby UN definitions.ProsecutionThe government made progress in the prosecution of traffickingoffenders during the reporting period. Antigua and Barbuda’sTrafficking in Persons (Prevention) Act 2010 prohibits forcedprostitution and forced labor, including bonded labor, andprescribes punishments of 20 to 30 years’ imprisonmentwith fines. These penalties are sufficiently stringent andcommensurate with those prescribed for other serious crimes,such as rape. The law is comprehensive, including extensivevictim protection measures. During the reporting period,the government initiated three trafficking investigations;all involved suspected forced labor, and one also involvedsuspected forced prostitution. The investigations led to therescue of trafficking victims. The government initiated twotrafficking prosecutions, though it reported no convictionsof trafficking offenders during the reporting period. Thegovernment did not report any investigations or prosecutionsof officials allegedly complicit in human trafficking. Thegovernment pursued various training opportunities andprovided in-kind support to three IOM-led capacity buildingand technical skills training workshops, which includedpersonnel from the Directorate of Gender Affairs (DGA), lawenforcement, the defense force, and other agencies. Someofficials suggested that a centralized database to track humantrafficking data would enhance interagency cooperation ontrafficking cases.ProtectionThe government made clear progress in the protection oftrafficking victims during the reporting period. In a positivedevelopment reflecting the government’s commitment toaddress human trafficking, the government identified andassisted 21 foreign victims of human trafficking, includingone child. With assistance from IOM, the government referredtrafficking victims to care providers after administering needsassessments. The DGA faced both human and financialresource challenges that were addressed through creativeprivate-public partnerships, such as an Emergency Safe Havensnetwork to provide shelter in confidential locations to victimsthrough collaboration with local businesses, churches, clinics,and volunteers. Additionally, the DGA opened a center whichprovided services – including finding shelter and facilitatingmedical and mental health care services – to victims of generalcrimes, including trafficking. Trafficking victims were notdetained in shelters. The Antiguan government ensuredthat identified victims were not penalized for unlawful actscommitted as a direct result of their being trafficked and offeredforeign victims long-term residency as a legal alternative totheir removal to countries where they may face retribution orhardship. During the year, one victim was granted permanentresidence in the country. Authorities collaborated with IOMto repatriate other foreign victims safely and voluntarily.PreventionThe government demonstrated significant traffickingprevention efforts during the reporting period. It continuedto distribute and share with other officials in the regionhuman trafficking public awareness materials and to airradio spots in English and Spanish that targeted victims aswell as the general public. The DGA hosted community talksand distributed posters throughout Antigua and Barbuda toraise anti-trafficking awareness. The government continuedto operate a hotline with operators trained to identify andassist human trafficking victims. The DGA led a national anti-trafficking coalition which met regularly and was comprisedof representatives from the Ministries of Social Welfare, SocialTransformation, Health, Labor, Immigration and Customs,
  10. 10. ARGENTINA69and Foreign Affairs, as well as officials from the Royal Antiguaand Barbuda Police Force, members of various civil societygroups, and community activists. The coalition has a nationalaction plan that has not yet been formalized. Throughout thereporting period, the coalition held discussions on humantrafficking with NGOs, faith-based organizations, members ofthe police force, and various interest groups within the Spanish-speaking community. The coalition also produced a publicservice announcement on trafficking that was specificallytargeted to children. The minister of national security chaireda newly established committee of high-level officials to addresstrafficking prevention. The government did not report anyinitiatives aimed at reducing the demand for commercial sex.The government and local NGOs reported no evidence thatchild sex tourism occurs in Antigua and Barbuda.ARGENTINA (Tier 2)Argentina is a source, transit, and destination country formen, women, and children subjected to sex trafficking andforced labor. Many sex trafficking victims from rural areas ornorthern provinces are forced into prostitution in urban centersor wealthier provinces in central and southern Argentina. Asignificant number of foreign women and children, primarilyfrom Paraguay, Bolivia, and Peru, and, to a lesser extent, fromthe Dominican Republic, are subjected to sex trafficking inArgentina. A significant number of Bolivians, Paraguayans,and Peruvians, as well as Argentine citizens from poorernorthern provinces, are subjected to forced labor in sweatshops,in agriculture, and in domestic work. Officials report therecould be some labor trafficking victims exploited as streetvendors and in forced begging in the capital. Argentina isa transit point for foreign women and girls trafficked intocommercial sexual exploitation in Chile, Brazil, Mexico, andWestern Europe, and some Argentine women and girls havebeen exploited in sex trafficking in other countries. Argentineofficials reported that in 2011 the number of labor traffickingvictims identified was over three times the number of sextrafficking victims identified during the same year.The Government of Argentina does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the past year,the Government of Argentina reported identifying a recordnumber of trafficking victims, the majority of whom wereforeign labor trafficking victims. It increased prosecutions andconvictions of trafficking offenders and issued numerous anti-trafficking protocols and guidelines for distinct governmentactors. Five shelters for trafficking victims received Argentinegovernment support: one received funds from the federalgovernment and others received resources from provincialor municipal authorities. Nevertheless, specialized servicesfor trafficking victims remained uneven across the country,competing mandates and lack of coordination between federaland provincial authorities caused delays in some investigations,and significant allegations of trafficking-related complicity ofgovernment officials at the local and federal level preventedmore comprehensive anti-trafficking efforts.Recommendations for Argentina: Continue to implementvigorously the anti-trafficking law through increased effortsto investigate, prosecute, convict, and punish traffickingoffenders, including public officials who may be complicit intrafficking crimes; increase funding for victim assistance,particularly through shelters and specialized services, at boththe national and local level and in partnership with NGOs;continue anti-trafficking training for law enforcement andjudicial personnel, and other public officials; develop andimplement protocols for local-level officials to identify andassist trafficking victims; intensify law enforcement effortsto dismantle trafficking networks by investigating assetsconnected to trafficking crimes; continue to increaseinvestigations of forced labor and domestic servitude crimesin both urban and rural areas, and hold responsible companieswhose supply chains benefit from forced labor; continue tostrengthen anti-trafficking coordination among the federaland provincial governments and between different actors onthe federal level, possibly through development of a nationalanti-trafficking plan; and continue efforts to raise awarenessabout all forms of trafficking.ProsecutionThe Government of Argentina strengthened anti-trafficking lawenforcement efforts last year, particularly through increasedprosecutions and convictions, although NGOs, the media, andsome officials continued to report significant and unaddressedlevels of complicity in human trafficking by provincial andlocal officials. Argentina prohibits all forms of traffickingpursuant to Law 26,364, which prescribes penalties of threeto 15 years’ imprisonment. Such penalties are sufficientlystringent and are equal to or exceed those prescribed for otherserious crimes, such as rape. The current anti-trafficking lawdoes not expressly state that an adult victim’s initial consentto engage in an activity is irrelevant once an element of force,fraud, or coercion has been established. The Senate approvedan amendment to this law during the year, addressing, inter alia,the issue of a victim’s initial consent. It awaited approval bythe Chamber of Deputies at the end of the year. This proposedamendment also defined “human trafficking” as the initialcomponent of a process that is distinct from the “exploitation”that is the end of that process. This language reflected a broadershift in Argentine officials’ use of the term “human trafficking,”which is narrower than the definition employed in the 2000UN TIP Protocol. NGOs and officials noted that authoritiesoften employed archaic statutes regarding condom use againstindividuals operating commercial sex sites when investigatingand prosecuting sex trafficking cases; the NGOs and officialscommented that these statutes prescribe inadequate criminalpenalties and generally modest fines.Authorities continued significant investigations of forcedlabor crimes during the reporting period. Law enforcementofficials coordinated with the Office for Rescue and Caringof Victims during raids. In 2011, authorities carried out 196
  11. 11. 70ARGENTINApreliminary investigations and, as of late 2011, there were167 ongoing trafficking prosecutions nationwide. During thereporting period, the government obtained the convictionsof 19 trafficking offenders, including three labor traffickerswho exploited Bolivian victims in sweatshops, with sentencesranging from two to 17 years’ imprisonment. In comparison,in 2010, authorities reported achieving 15 convictions of sextrafficking and no labor trafficking offenders.NGOs and officials noted significant efforts by the new Ministryof Security, established in December 2010, to coordinate theefforts of different federal law enforcement entities, create adatabase system for human trafficking crimes, and establishprotocols with other ministries to strengthen federal-levelcollaboration. The federal government maintained an anti-trafficking prosecutor’s office (UFASE), which also assistedin prosecuting kidnapping cases. UFASE coordinated itswork with the anti-trafficking units in the federal police,coast guard, and the gendarmerie. In addition, at least 10provinces maintained their own specialized law enforcementunits to investigate human trafficking offenses. Some NGOsreported that coordination between law enforcement officialsand judicial officials was sometimes weak at the local level.Although trafficking remained a federal crime, some traffickingcases were investigated or prosecuted at the local level underother statutes – such as those penalizing servitude or thepromotion of prostitution – due to lack of knowledge orto a desire to pursue cases at the local level, and were notimmediately transferred to the appropriate federal authorities.Some officials and NGOs noted significant delays caused byconfusion over which authorities had jurisdiction, and insome cases testimonies were discarded during this process.The government continued to provide anti-trafficking trainingto social workers and judicial and law enforcement officials,sometimes in partnership with international organizations.During the year, the federal prosecutor’s office issued detailedguidelines on how to investigate labor trafficking cases, andthe Ministry of Security issued written procedures for federalsecurity forces on how to investigate trafficking cases.According to NGOs and international organizations, someprovincial, local, and, to a lesser extent, federal officialsparticipated directly and indirectly in human traffickingcrimes. Some police officers reportedly turned a blind eye tosex or labor trafficking activity or tipped off brothel ownersabout impending raids, and some judges reportedly did notadequately investigate signs of official complicity in traffickingcases. Authorities continued to investigate 75 federal policeofficers removed from their duties for trafficking-relatedcomplicity, and the former head of the anti-trafficking policeunit remained under investigation for allegedly runningbrothels. The government, however, did not prosecute orconvict any government officials involved in human traffickingin 2011.ProtectionThe government reported identifying and assisting a recordnumber of victims during the year, although services wereuneven across the country. Several NGOs and some officialsstated the resources the government devoted to the protectionof trafficking victims seemed to be insufficient comparedwith the large number of victims identified. Some NGOsasserted that some officials errantly categorized cases of laborexploitation as human trafficking. The Ministry of Securityreported identifying almost 1,000 victims; most of thesevictims were Bolivian and Paraguayan adults exploited inforced labor. In contrast, in past years authorities identifiedmore sex trafficking victims than forced labor victims. Thegovernment’s Office for Rescue and Caring of Victims ofTrafficking, with an interdisciplinary team located in BuenosAires, took initial victim statements, generally within a weekof identification, and reported providing emergency post-rescue care to some trafficking victims, including access tolegal, medical, and psychological services. This office reportedto the press that it assisted 1,597 trafficking victims in 2011.However, the Special Rapporteur and other officials notedthis number represented the total number of individualsencountered in raids, not just victims, and NGOs gave mixedassessments of the office’s effectiveness, with some assertingit used flawed procedures for victim interviews.According to NGOs and some officials, the quality and levelof victim care varied widely by province, and most provinceslacked dedicated resources to care for trafficking victims,particularly forced labor victims. After victims provided theirinitial testimony, the Secretariat for Childhood, Adolescence,and Family (SENAF) of the Ministry of Social Developmentwas responsible for providing follow-up assistance to them, incoordination with provincial authorities. However, specializedservices and reintegration efforts were limited. SENAF reportedassisting 134 victims directly and over 500 additional victimsin cooperation with other provincial agencies; 63 percentdecided to return to their country of origin, while only threepercent decided to stay and requested assistance from SENAF.Authorities did not report what specific services victims wereoffered or received from SENAF, and some officials and NGOsnoted that victim assistance mechanisms were often unclear.It was also unclear to what extent foreign victims were fullyinformed of their options before their repatriation. Only fivepercent of the victims assisted were Argentine. NGOs statedthat the federal government’s de facto protocol of quicklyreturning victims to their country or province of origin wasnot always in the best interest of the victims, and asserted thatfederal entities do not consistently refer victims to specializedservices in those victims’ communities of origin.The Office for Rescue and Caring of Victims of Traffickingmaintained a shelter in the capital to care temporarily fortrafficking victims before they give their initial statement,though it was unclear how many of the victims identifiedduring the year stayed at this shelter, or where they werehoused immediately following raids. Federal, provincial,and municipal authorities supported five shelters for womenand child victims of sex trafficking across the country, somein partnership with a civil society organization. In areaswithout these dedicated shelters, trafficking victims could bereferred to existing government-operated shelters for victimsof domestic violence or for at-risk children, although it wasunclear if any victims received services at these institutionsduring the reporting period.Argentine authorities encouraged victims to assist with theinvestigation and prosecution of their traffickers, and somevictims did so during the year. There were no specific reportsof identified victims being jailed or penalized for unlawful actscommitted as a direct result of being trafficked. Authoritiesreported providing temporary residency to some foreignvictims during the reporting period. Long-term residency wasavailable through Argentine immigration policy, though it wasnot trafficking-specific, and it was unclear how many foreignvictims received this status during the year. The government
  12. 12. ARMENIA71did not report identifying or assisting any repatriated Argentinevictims of trafficking.PreventionThe Government of Argentina maintained prevention effortsduring the year. The federal human rights secretariat chairedinformal interagency meetings on a biweekly basis. However,NGOs and some officials asserted that poor coordinationamong the federal and provincial governments continuedto hinder the effectiveness of anti-trafficking efforts, asdid limited or nonexistent funding for provincial and localefforts to combat trafficking. Authorities reported fundingpublic awareness-raising efforts, including public serviceannouncements about trafficking shown on long distancebuses and aired on television.UFASE published a review of its anti-trafficking effortsin 2011. In July 2011, the president issued a decree to banclassified advertisements for sexual services in newspapersand magazines, and created a monitoring office to enforcethis prohibition. Some NGOs and media outlets claimed thisdecree was unconstitutional, as prostitution remained legalin Argentina. In an effort to prevent the use of forced labor,the province of Mendoza passed a law barring any businessfound to employ child labor or slave labor from benefitingfrom provincial tax, economic, financial or any other benefitsprovided by the province for a period of two years. NGOscontinued to report some isolated cases of child sex tourism,although there were no reported investigations or prosecutionsfor this crime. The government did not report providinganti-trafficking training to Argentine troops prior to theirdeployment abroad on international peacekeeping operations.ARMENIA (Tier 2)Armenia is a source country for women and girls subjectedto sex trafficking, as well as a source country for women andmen subjected to forced labor. To a lesser extent it has beena destination country for women subjected to forced labor.Women and girls from Armenia are subjected to sex traffickingin the United Arab Emirates and Turkey, and within thecountry. Armenian men and women are subjected to forcedlabor in Russia. Armenian boys have been subjected to forcedlabor within the country. An NGO reported a new trend oflabor migrants withdrawing their children from school andtaking them abroad as helpers; these children are vulnerableto conditions of forced labor.The Government of Armenia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. In 2011, thegovernment convicted more trafficking offenders than duringthe previous year, continued to train hundreds of officials inpartnership with NGOs and international organizations, andstrengthened anti-trafficking public awareness campaigns.The number of victims identified by the government duringthe year continued to drop.Recommendations for Armenia: Increase efforts to identifyvictims of forced labor and to investigate and prosecute labortrafficking offenses; further improve partnerships with NGOs,which would allow NGOs to regularly assist law enforcementwith the victim identification process; further educate lawenforcement and labor inspectors on distinguishing betweenlabor trafficking and civil labor violations; continue to provideand expand funding for NGOs that provide victim assistanceand ensure that all funding allocated for anti-traffickingprograms and victim assistance is spent on designatedprograms; improve efforts to protect victims who consent toserve as witnesses in prosecutions, including by establishinga compensation mechanism for trafficking victims; regulateand educate local employment agencies so they can helpprevent the forced labor of Armenians abroad; ensure thatvictims who are unable to assist in prosecutions have accessto services and protection; continue to ensure that victimsare provided with legally mandated assistance; improve effortsto identify child victims of forced labor among the populationof working children; and expand awareness-raising campaignsto rural and border communities.ProsecutionThe Armenian government demonstrated progress in its lawenforcement efforts against human trafficking during thereporting period. Armenia prohibits both sex traffickingand labor trafficking through articles 132 and 132-2 of itscriminal code, which prescribe penalties of five to 15 years’imprisonment – penalties that are sufficiently stringent andcommensurate with those prescribed for other serious crimessuch as rape. The government investigated 16 sex traffickingcases and one labor trafficking case in 2011, compared with 15sex trafficking and no labor trafficking cases in 2010. During2011, the Armenian government prosecuted eight new casesagainst 15 individuals for sex trafficking offenses and noindividuals for labor trafficking offenses, compared withprosecutions against six alleged sex traffickers and no allegedlabor traffickers newly prosecuted in 2010. During the year,the government continued to prosecute an additional 11defendants whose cases had begun in previous years; nine werecharged with sex trafficking and two with labor trafficking.The government convicted 13 trafficking offenders in 2011 –including 11 individuals for sex trafficking and two for labortrafficking – up from a total of five convictions in 2010. All 13convicted offenders in 2011 were given sentences ranging fromfour to nine years’ imprisonment. Based on a request made byArmenian law enforcement agencies in 2010, in September2011 Turkey extradited an alleged Armenian trafficker toArmenia; the alleged trafficker was escorted by Armenian lawenforcement officers from Istanbul to Yerevan. The Armeniangovernment sustained partnerships with anti-trafficking NGOs,international organizations, and foreign governments toprovide anti-trafficking training to hundreds of governmentofficials including prosecutors, police, border guards, membersof the judicial system, and labor inspectors. Human trafficking
  13. 13. 72ARUBAcontinued to be included in the curriculum of all educationfacilities of law enforcement bodies. There were no reports ofgovernment officials’ complicity in trafficking during 2011.ProtectionThe Government of Armenia demonstrated some progressin its efforts to identify and provide protection to victimsof trafficking during the reporting period. The governmentofficially identified 13 new trafficking victims in 2011 – twoof whom were labor trafficking victims, and all of whom werefemale – and offered assistance, including referrals to NGOshelters, to all of them. This contrasts with 19 victims identifiedin 2010. The government continued to provide the equivalent ofapproximately $17,000 to an NGO-run shelter, which assisted31 female victims of trafficking in 2011. Victims were notdetained at the shelter. Although extra employment assistancewas made available to trafficking victims, no trafficking victimsrequested it during the reporting period. In practice, judgesrejected sex trafficking victims’ claims for civil damages, asthe victims could not substantiate the financial damages theysuffered. Law enforcement officials encouraged traffickingvictims to cooperate in investigations and prosecutions.When requested to do so by victims’ attorneys or NGOs, lawenforcement officers provided security at court proceedings onan ad hoc basis. In 2011, all victims voluntarily assisted policewith trafficking investigations. The absence of appropriateprotections for victims who provide testimony continuedto be of concern. The government did not penalize victimsfor unlawful acts committed as a direct result of their beingtrafficked. The government permitted foreign victims to stayin the country through temporary residency permits and toobtain temporary employment; however, no foreign victimswere identified in the reporting period. The Ministry of Laborand Social Affairs created two new staff positions in the Familyand Children Department dedicated to further improvingassistance to trafficking victims.PreventionThe Armenian government undertook strong traffickingprevention efforts during the reporting period. The governmentspent the equivalent of almost all of the $23,000 devotedin the budgets of the Ministry of Labor and Social Affairsand Ministry of Youth and Sport Affairs to further increasepublic awareness of human trafficking. Many of these publicawareness activities involved broadcasting anti-traffickingpublic service announcements and other programs onnational and regional stations during peak viewing periods.Various government agencies undertook prevention activities.The Ministerial Council to Combat Trafficking in Personsand the Inter-Agency Working Group against Traffickingin Persons continued to meet regularly and coordinate theimplementation of the 2010-2012 National Plan of Actionaddressing human trafficking, in collaboration with NGOsand international organizations, and began to work on the2013-2015 National Plan of Action. The government regularlypublished reports on its anti-trafficking activities duringthe reporting period. During the year, the government tookmeasures to identify and record the unregistered births ofchildren. In an effort to reduce the demand for commercial sex,the government publicized its efforts to combat prostitution.The government provided anti-trafficking training to Armeniantroops before their deployment overseas on internationalpeacekeeping missions.ARUBA (Tier 2)*Aruba is primarily a destination country for women and mensubjected to sex trafficking and forced labor. Those at greatestrisk of trafficking are foreign women in Aruba’s commercialsex trade and foreign men and women in the service andconstruction industries. Also at risk are Chinese men andwomen working in supermarkets, Indian men in the jewelrysector, and Caribbean and South American women in domesticservice. There are indications of Aruban children under 18exploited in prostitution in Aruba.The Government of Aruba does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentidentified new labor trafficking victims, formalized a victimidentification checklist for officials, and expanded extensivepublic awareness efforts during the reporting period. However,it has not yet successfully prosecuted a trafficking offender.Recommendations for Aruba: Increase efforts to prosecute,convict, and punish perpetrators of forced labor and sextrafficking; boost efforts to identify victims of sex trafficking;consider providing the anti-trafficking committee with anindependent budget as a means to ensure its effectiveness;continue multilingual public awareness efforts; and developways to educate clients of the sex trade about the causes andconsequences of trafficking.ProsecutionThe Government of Aruba maintained its anti-traffickinglaw enforcement efforts during the reporting period. Arubaprohibits all forms of trafficking in persons through articles203a and 286a of its criminal code, which prescribe penaltiesranging from four to 15 years’ imprisonment. These penaltiesare sufficiently stringent and are commensurate with those forother serious crimes, such as rape. The government initiatedsix new labor trafficking investigations during the reportingperiod, compared with seven investigations in the previousreporting period. There were no new prosecutions, andthe three prosecutions from the previous reporting periodremained ongoing. One defendant remained in detention in2011. There were no investigations or prosecutions of officialscomplicit in human trafficking. The government reported thatadequate funding and staffing for police remained a problem.* Aruba is a semi-autonomous entity within the Kingdom of the Netherlands. The Kingdom Charter divides responsibility among the co-equal parts of the kingdom based onjurisdiction. For the purpose of this report, Aruba is not a “country” to which the minimum standards for the elimination of trafficking in the Trafficking Victims ProtectionAct apply. This narrative reflects how Aruba would be assessed if it were a separate, independent country.
  14. 14. AUSTRALIA73The government provided a venue and staff time for a humantrafficking seminar for police, justice, health, immigration,children’s services, and victim assistance and women’s affairspersonnel. The seminar was funded by a foreign donor, as weremost other anti-trafficking efforts. Aruba incorporated humantrafficking awareness into the police academy curriculumduring the reporting period.ProtectionThe Government of Aruba continued to make progress inits victim protection efforts during the reporting period.The government identified three new adult victims of labortrafficking. Aruba’s anti-trafficking task force provided lawenforcement and social services officials with a checklist ofthe 10 most common signs of human trafficking and requestedany possible cases to be reported to the national coordinator.During the reporting period, the government earmarkedfunds to assist trafficking victims and to fund projects ofthe interagency trafficking committee. The government hadagreements with local NGOs or private sector accommodationfor sheltering adult victims. The government provided legalassistance, medical assistance, and social and psychologicalassistance for identified trafficking victims during the reportingperiod, and arranged for one victim to move with her familyto an undisclosed location due to possible threats from asuspected trafficker. The government encouraged traffickingvictims to participate in investigations and prosecutions oftrafficking offenders and did not charge victims for crimescommitted as a direct result of being trafficked. According toAruban officials, the government offered identified traffickingvictims relief from immediate deportation and work permitsfor a maximum of six months; the three labor traffickingvictims received immigration relief during the reporting period.PreventionThe government made progress in its efforts to prevent humantrafficking during the reporting period, particularly throughawareness raising. It continued to promote its human traffickingawareness campaign in four languages targeted to both victimsand the general public and linked to a hotline with operatorstrained to assist trafficking victims. The Minister of Justicespoke out publicly against trafficking several times during thereporting period, including at a press conference in October2011 launching Aruba’s first National Day Against HumanTrafficking. The national coordinator gave several interviewson local radio and television to raise awareness about humantrafficking and the hotline during the reporting period. Furtherdemonstrating its commitment to address trafficking, thegovernment forged a public-private partnership that resultedin a hotel chain training its employees in trafficking awareness.The government sustained the functions of its anti-traffickingcommittee and during the reporting period added a healthministry participant. Aruba’s anti-trafficking coordinator anddirector of public prosecutions were required to provide writtenreports on anti-trafficking results every three months to Aruba’sjustice minister in preparation for kingdom justice meetings.The government did not have any awareness campaignstargeting potential clients of the sex trade in Aruba in an effortto reduce the demand for commercial sex acts. There were noknown reports of child sex tourism occurring in Aruba, or ofArubans participating in international sex tourism.AUSTRALIA (Tier 1)Australia is primarily a destination country for womensubjected to forced prostitution and to a lesser extent, womenand men subjected to forced labor. Child sex trafficking alsooccurs with a small number of Australian citizens, primarilyteenage girls, exploited within the country, as well as someforeign victims. Some women from Thailand, Malaysia, SouthKorea, China, and, to a lesser extent, India, Vietnam, EasternEurope, and Africa migrate to Australia voluntarily intendingto work legally or illegally in a number of sectors, includingthe sex trade. Subsequent to their arrival, however, some ofthese women are coerced into prostitution in both legal andillegal brothels. There were news reports that some Asianorganized crime groups recruit Asian women to migrate toAustralia, sometimes on student visas, and then subsequentlycoerce them into the sex trade. The women and girls aresometimes held in captivity, subjected to physical and sexualviolence and intimidation, manipulated through illegal drugs,and obliged to pay off unexpected or inflated debts to theirtraffickers. Some victims of sex trafficking have also beenexploited in domestic servitude.Men and women from several Pacific Islands, India, China,South Korea, and the Philippines are recruited to worktemporarily in Australia. After their arrival, some are subjectedby unscrupulous employers and labor agencies to forced laborin agriculture, horticulture, construction, cleaning, hospitality,manufacturing, and other sectors, such as domestic service.They face confiscation of their travel documents, confinementon the employment site, threats of physical harm, and debtbondage through inflated debts imposed by employers orlabor agencies. Most often, traffickers are part of small buthighly sophisticated organized crime networks that frequentlyinvolve family and business connections between Australiansand overseas contacts. During the year, one such syndicaterelied on the established informal remittance system hawalaas a means to launder its profits offshore. Some traffickersattempted to hide their foreign victims from official noticeor prevented victims from receiving assistance by abusingthe legal system in order to create difficulties for victims whocontact authorities for help. Foreign workers in the nursing,meat processing, manufacturing, agricultural, domestic andseafaring industries, as well as international students, may bevulnerable to trafficking. During the year, NGOs and otherinformed observers reported that some individuals on studentvisas, typically from Asia, became victims of forced laborand forced prostitution in Australia. There are over 450,000foreign students in Australia, many of whom spend up tothe equivalent of tens of thousands of dollars in placementand academic fees, as completion of courses often leads topermanent residency in the country. Some of these foreignstudents work in the housekeeping and restaurant industriesand are subject to a restriction of working a maximum of 20hours per week under their visas. When some were pushed byemployers to exceed the terms of their visas, they faced therisk of deportation, making them vulnerable to exploitationby unscrupulous employers; during the year there were reportsof such exploitation in restaurants and grocery stores nearMelbourne.The Government of Australia fully complies with the minimumstandards for the elimination of trafficking. During the year,the government continued to prosecute trafficking casesand obtained a conviction in one case of labor trafficking.
  15. 15. 74AUSTRALIAAustralian Federal Police (AFP) investigators in HumanTrafficking Teams (HTT) specialized in investigating traffickingoffenses as well as the online sexual exploitation of children.The government increased funding for its victim supportprogram, and continued to provide services to victimsidentified in previous years; however, it identified 11 victims– six of whom had been subjected to forced labor – during theyear, a decrease from 31 victims identified in the previousreporting period. The government granted 48 PermanentWitness Protection Visas to victims and their family members,which allowed them to remain in Australia permanently, andit continued to undertake robust efforts to prevent traffickingin Australia and throughout the region.Recommendations for Australia: Finalize draft amendmentsto Australia’s criminal code to ensure that trafficking crimesare defined so as to effectively prohibit and punish all formsof trafficking as per the 2000 UN TIP Protocol; continue toexpand efforts to proactively identify, criminally prosecute,convict, and stringently sentence offenders of labor trafficking;improve efforts to coordinate and refer trafficking caseinformation between government agencies; continue effortsto train police, local councils, health inspectors, and otherfront-line officers to recognize indicators of trafficking andrespond to suspected cases of both sex and labor trafficking;develop and implement a formal mechanism for governmentagencies to refer identified cases to law enforcement officialsto pursue criminal prosecutions; further strengthen effortsto identify trafficking victims among vulnerable groupsproactively, including foreign workers, foreign students in thecountry, and foreign and Australian women and children inprostitution; make efforts to further improve the access oftrafficking victims to opportunities to seek financialcompensation and civil remedies; consider additional waysto streamline and expedite visa processes for traffickingvictims; ensure that victims of trafficking and vulnerablepopulations are informed about their legal rights underAustralian immigration and labor law; continue campaignsto raise public awareness of all forms of trafficking, includinglabor trafficking and internal trafficking; develop a nationalplan of action for combating trafficking and include indicatorsfor measuring progress; increase efforts to reduce the demandfor forced prostitution through campaigns directed at clientsof the sex trade; and continue to play an active role in educatingcountries in the Asia-Pacific region on the important distinctionbetween trafficking and smuggling.ProsecutionThe Government of Australia continued anti-trafficking lawenforcement efforts during the last year. Australia prohibitssex and labor trafficking and trafficking-related offensesthrough Divisions 270 and 271 of the Commonwealth criminalcode, which prescribe maximum penalties of 12 to 25 years’imprisonment and fines of up to the equivalent of $152,000.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious offenses, such as rape.The Migration (Employer Sanctions Amendment) Act of 2007prohibits exploiting migrant employees through forced labor,sexual servitude, or slavery, and prescribes penalties of upto five years’ imprisonment and various fines; these alsoare sufficiently stringent and commensurate with penaltiesprescribed for other serious crimes. Existing criminal lawsdo not adequately prohibit deceptive recruitment for laborservices and offenses related to receiving and harboringtrafficking victims. Current law focuses on the movement ofindividuals with the use of physical force or threats of physicalforce, and does not cover non-physical forms of coercion orthe use of fraud or deceit to exploit others. In some cases, itwas difficult for prosecutors to prove that the defendant whoallegedly engaged in exploitation had the necessary intentto exploit the victims during their movement. In 2011, thegovernment drafted an amendment to its criminal code toaddress this deficiency. This draft amendment is available forpublic comment and the Australian government is currentlyreviewing stakeholder submissions.The AFP initiated 45 investigations during the year. As in pastyears, the majority of police investigations, 69 percent, were forsuspected transnational sex trafficking. Labor trafficking caseswere usually addressed through civil mechanisms. During theyear, however, the government criminally prosecuted one caseand obtained its first conviction under Division 271 of thecriminal code for a forced labor offense. The convicted offenderreceived a minimal sentence of community service and a fine.The government did not initiate any additional prosecutionsduring the year, a notable decrease from 13 prosecutions andfive convictions during the previous year. Six cases initiated ina previous year remained pending at the close of the reportingperiod. The government’s anti-trafficking efforts remainedprimarily focused on transnational sex trafficking; it hasnever identified or prosecuted a domestic sex traffickingoffense committed against an Australian citizen or resident.AFP investigators in the HTTs specialized in investigatingtrafficking offenses and the online sexual exploitation ofchildren. The government provided two weeks of humantrafficking investigations training to 20 police officers fromacross the country in May and June 2011. No governmentofficials were investigated, prosecuted, or convicted fortrafficking or trafficking-related criminal activities duringthe reporting period.ProtectionThe Government of Australia sustained efforts to provideprotection and care to victims of trafficking over the lastyear, though the number of victims identified decreasedfrom the previous reporting period. Most of the 77 victims ingovernment care during the year were identified in a previousyear. The government and NGOs identified 11 traffickingvictims in 2011: five victims of sex trafficking and six victimsof forced labor. In 2011, the government increased funding forits victim support program by 26 percent – to the equivalentof approximately $1.1 million – to meet increased needsamong identified trafficking victims. All victims who receivedservices during the year were foreigners; most were fromThailand, Malaysia, the Philippines, and Indonesia. Thegovernment’s victim support program provided eligible victimsof trafficking with access to accommodation, living expenses,legal advice, health services, and counseling. For the first time,more victims of labor trafficking were identified than victimsof sex trafficking. The government encouraged victims toparticipate in trafficking investigations; 89 percent of identified

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