2/7 Trafficking Report 2012 country profiles a c

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  • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
  • 16. AUSTRIA75victims participated in an investigation or prosecution duringthe reporting period. In 2011, the government granted 48Permanent Witness Protection (Trafficking) visas to victimsand their immediate family members; permanent visasrequired the victims’ contribution to an investigation orprosecution of an alleged trafficking offense. Victims identifiedby authorities were not incarcerated, fined, or penalized forunlawful acts committed as a direct result of being trafficked.Officials followed formal procedures for proactively identifyingvictims involved in the legal sex trade, and referred them forservices, though efforts to identify and assist victims of forcedlabor could be improved. To date, there have been few claimsfor compensation made on behalf of trafficking victims, andthere are reports that victims are not always informed aboutvisa options available to individuals who wish to remain inAustralia to pursue compensation or civil remedies.PreventionThe Government of Australia continued to demonstratenotable efforts to prevent trafficking in persons during theyear. Government anti-trafficking efforts were coordinated bythe Interdepartmental Committee, chaired by the AttorneyGeneral’s Department, which produced an annual reporton its efforts for Parliament. In May 2011, police endorsedthe Australian Policing Strategy to Combat Trafficking inPersons 2011-2013. In September 2011, the governmentappointed a Global Ambassador for Women and Girls, whoseformal duties include efforts to end the trafficking of womenand girls. The government hosted a visit by the UN SpecialRapporteur on trafficking in persons in November 2011; theSpecial Rapporteur stated that Australia has demonstratedstrong leadership in combating trafficking in persons, butneeds to increase victim support as well as efforts to combatlabor trafficking. In May 2011, the government convenedthe first Senior Officials’ Meeting, to supplement theNational Roundtable on People Trafficking, a mechanismfor coordinating among its agencies, NGOs, unions, andindustry bodies. Human trafficking units within the AustralianFederal Police hosted a training seminar in April 2011 for50 governmental and non-governmental stakeholders,which resulted in the formation of local human traffickingcommunity groups that held stakeholder meetings in Brisbane,Sydney, and Melbourne. The government continued to providethe equivalent of $600,000 a year to fund the AustralianInstitute of Criminology to analyze human trafficking trendsin Australia and the region, as well as four NGOs to providepro bono legal services to trafficking victims, direct support forvictims, and raise community awareness of trafficking. TheMinistry for Home Affairs and Justice awarded the equivalentof more than $500,000 from confiscated criminal assets tofund five NGOs to implement projects to raise awareness oflabor trafficking among vulnerable groups; these programs arescheduled to be implemented in future years. The Fair WorkOmbudsman continued to conduct awareness campaigns andpursue efforts through the courts for workplace violationssuch as underpayment of wages; however, none of the casesit investigated were referred to the AFP or the Departmentof Immigration and Citizenship for criminal investigationof potential forced labor. Officials continued to include the“Travel Smart: Hints for Australian Travelers,” brochure withall passport issuances, which highlights Australian traffickingand child sex crime laws and details for reporting a possibleviolation of the child sex laws to the AFP. The AustralianInstitute of Criminology released several reports throughoutthe year on trafficking in persons, including reports focused onthe trafficking of children in the Asia-Pacific region, Australia’sPacific Seasonal Worker Pilot Scheme, and vulnerabilities totrafficking in persons in the Pacific islands.Australia is a regional leader in combating trafficking inpersons. Australian diplomats and consular personnel receivedtraining on their obligations to report extraterritorial offensesof serious crimes, including child sex crimes and traffickingin persons. The government provided substantial funding forlaw enforcement training, victim assistance programs, andprevention activities throughout Southeast Asia. The AustralianAgency for International Development continued to fund anti-trafficking activities in the Asia-Pacific region, including effortsto improve criminal justice systems to address trafficking,enhance efforts to identify and protect child soldiers, andimplement anti-trafficking public awareness programs. In 2011,the government provided assistance to Cambodian authoritiesto prosecute and convict an Australian child sex offender;officials in Australia prosecuted two cases of alleged child sextourism offenses, but did not obtain any convictions of suchcases during the year. The government did not take significantsteps to reduce the demand for commercial sex acts or forcedlabor during the reporting period. The Australian governmenteducated troops and police officers on human trafficking priorto their deployments on international peacekeeping missions.AUSTRIA (Tier 1)Austria is a destination and transit country for women, men,and children subjected to forced labor and sex trafficking.Victims originate from Eastern Europe, Africa, and Asia. Somedomestic servitude occurs at the hands of foreign diplomatsfrom Asia, the Middle East, and Africa working in Austria.According to a March 2011 study funded by the EuropeanCommission, forced labor also occurs in the agricultural,construction, and catering sectors. The forced begging ofRoma children and other children from Eastern Europecontinues to be a problem. An NGO that works with Nigeriantrafficking victims in Austria reports traffickers abuse the legalprostitution and asylum processes to control their victims.The Government of Austria fully complies with the minimumstandards for the elimination of trafficking. During thereporting period the government prosecuted its first forcedlabor case and significantly increased the number of traffickingvictims it identified and referred for care. The governmentcontinued its proactive efforts to prevent domestic servitudein diplomatic households, and it identified victims subjectedto domestic servitude by diplomats during the year. However,many convicted trafficking offenders continued to receiveinadequate sentences of one year or less in prison. Therewere also reports that the government treated some traffickedchildren as offenders, particularly in areas outside of Vienna.
  • 17. 76AUSTRIARecommendations for Austria: Aggressively prosecute andconvict trafficking offenders to ensure that more of themreceive sentences that are proportionate to the gravity of thecrime; establish a case-based analysis of trafficking cases tohelp demonstrate vigorous prosecution of trafficking offenders;step up training and outreach efforts to proactively identifytrafficking victims among children in prostitution and menworking in agriculture, construction, and other sectors whereforeign migrants are vulnerable to exploitation; expand the useof systematic procedures to identify indications of traffickingamong women in the legalized prostitution sector; establishand formalize a nationwide trafficking identification andreferral system, including in reception centers for asylumseekers; and continue to explore ways to increase victims’incentives to cooperate with law enforcement.ProsecutionIn 2011, the Austrian government demonstrated importantprogress in its anti-trafficking law enforcement efforts,including the first conviction for forced labor. However,courts continued to hand down suspended sentences andpenalties of less than one year’s imprisonment to traffickingoffenders. The government prohibits both sex traffickingand labor trafficking under article 104(a) of the Austriancriminal code, but continued to use primarily article 217,which prohibits the transnational movement of persons forprostitution, to prosecute suspected traffickers. Paragraph 2of article 217 prohibits the movement of people into Austriafor prostitution. Article 104 criminalizes “trafficking for thepurpose of slavery” and prescribes penalties ranging from 10 to20 years in prison. Penalties prescribed in article 104(a) rangeup to 10 years’ imprisonment, while penalties prescribed inarticle 217 range from six months’ to 10 years’ imprisonment.These penalties are sufficiently stringent and commensuratewith those prescribed for other serious crimes, such as rape.In March 2011, the government successfully prosecuted its firstlabor trafficking case when a Serbian woman was sentencedto 10 months’ imprisonment for subjecting Romanian womento forced labor in the cleaning sector. In September 2011, thegovernment took an important step towards improving thehandling of trafficking cases and increasing the penalties fortraffickers when it established a human trafficking divisionwithin the Vienna criminal court staffed by a judge dedicatedto trafficking cases. The government reportedly prosecuted65 offenders using articles 217 and 104(a) in 2010 – the mostrecent year for which comprehensive data were available –which is the same number of offenders prosecuted under thesestatutes in 2009. Austrian courts convicted 14 offenders in2010, the majority under article 217, a decrease from the 32convicted trafficking offenders reported in 2009. Five offendersconvicted under article 217 were sentenced to one to fiveyears’ imprisonment; one received a suspended sentence andno jail time, and six received partially suspended sentencesresulting in jail time of one month to one year. Two offendersconvicted under Article 104(a) received suspended sentencesand no jail time.The Council of Europe’s Group of Experts on Trafficking(GRETA) September 2011 report on Austria noted the“dissuasiveness of penalties provided in article 104(a)” andurged the government to increase maximum penalties to reflectthat trafficking is a serious human rights abuse. According toa media report, a trafficker received a 27-month sentence forthe commercial sexual exploitation of a child. A case-basedanalysis of trafficking cases prosecuted under 217 in 2011 andearly 2012 demonstrates that the government used article 217to convict at least nine human trafficking offenders. In March2012, a court convicted six Bulgarian nationals under article217 for subjecting 31 Bulgarian women to forced prostitutionor forced begging. The ringleader received a full four-yearprison sentence, the others five offenders received sentences ofbetween 12 months’ and four years’ imprisonment. On April 3,2012, a court convicted three Serbian nationals under article217 for subjecting a Serbian woman to forced prostitution inthe escort sector. Sentences for these three offenders rangedfrom 12 months’ to two years’ imprisonment. In 2011, thegovernment reported it secured one conviction under itsslavery law, article 104, which prescribes a minimum ten-year sentence; however, sentencing data was not available forthis case. In October 2011, the government, in partnershipwith NGOs, conducted an anti-trafficking seminar for judges,prosecutors, and other officials. The government also addressedtrafficking perpetrated by diplomats posted in Austria, despitechallenges that diplomatic immunity posed to the prosecutionof these offenders. The government reported that severaldiplomats left the country in 2011 due to pressure from theAustrian government, which included requiring diplomatssuspected of trafficking to renew their diplomatic identificationcards every three months. The government did not prosecuteany acts of trafficking-related complicity.ProtectionThe Government of Austria sustained effective partnershipswith civil society to assist female victims of trafficking; thesepartnerships resulted in the identification of a significantnumber of trafficking victims in 2011. NGOs reported thepolice improved cooperation, particularly in referring victimsto NGOs for the victims’ recovery and reflection period. Thegovernment, in coordination with NGOs, identified 251trafficking victims in 2011, compared to 63 identified in 2010.The GRETA report for Austria, however, noted shortcomings inthe government’s identification of child victims of trafficking.The report noted potential victims of child trafficking aresometimes treated as offenders and arrested for theft, drugtrafficking, or prostitution-related offenses. The government’santi-trafficking police unit used a database to track when locallaw enforcement arrested a child for prostitution in order tocheck for indications of trafficking. The government’s regulationof Austria’s sizable, legal, commercial sex sector continuedto include weekly health checks for sexually transmittedinfections and periodic police checks of registration cards.In 2011, the police began screening women in prostitutionfor trafficking indicators. Police had at their disposal variousmanuals on trafficking and victim identification – including apocket card developed in coordination with NGOs – that listedthe main indicators for identifying victims of trafficking. In2011, the government, in cooperation with an NGO, launcheda pilot project in a reception center for asylum seekers tofacilitate the identification of trafficking victims. During thereporting period, the government identified 12 victims ofdomestic servitude in the residences of Asian, Middle Eastern,and African diplomats working in Austria.The Austrian government continued to fund a specializedanti-trafficking NGO that provided shelter, housing, andservices in Vienna to female trafficking victims; victimsprovided such shelter were not detained involuntarily. Thegovernment provided the equivalent of $744,000 to thisNGO in 2011, compared with the equivalent of $840,000
  • 18. AZERBAIJAN77in 2010. During the year, the NGO provided counseling,outreach, and other assistance services, including responsiblerepatriation, to the 251 trafficking victims it identified incooperation with the police. The government reported itprovided foreign victims of trafficking with legal alternativesto their removal through its 2009 Residence and SettlementAct, which listed victims of trafficking as a special categorywith a right for temporary resident status of at least six months.The government reported that between April and December2011, it issued 24 temporary residence permits or renewals totrafficking victims. Residence permits are generally grantedfor a period of one year. In July 2011, via an amendment tothe Law on Foreigners, the government granted traffickingvictims who hold residence permits access to the Austrianlabor market. The government encouraged victims to assistwith investigations and prosecutions, though NGOs reportedthat few victims assisted in prosecution of their traffickers dueto fear of retaliation. The government continued to fund thecity of Vienna’s specialist center for unaccompanied minors,which accommodated approximately 17 child victims oftrafficking in 2011, a decrease from the 40 it assisted in 2010.The government reportedly ensured identified victims werenot punished for unlawful acts committed as a direct resultof being trafficked.PreventionAustria sustained strong efforts to prevent domestic servitudewithin diplomatic households, requiring all foreign domesticworkers to appear in person at the Ministry of Foreign Affairsto receive information on how to get help if they becomevictims of forced labor. In addition, the government requireddiplomatic employers of domestic servants to provide evidenceof direct salary transfers to accounts held in the domesticservant’s name. In July 2011, it enhanced this oversight byrequiring domestic workers to obtain their own ATM cards.The government continued its series of school exhibitions tosensitize Austrian youth to sex trafficking and continued torun an anti-trafficking hotline. Austria continued a campaignto encourage tourists and travel agencies to report cases ofchild sex tourism; it reported it prosecuted three child sextourists in 2011. The government demonstrated transparencyin its anti-trafficking efforts in 2011 by drafting a report onthe implementation of its 2009-2011 national action plan,released in March 2012. The government continued to fundcourses conducted by an anti-trafficking NGO to sensitizetroops prior to their deployment on peacekeeping missions.AZERBAIJAN (Tier 2 Watch List)Azerbaijan is a source, transit, and destination country for men,women, and children subjected to forced labor and womenand children subjected to sex trafficking. Men and boys fromAzerbaijan are subjected to conditions of forced labor inRussia. Women and children from Azerbaijan are subjectedto sex trafficking in the United Arab Emirates, Turkey, Russia,and Iran. Women and children from Azerbaijan are subjectedto sex trafficking and children are subjected to forced labor,including forced begging, within the country. Azerbaijan is alsoa destination country for men from Turkey, Afghanistan, andChina subjected to conditions of forced labor, primarily in theconstruction industry. Chinese women are subjected to forcedlabor as street vendors and in agriculture within Azerbaijan.In 2011, Azerbaijani victims were identified in Afghanistanand Turkmenistan, and victims from Turkmenistan, Pakistan,Ukraine, and the Philippines were identified in Azerbaijanby civil society groups.The Government of Azerbaijan does not fully comply with theminimum standards for the elimination of trafficking. Duringthe year, the government prosecuted fewer alleged traffickingcases and convicted fewer trafficking offenders than in theprevious year, and it did not identify any labor traffickingvictims; therefore, Azerbaijan is placed on Tier 2 Watch List fora fifth consecutive year. Azerbaijan was granted a waiver of anotherwise required downgrade to Tier 3 because its governmenthas a written plan that, if implemented, would constitutemaking significant efforts to meet the minimum standardsfor the elimination of trafficking and is devoting sufficientresources to implement that plan. During the reporting period,the government did increase funding for protection services,implemented measures to protect at-risk children, madenew efforts to inspect work places, and passed legislativeamendments which, if implemented, could contribute to anincrease in prosecutions and victim protection.Recommendations for Azerbaijan: Strengthen efforts toidentify victims of forced labor by improving implementationof the national victim referral mechanism and by traininglabor inspectors on proactive victim identification techniques;demonstrate and report on efforts to vigorously investigate,prosecute, convict, and criminally punish government officialscomplicit in both sex and labor trafficking; improve qualityof labor inspections at construction sites in order to identifyvictims of forced labor; consider amending legislationgoverning labor migration to require work permits for migrantconstruction workers from all countries; enhance victimprotection during court proceedings; send court verdicts toaddresses chosen by the victims; enforce the law againstpassport withholding; increase provision of victimidentification and victim sensitivity training to working-levellaw enforcement officials; and continue efforts to raise publicawareness about both sex and labor trafficking.ProsecutionThe Government of Azerbaijan demonstrated some anti-trafficking law enforcement efforts during the reportingperiod. Azerbaijan’s 2005 Law on the Fight AgainstTrafficking in Persons prohibits both forced prostitutionand forced labor and prescribes penalties of five to 15 years’imprisonment, punishments which are sufficiently stringentand commensurate with those prescribed for other seriouscrimes, such as rape. The government reported two newlabor trafficking investigations and 17 new sex traffickinginvestigations in 2011, compared with three labor traffickinginvestigations and an unknown number of sex traffickinginvestigations in 2010. The government reported prosecuting20 individuals – nine of which were new prosecutions – forsex trafficking crimes in 2011, compared with 38 individualsprosecuted for such crimes in 2010. The government convicted
  • 19. 78THEBAHAMAS10 sex trafficking offenders in 2011, a decrease from the 28and 58 trafficking offenders convicted in 2010 and 2009,respectively.Nine convicted offenders received sentences ranging fromseven to eight years’ imprisonment, and one offender receiveda two-year prison sentence. The government did not prosecuteor convict any individuals for forced labor in 2011. The Ministryof Internal Affairs’ Anti-Trafficking Department (MIA ATD)reported that it extradited three Azerbaijani citizens from theUAE to face sex trafficking charges in Azerbaijan. In March2012, the government passed amendments to the criminal codeto allow punitive measures – including criminal prosecution,imposition of fines, asset confiscation, and liquidation – to betaken against legal entities such as construction companies,which commit certain crimes, including using compulsorylabor. Two NGOs alleged that police officers controlled orinfluenced the activities of certain saunas, motels, and massageparlors where forced prostitution likely occurred. They furtherstated that construction companies, including those that usedforced labor, were protected by government officials. Thegovernment did not investigate allegations of governmentofficials’ involvement in sex or labor trafficking. Some civilsociety groups criticized the MIA ATD for being corrupt andineffectual.In 2011, the MIA ATD, in cooperation with NGOs, providedlaw enforcement authorities with anti-trafficking trainingon investigative techniques, public awareness raising, andsensitivity. The government provided in-kind assistance fora three-day conference, led and financed by internationalpartners, in Baku; prosecutors, judges, and police investigatorsresponsible for trafficking crimes participated in the eventwhich focused on implementing the country’s labor traffickinglaw, including through building cases.ProtectionThe Government of Azerbaijan made progress during thereporting period to protect and assist victims of trafficking,although victim identification remained a concern. In 2011,the government identified 29 female victims of sex trafficking,including one child, and no male victims or victims of forcedlabor, while in 2010 the government identified 31 traffickingvictims, including three male victims of forced labor. Laborinspectors and police officers inspected construction sites, rockquarries, cotton fields, and tobacco farms; these inspectionsincluded efforts to detect forced labor indicators, but did notresult in the identification of trafficking victims.During the year, the government continued to fund onetrafficking shelter, which assisted 38 victims of trafficking,including one labor trafficking victim; 27 victims were assistedby the shelter in 2010. All government-identified victimswere assisted in this shelter and were provided with medicaland psychological assistance. Each of the 28 identified adultvictims was provided with a one-time subsidy payment inthe equivalent of $243, an increase from the equivalent ofapproximately $40 in 2010. Victims were not detained at thegovernment-funded shelter and could enter and leave thepremises freely. The government continued to provide initialassistance to domestic trafficking victims without requiringthem to file a formal complaint with the police. In March2012, the government amended the Law on Social Servicesto permit trafficking victims to receive social services fromlocal governments.In practice, most aid to victims was contingent upon theircooperation with law enforcement authorities, though thiswas not a legal requirement. There were no reports that victimswere penalized for unlawful acts committed as a direct resultof being trafficked; however, there were allegations that sexand labor trafficking victims, who were not identified by thegovernment, were deported. While the anti-trafficking lawallowed victims to receive temporary relief from deportation,this was not applied in practice as no foreign victims wereidentified by the government.PreventionThe Government of Azerbaijan sustained its traffickingprevention efforts during the reporting period. The NationalReferral Mechanism (NRM), which serves as the nationalcoordinating body of relevant ministries responsible forfighting trafficking, met twice during the reporting period.Many working-level officials in the NRM appeared to befocused mainly on sex trafficking and to have a limitedunderstanding of labor trafficking indicators.The government provided the equivalent of $62,000 inassistance to NGOs working on trafficking issues in 2011,compared with the equivalent of approximately $56,700provided in 2010. Additionally, the MIA recognized the workof 10 NGOs involved in anti-trafficking issues, awardingeach organization the equivalent $1,200. The governmentdisseminated tens of thousands of anti-trafficking booklets,pocket cards, posters, and DVDs to teachers and students,as well as methodological guides to government and shelterofficials; these materials were developed by internationalorganizations. The government continued to run traffickingawareness public service announcements, developed by NGOs,on major TV networks, and the MIA ATD placed anti-traffickingmessages in more than 50 newspapers. The governmentcontinued to fund an NGO-operated trafficking hotline thatserved to provide information to the public and assist potentialvictims of trafficking; seven of the 15,768 phone calls camefrom possible sex trafficking victims and all seven cases wereinvestigated.The government does not have an effective birth registrationprocess for home births, leaving some Azerbaijani citizenswithout legitimate identification documents, thus vulnerableto trafficking. During the year, the government reported thatit provided 16 undocumented children and 46 undocumentedadults with identification documents. The government didnot take actions to reduce the demand for commercial sexacts. The Government of Azerbaijan has a 2009-2013 actionplan to combat trafficking.THE BAHAMAS(Tier 2 Watch List)The Bahamas is a destination, source, and transit countryfor men, women, and children subjected to forced laborand sex trafficking. Undocumented migrants, particularlythe estimated 30,000 Haitians who largely arrive in TheBahamas voluntarily, are vulnerable to forced labor, especiallyin domestic servitude and in the agriculture sector. Expertsalso have raised concerns that some workers from Jamaicacould be vulnerable to involuntary servitude. Media outletshave reported that Chinese workers in a large-scale Chinese
  • 20. BAHRAIN79construction project in The Bahamas do not have freedom ofmovement – a human trafficking indicator. Groups especiallyvulnerable to sex trafficking in The Bahamas include foreigncitizens in prostitution and local children engaging in sex withmen for basics such as food, transportation, or material goods.The Government of The Bahamas does not comply fully withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitethese efforts – most notably the establishment of a high-level interagency committee and continued statements ofcommitment to address human trafficking – the governmenthas not identified or assisted any victims of trafficking orinitiated any forced labor or sex trafficking prosecutions;therefore, The Bahamas is placed on Tier 2 Watch List fora second consecutive year. In a positive development, inMarch 2012 the government announced the establishmentof a working level interagency task force to handle specificallegations of human trafficking and a protocol to guideofficials in handling trafficking cases. In addition, thegovernment held a trafficking awareness event in March 2012to express its commitment to addressing human trafficking.Recommendations for The Bahamas: Implement formalprocedures to guide police, immigration officials, child welfareofficers, health officials and labor inspectors on how to identifyvictims of forced labor and forced prostitution amongvulnerable groups, including migrant workers and people inprostitution, and refer them to available services; greatlyimprove efforts to investigate, prosecute, convict, and punishtrafficking offenders, including any government employeescomplicit in human trafficking; when conducting traffickinginvestigations, ensure suspected victims are taken to a safelocation, as victims of human trafficking often feel threatenedand are reluctant to identify themselves as victims during araid but are likely to reveal at least a portion of their truesituations when they are interviewed in a non-confrontational,supportive setting; identify potential victims of forced laborand forced prostitution; and fund NGOs designated to assistvictims.ProsecutionThe Government of The Bahamas demonstrated minimal anti-trafficking law enforcement efforts during the reporting period.All forms of human trafficking are prohibited through thecountry’s Trafficking in Persons Prevention and SuppressionAct of 2008, which prescribes penalties ranging from threeyears’ to life imprisonment; these penalties are sufficientlystringent and commensurate with penalties prescribed forother serious crimes, such as rape. The government reportedone new human trafficking investigation during the reportingperiod, compared with three investigations in the previousreporting period. There were no prosecutions or convictionsof trafficking offenders during the reporting period. Thegovernment did not report any investigations or prosecutionsof government officials for human trafficking complicity. Thegovernment provided venues and required representatives frommultiple agencies to attend training provided by foreign donors.ProtectionDuring the year, the Bahamian authorities identified notrafficking victims. Greatly hindering its ability to rescuevictims, the government did not employ systematic proceduresto assist law enforcement personnel, labor inspectors, childwelfare officers, and health workers to proactively identifyvictims of forced prostitution and forced labor. The governmentlaunched an official witness care program that providessupport programs and information to victims of crime in2011, but the program reportedly has not yet assisted anytrafficking victims. The government designated a domesticviolence NGO as a “focal point” for female human traffickingvictims and provided the NGO with the equivalent of $25,000to cover its primary mission as well as human traffickingservices. Reportedly, the government made available facilitiesto assist child victims. There were no services, however, foradult male trafficking victims. The Bahamian traffickinglaw allows for temporary relief from deportation for foreigntrafficking victims, although the government did not reportany victims given such immigration relief. The Bahamian lawalso specifies that trafficking victims should not be penalizedfor immigration or prostitution violations committed as aresult of being in a human trafficking situation.PreventionThe government demonstrated some trafficking preventionefforts during the reporting period. Bahamian authoritiesconducted a large trafficking awareness forum in March 2012that included government and non-government stakeholdersin which officials expressed public commitment to addresstrafficking. Also in March 2012, the government spoke outon the radio to raise awareness of human trafficking. Thegovernment provided funding for an NGO that operateda hotline for domestic violence with operators trained toassist victims of trafficking. The government established anational committee chaired by a senior official to reviewthe government’s anti-trafficking efforts to date and makerecommendations to the cabinet. This committee workedon a national action plan, the establishment of a taskforce – including law enforcement, social service, medicalprofessionals, NGOs and religious leaders – to handletrafficking allegations, and a protocol to guide officials inthe identification and appropriate handling of trafficking cases.The government did not undertake measures to reduce thedemand for commercial sex acts. Authorities did not considerchild sex tourism to be a problem in The Bahamas duringthe reporting period and reported no cases of it identified,investigated, or prosecuted.BAHRAIN (Tier 2 Watch List)Bahrain is a destination country for men and women subjectedto forced labor and sex trafficking. Men and women from India,Pakistan, Nepal, Sri Lanka, Bangladesh, Indonesia, Thailand,the Philippines, Ethiopia, and Eritrea migrate voluntarily toBahrain to work as domestic workers or as unskilled laborersin the construction and service industries. Some, however, faceconditions of forced labor after arriving in Bahrain, throughthe use of such practices as unlawful withholding of passports,
  • 21. 80BAHRAINrestrictions on movement, contract substitution, nonpaymentof wages, threats, and physical or sexual abuse. NGOs reportthat Bangladeshi unskilled workers are in particularly highdemand in Bahrain and are considered exploitable since theydo not typically protest difficult work conditions or low pay.Domestic workers are also considered to be highly vulnerableto forced labor and sexual exploitation because they are notprotected under the labor law. Government and NGO officialsreport that abuse and sexual assault of domestic workers aresignificant problems in Bahrain; however, strict confinementto the household and intimidation by employers preventthese workers from reporting abuse. A study by the Bahraingovernment’s Labor Market Regulatory Authority (LMRA)found that 65 percent of migrant workers had not seen theiremployment contract and that 89 percent were unaware of theirterms of employment upon arrival in Bahrain. Many laborrecruitment agencies in Bahrain and source countries requireworkers to pay high recruitment fees – a practice that makesworkers highly vulnerable to forced labor once in Bahrain. TheLMRA study found that 70 percent of foreign workers borrowedmoney or sold property in their home countries in order tosecure a job in Bahrain. Some Bahraini employers illegallycharge workers exorbitant fees to remain in Bahrain workingfor third-party employers (under the “free visa” arrangement).In previous years, the LMRA has estimated that approximately10 percent of migrant workers were in Bahrain under illegal“free visa” arrangements – a practice that can contribute todebt bondage – while the Bahrain Chamber of Commerce andIndustry puts the figure at 25 percent. Women from Thailand,the Philippines, Morocco, Jordan, Syria, Lebanon, Russia,Ukraine, China, Vietnam, and Eastern European states aresubjected to forced prostitution in Bahrain.The Government of Bahrain 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 show evidence of an overall increasein efforts to address human trafficking over the previous year,despite past commitments and pledges to proactively addressand respond to human trafficking in Bahrain. The governmentdid not reform the migrant worker sponsorship system, whichcontinues to give employers inordinate power over foreignworkers and contributes to forced labor and debt bondage.Indeed, rather than reforming this system, the governmentadopted a law that increases the minimum amount of time aworker must remain with an employer, thus expanding thelength of time a worker could be held under conditions offorced labor. There was no indication that the Government ofBahrain took steps to institute a formal victim identificationprocedure, so few victims were assisted by the government.Nevertheless, the government continued to investigate andprosecute a few trafficking offenses during the reporting period.In addition, the government offered two amnesties for out-of-status foreign workers to return to their home countries withno fines or penalties against them.Recommendations for Bahrain: Continue to enforcethe 2008 anti-trafficking law, and significantly increasethe investigation and prosecution of trafficking offenses –particularly those involving forced labor – and convictions andpunishment of trafficking offenders; reform the sponsorshipsystem to eliminate obstacles to migrant workers’ accessto legal recourse for complaints of forced labor; vigorouslyinvestigate all credible trafficking tips secured through the anti-trafficking hotline; institute and apply formal procedures toidentify victims of trafficking among vulnerable groups, suchas domestic workers who have fled from abusive employers andwomen in prostitution; refer identified victims to protectionservices; expand the government-run shelter to protect allvictims of trafficking, including victims of forced labor andmale victims of trafficking; ensure that the shelter does notinappropriately restrict victims’ movement and that shelterstaff are qualified and speak the languages of expatriateworkers; ensure that identified victims of trafficking are notpunished for unlawful acts committed as a direct result of beingtrafficked, such as illegal migration or prostitution; continueto publicly raise awareness of trafficking issues and the anti-trafficking hotline number in the media and other outletsfor foreign migrants, and specifically, domestic workers, andextend labor law protections to domestic workers to ensurethat they have the same protections under the law as otherexpatriate workers.ProsecutionThe Government of Bahrain made limited efforts to investigate,prosecute, and convict trafficking offenses during thereporting period, but made no efforts to conduct and fundanti-trafficking training for government and police officials.The 2008 Law to Combat Trafficking in Persons prohibits allforms of trafficking in persons and prescribes penalties rangingfrom three to 15 years’ imprisonment, which are sufficientlystringent and commensurate with those prescribed for otherserious crimes, such as rape. The Government of Bahraininvestigated 18 trafficking cases, five of which resulted inconvictions during the reporting period; however, given thegovernment’s conflation of people smuggling and humantrafficking, it is not known how many of these convictions, ifany, involved human trafficking offenses. The media reportedpossibly negligent deaths of foreign workers in labor campsdue to carbon monoxide poisoning and electrical fires; it isunclear whether the government investigated these deaths.The government also did not report efforts to investigategovernment complicity in trafficking offenses. The governmentdid not provide funding for or conduct anti-trafficking trainingfor its officials during the reporting period; however, officialsparticipated in two foreign government-sponsored anti-trafficking trainings. Bahraini government officials indicatethere is a general lack of awareness of trafficking crimes amongworking-level police.ProtectionThe Government of Bahrain made minimal progress inimproving protection for victims of trafficking over the lastyear, although the government continued to lack systematicprocedures to identify victims among vulnerable groups, suchas migrant domestic workers who have left their employersor women arrested for prostitution. As a result, potentialtrafficking victims may have been charged with employmentor immigration violations, detained, and deported withoutadequate protection. Most migrant workers who were able
  • 22. BANGLADESH81to flee their abusive employers were frequently charged as“runaways,” sentenced to two weeks’ detention, and deported.The government continued to fund a 120-bed NGO-run sheltercalled Dar al Aman, which is described as serving victims offamily violence, but there is no evidence to suggest that thisshelter served trafficking victims. NGOs reported knowledgeof 128 victims of trafficking during the 2011 calendar year,some of which were referred by the government. The majorityof victims continued to seek shelter at their embassies orat the shelter operated by an NGO. Many police officersremained unfamiliar with procedures for referring victimsof labor abuse and human trafficking to these shelters. Inprevious years, an international NGO reported that the shelterrestricted residents’ freedom of movement, was not staffed withqualified personnel, and did not provide long-term shelter orhousing benefits to victims; it was not known whether thiswas the case during 2011. There remained no shelters or otherprotection services provided by the government for maletrafficking victims. Human Rights Watch documented sevencases of foreign residents prohibited from leaving Bahraindue to debts or contractual obligations with their employers;moreover, these workers were barred from working to pay offtheir creditors or even pay for basic needs such as housingand health care. However, to attempt to remedy this situation,the LMRA organized two major amnesties for out-of-statusmigrant workers to be repatriated to their home countrieswith no fines or charges against them. The Government ofBahrain encouraged victims to participate in the investigationand prosecution of traffickers; however, workers typically didnot file court cases against employers due to fear or ignoranceof the law, distrust of the legal system, inability to affordlegal representation, lack of interpretation and translationprovided by courts, fear of losing residency permits duringlegal proceedings, and to avoid additional maltreatment at thehands of the employer. The government did not provide foreignvictims with legal alternatives for their removal to countrieswhere they faced retribution or hardship. The Ministry ofInterior continued to operate a toll-free hotline for traffickingvictims, but officials noted a significant drop in the numberof calls the hotline received in 2011. The LMRA also operatesan abuse hotline during working hours and coordinates withNGOs who staff 24-hour information lines to provide legaladvice to workers.PreventionThe government made some efforts to prevent trafficking inpersons during the reporting period. In 2011, the governmentinstituted an interagency committee to monitor and identifyhuman trafficking issues. The LMRA disseminates trafficking-related information to vulnerable workers through mediaoutlets, including through local and satellite televisionchannels; it also conducts radio shows in Hindi and English toeducate workers on their rights and how they can resolve issues.While Bahrain’s Ministry of Labor has pledged for several yearsto end the sponsorship (kafala) system – which contributesgreatly to forced labor and debt bondage – it has not abolishedthis structure to meaningfully prevent trafficking in persons.Earlier reforms of the sponsorship system to regulate laborrecruitment and expand worker mobility continue to excludeBahrain’s approximately 70,000 domestic workers, the groupthat is most vulnerable to trafficking. In addition, the 2010labor law does not afford basic protections to domestic workers.Moreover, the law against withholding workers’ passports – acommon practice that restricts the mobility of migrant workersand contributes to forced labor – was not enforced effectively.In June 2011, the government issued Law 15, which mandatesa foreign worker must complete a minimum of one year ofwork with an employer before transferring to a differentemployer. This law lengthens the minimum amount of timea worker must remain with an employer, which also expandsthe length of time a worker could be held under conditionsof forced labor. The government reported no efforts to reducethe demand for commercial sex.BANGLADESH (Tier 2)Bangladesh is a source country for men, women, and childrensubjected to forced labor and sex trafficking. Bangladeshi menand women migrate willingly to Saudi Arabia, Bahrain, Kuwait,the United Arab Emirates (UAE), Qatar, the Maldives, Iraq, Iran,Lebanon, Malaysia, Singapore, Europe, and other countriesfor work, often legally via some of the more than 1,000recruiting agencies belonging to the Bangladesh Associationof International Recruiting Agencies (BAIRA). These agenciesare permitted legally to charge workers recruitment fees thatare the equivalent of a year’s salary, but these recruitingagencies often charge additional amounts in contravention ofgovernment regulations. These exorbitant fees place migrantworkers in a condition of debt bondage, in which they arecompelled to work out of fear of otherwise incurring seriousfinancial harm. Many Bangladeshi migrant laborers arevictims of recruitment fraud, including additional and illegalexorbitant recruitment fees often accompanied by fraudulentrepresentation of terms of employment. These victims mayalso experience restrictions on their movements, nonpaymentof wages, threats, and physical or sexual abuse. There arereports of an increased number of Bangladeshis transitingthrough Nepal to obtain Nepalese visas and work permits foremployment in the Gulf; some are trafficking victims.Bangladeshi children and adults are trafficked internallyfor commercial sexual exploitation, domestic servitude,and forced and bonded labor, including forced begging.In some instances, children are sold into bondage by theirparents, while others are induced into labor or commercialsexual exploitation through fraud and physical coercion.Girls and boys as young as eight years old are subjected toforced prostitution within the country, living in slave-likeconditions in secluded environments. Trafficking withinthe country often occurs from poorer, more rural regions, tocities. Internationally, women and children from Bangladeshare trafficked to India and Pakistan for commercial sexualexploitation or forced labor. Some Rohingya refugees fromBurma have been subjected to human trafficking. Many brothelowners and pimps coerce Bangladeshi girls to take steroids tomake them more attractive to clients, with devastating sideeffects; the drug is reported to be used by 90 percent of girlsand women between the ages of 15 and 35 in Bangladeshibrothels. In 2012, nine South African labor trafficking victimswere found in Bangladesh.Bangladesh does not fully comply with the minimumstandards for the elimination of trafficking; however, it ismaking significant efforts to do so. In December 2011, thegovernment enacted a comprehensive anti-trafficking lawwhich addressed legislative gaps such as the absence of aprohibition on the trafficking of men. The government alsoapproved a new anti-trafficking action plan which incorporatednecessary steps to implement the new law. Although the
  • 23. 82BANGLADESHlaw does not include a specific prohibition on fraudulentrecruitment, it cites the concept of fraud as a possible elementof human trafficking. The number of prosecutions increased,but the number of convictions declined as compared to theprevious year. The government did not take sufficient steps toprotect trafficking victims. Official complicity in traffickingremained a problem.Recommendations for Bangladesh: Draft and disseminatethe implementing rules for the Human Trafficking Deterrenceand Suppression Act; increase efforts to prosecute traffickingcases and convict trafficking offenders; use the new traffickinglaw to prosecute fraudulent labor recruiters; become a partyto the 2000 UN TIP Protocol; take steps to address theallegations concerning the complicity of public officials intrafficking, particularly through criminal prosecution andpunishment of those involved in or abetting human trafficking;improve oversight of Bangladesh’s international recruitingagencies to ensure they are not promoting practices thatcontribute to labor trafficking; reduce exorbitant legalrecruitment fees, per the Vigilance Task Force’s mandate;expand the roles and responsibilities of existing labor attachesin destination countries to include anti-trafficking monitoring,reporting, and engagement with destination countries; providesupport services for adult male trafficking victims and victimsof forced labor; and work with civil society to improve anti-trafficking messaging in awareness campaigns.ProsecutionThe Government of Bangladesh made clear anti-traffickinglaw enforcement progress over the reporting period by passinga comprehensive counter-trafficking law and increasing thenumber of investigations and prosecutions, although thenumber of convictions declined compared to the previousyear. In December 2011, the president put the law into effectas an ordinance, and in February 2012 the parliament passedthe ordinance as law: the Human Trafficking Deterrence andSuppression Act. This Act generally prohibits and punishes allforms of human trafficking, though it does not flatly prohibitthe fraudulent recruitment of labor migrants; rather, the Actrequires the recruiter to have known that the recruited workerswould be subject to forced labor. Prescribed penalties for labortrafficking offenses are five to 12 years’ imprisonment anda fine of not less than approximately the equivalent of $600,and prescribed penalties for sex trafficking offenses rangefrom five years’ imprisonment to the death sentence. Thesepenalties are sufficiently stringent, and commensurate withthose prescribed for other serious crimes, such as rape. Thenew law supersedes sections of the Repression of Women andChildren Act of 2000 (amended in 2003), which had prohibitedthe trafficking of women and children for the purpose ofcommercial sexual exploitation or involuntary servitude.During the reporting period, the government reported theconvictions of 14 trafficking offenders and the sentencingof eight of them to life imprisonment under Sections 5(prohibiting “women trafficking”) and Section 6(1) (prohibiting“girl trafficking”) of the Repression of Women and ChildrenAct; six were sentenced to lesser prison terms. This is a decreasefrom the 42 convictions obtained in 2010, with 24 offenderssentenced to life imprisonment. The government prosecuted129 cases involving suspected trafficking offenders andconducted 143 investigations, compared with 80 prosecutionsand 101 investigations during the previous year. Twenty-nineprosecutions resulted in acquittals.The alleged human trafficking complicity of some Bangladeshigovernment officials remained a serious problem and thegovernment made no discernible efforts to address it. SeveralNGOs reported a nexus among members of parliament, corruptrecruiting agencies, and village level brokers,and also reportedthat politicians and regional gangs were involved in humantrafficking. NGOs and the media reported that registeredrecruitment agencies in Dhaka have links with employers –some of which have subjected migrant workers to trafficking– and brokers in destination countries and help facilitatefraudulent recruitment. The Government of Bangladesh didnot investigate or prosecute government officials suspected oftrafficking-related complicity. Government officials continuedto receive training from civil society groups and foreigngovernments.ProtectionThe Government of Bangladesh made limited efforts to protectvictims of trafficking over the last year. The governmentdid not have a systematic procedure to identify traffickingvictims among vulnerable populations, and to refer victims oftrafficking to protective services. The government reported thatimmigration police, working with the Ministry of ExpatriateWelfare’s Vigilance Taskforce, identified trafficking victims atinternational airports by checking passports and questioningpotential trafficking victims; it is not known how many victimswere identified through this process. The government identified181 victims in the reporting period. While the governmentdid not provide or fund shelter or other services specificallydedicated to trafficking victims, it continued to run ninehomes for women and children who were victims of violence,which could be accessed by trafficking victims; the governmentalso ran a “one-stop crisis center” for women and childrenin the Dhaka general hospital – also accessible to traffickingvictims. The government continued to run one shelter inthe Bangladeshi Embassy in Riyadh for female Bangladeshidomestic workers fleeing abusive employers. The governmentdid not compile statistics on the number of trafficking victims,if any, assisted through these establishments. An NGO notedthat adult female victims could leave the shelters in Bangladeshat will. The government did not provide protective servicesto male victims of trafficking. Law enforcement personneloccasionally encouraged victims of trafficking, when identified,to participate in investigations and prosecutions of theirtraffickers by providing transportation to courts, but therewas no information on the number of victims who did so.Some trafficking victims were detained, fined, or jailed forunlawful acts committed as a direct result of their beingtrafficked. Victims were often detained when they returnedto Bangladesh after migrating irregularly to another country.Government officials detained women in prostitution withoutdetermining whether they were trafficking victims. Femaletrafficking victims were placed in divisional custody facilitiesat government-run prisons when no space was available inshelter homes. Unregistered Rohingya refugees who were
  • 24. BARBADOS83trafficking victims were detained indefinitely for their lack ofdocumentation. The government did not provide temporary orpermanent residency status for Rohingya victims of trafficking– the only foreign victims of human trafficking identified inBangladesh.When Bangladeshi migrant workers lodged complaints oflabor and recruitment violations, they most often resortedto arbitration by BAIRA, which did not provide sufficientfinancial compensation and rarely addressed the illegalactivities of some BAIRA-affiliated recruitment agents. NGOsand news reports alleged instances of officials working at someBangladeshi embassies abroad were mostly unresponsive tocomplaints; attempts to seek restitution abroad were rare.PreventionThe Bangladeshi government made efforts to prevent traffickingover the reporting period. In January 2012, the Ministry ofHome Affairs promulgated a new National Plan of Actionfor Combating Human Trafficking for 2012-2014, whichincludes plans to implement the new law. The Ministries ofSocial Welfare, Women and Children Affairs, and Primaryand Mass Education, continued to raise awareness on thetrafficking of women and children. The Ministry of ExpatriateWelfare’s Vigilance Task Force continued its work to improvethe oversight of Bangladesh’s labor recruiting process aheadof a future merge with a Monitoring Wing. This wing lacksthe funding or professional capacity to address fraudulentrecruitment. The government continued to allow BAIRA to setfees, license individual agencies, certify workers for overseaslabor, and handle most complaints of expatriate laborers,while exercising inadequate oversight over this consortiumof labor recruiters to ensure their practices did not facilitatedebt bondage of Bangladeshi workers abroad. The HomeSecretary continued to chair the interministerial NationalAnti-Trafficking Committee meetings, which met regularly.The government did not implement any campaigns in thereporting period to establish the identity of undocumentedand vulnerable local populations, such as street children orrural women. Training, including awareness about humantrafficking, was provided to Bangladeshi soldiers prior to theirdeployment abroad on international peacekeeping missions.During the year, the government did not demonstrate measuresto reduce the demand for commercial sex acts. Bangladesh isnot a party to the 2000 UN TIP Protocol.BARBADOS (Tier 2 Watch List)Barbados is a source and destination country for men, women,and children subjected to sex trafficking and forced labor. Theprofile of human trafficking in Barbados is similar to thoseof other countries in the region. Evidence suggests there areforeign women forced into prostitution in Barbados. Legal andillegal immigrants from Jamaica, the Dominican Republic,and Guyana appear to be the most vulnerable to trafficking.The prostitution of children is known to exist in Barbados; ahigh-risk group is Barbadian and immigrant children engagingin transactional sex with older men for material goods. Inthe past, foreigners reportedly have been subjected to forcedlabor in Barbados, with the highest risk sectors being domesticservice, agriculture, and construction.The Government of Barbados does not fully comply with theminimum standards for the elimination of trafficking. Thegovernment has not shown evidence of increasing efforts toaddress human trafficking over the previous year; therefore,Barbados is placed on Tier 2 Watch List for a third consecutiveyear. Barbados was granted a waiver of an otherwise requireddowngrade to Tier 3 because its government has developed awritten plan that, if implemented, would constitute significantefforts to meet the minimum standards for the elimination oftrafficking and is devoting sufficient resources to implementthat plan. In March 2012, the Barbadian government issued anational action plan on human trafficking, containing specificdeadlines and implementing agencies, addressing prosecution,protection, and prevention measures, and demonstrating itscommitment to addressing human trafficking in a substantiveway.Recommendations for Barbados: Amend the 2011legislation to prohibit all forms of human trafficking andprescribe penalties that are commensurate with thoseprescribed for other serious crimes; implement proceduresfor law enforcement officers to identify proactively traffickingvictims among vulnerable populations, such as people inprostitution and migrant workers; when conducting traffickinginvestigations, ensure suspected victims are taken to a safelocation, as victims of human trafficking often feel threatenedand are reluctant to identify themselves as victims during araid; enact protections for victims of trafficking, includingprovisions that provide foreign victims with relief fromimmediate deportation and ensure victims are not punishedfor crimes committed as a direct result of being trafficked;increase funding to the NGO shelter and crisis center to ensureadequate assistance is available to human trafficking victims;and continue to develop awareness programs on all forms ofhuman trafficking – including domestic servitude, other formsof forced labor, and commercial sexual exploitation of children– in partnership with NGOs through the use of radio or othermedia.ProsecutionThe Government of Barbados made little discernible progressin its law enforcement response to human trafficking duringthe reporting period. Barbadian law does not prohibit all formsof human trafficking. The Transnational Crime Bill (Part III),enacted in February 2011, prohibits some forms of trafficking,though it is inconsistent with international standards because itrequires migration as a necessary element of human traffickingoffenses. Moreover, it appears not to prohibit the forced laboror forced prostitution of Barbadian citizens and residents,but rather prohibits only the prosecution of persons whoenter, exit, or are received into Barbados. This 2011 lawprescribes maximum penalties of 15 years’ imprisonment,which are sufficiently stringent, but are not commensuratewith penalties for other serious crimes, such as rape, and arelower than the penalties prescribed for the separate crime ofhuman smuggling. The government did not report data onany investigations, prosecutions, convictions, or sentences oftrafficking offenders under the 2011 Transnational Crime Bill
  • 25. 84BELARUSor any other statute. It also did not report any actions takenagainst government employees complicit in human traffickingduring the year. Barbados did not provide specialized trainingfor government officials on how to recognize, investigate,and prosecute instances of trafficking, although the GenderAffairs Bureau conducted a presentation on human traffickingto Barbadian foreign service officers in July 2011.ProtectionThe government did not demonstrate progress in protectingvictims during the reporting period. Greatly hindering itsability to rescue victims, the government did not develop oremploy systematic procedures to guide officials in proactivelyidentifying victims of sex trafficking and forced labor andreferring them to available services. The government did notreport identifying any victims during the year or referring anypotential victims to protection services, despite conductingraids on prostitution establishments. Officials drafted aformal protocol that outlines protections for traffickingvictims, which the cabinet approved in February 2012.The government provided funding for an NGO shelter andcrisis center providing security and services primarily fordomestic violence victims, but also for women and childrenwho had been trafficked. Despite significant financial strain,this organization provided very high quality services, hadstaff trained to handle trafficking cases, and had assistedtrafficking victims in the past. There were no services availablefor possible male victims. The government did not have inplace any specific policies to encourage victims’ assistancein the investigation and prosecution of trafficking. It alsodid not offer foreign trafficking victims legal alternatives totheir removal to countries where they would face hardship orretribution. The government did not have formal provisions inplace to ensure identified victims would not be inappropriatelypenalized for unlawful offenses committed solely as a directresult of being in a human trafficking situation.PreventionThe government made some efforts to prevent humantrafficking in Barbados. In March 2012, the governmentestablished a high level interministerial group that includedNGOs to coordinate the government’s anti-trafficking efforts.The Gender Affairs Bureau director raised public awarenessof trafficking indicators in two five-minute radio programsthat the government information service aired multipletimes throughout the year. The Bureau of Gender Affairs alsopresented a seminar on human trafficking to the members of alocal government during the reporting period. The governmentfunded the operation of a hotline staffed by professionalsfrom the women’s crisis center trained to identify humantrafficking. The government did not report any efforts toreduce the demand for commercial sex acts. The governmenthas not identified a problem with child sex tourism. Barbadosis not a party to the 2000 UN TIP Protocol.BELARUS (Tier 2 Watch List)Belarus is a source and transit country for women, men,and children subjected to sex trafficking and forced labor.Belarusian women and children are subjected to sex traffickingin Russia, Germany, Poland, Cyprus, Italy, Egypt, the CzechRepublic, Lithuania, Spain, Greece, Belgium, Turkey, Israel,Lebanon, the United Arab Emirates, and within Belarus.Reports continued of women from low-income familiesin Belarus being subjected to forced prostitution in Minsk.Belarusian men, women, and children are found in forcedlabor, including forced begging in foreign countries, such asSweden, as well as in forced labor in the construction industryand other sectors in Russia and Belarus. Belarusian single,unemployed females between the ages of 16 and 30 andwithout higher education are at the greatest risk of becomingvictims of human trafficking. Belarusian children aged 16 and17 are found in sex trafficking within Belarus and in Russia.Belarusian men seeking work abroad are increasingly subjectedto forced labor. Traffickers often used informal social networksto approach potential victims.The Government of Belarus does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitethese efforts, the government did not demonstrate evidence ofincreasing anti-trafficking efforts over the previous reportingperiod; therefore, Belarus is placed on Tier 2 Watch List fora second consecutive year. During the reporting period, thegovernment’s emphasis on anti-trafficking efforts shifted fromprosecution and protection efforts to prevention. Over thesame period, there was a continued steep decline in victimidentification, trafficking investigations, prosecutions andconvictions. The decline in victim identification, vigorousinvestigation, and prosecution of trafficking cases lefttrafficking victims unprotected. Although over 100 Belarusianvictims were reported repatriated after being trafficking abroad,the Belarusian government did not report investigationscommensurate with the extent of those victims identified, nordid it report government-funded services provided to morethan three victims. The government did improve its preventionactivities, making efforts to oppose child sex tourism and toraise public awareness; however, many of these campaignsblurred trafficking and illegal migration.Recommendations for Belarus:Improve victim identification,including of teenagers in prostitution inside Belarus andforced labor victims ; certify individuals as trafficking victimsin cases in which a criminal case has not been opened inorder to ensure that victims receive appropriate victimassistance; increase investigation, prosecution, and convictionof trafficking cases; increase use of Article 181 of the criminalcode to prosecute trafficking cases, even in cases also chargedunder other statutes; increase resources devoted to victimassistance and protection within Belarus; ensure all victims,including children, are provided with appropriate assistanceand protection; establish a program to ensure that repatriatedvictims are given care; cultivate a climate of cooperation withNGO partners providing critical victim protection services;distinguish prevention activities focused on curbing forcedlabor and forced prostitution from those focused on illegalmigration, and increase the former; adopt and implementvictim protection action plans; implement the new counter-trafficking law.
  • 26. BELARUS85ProsecutionThe Government of Belarus demonstrated decreased lawenforcement efforts during the reporting period. Belarusianlaw prohibits both sex and labor trafficking through Article181 of its criminal code, which prescribes penalties rangingfrom five to 15 years’ imprisonment in addition to assetforfeiture. These penalties are sufficiently stringent andare commensurate with penalties prescribed for otherserious crimes. The Government of Belarus reported ninesex trafficking investigations in 2011, a 77 percent decreasecompared with 39 human trafficking investigations reportedin 2010. Belarusian authorities prosecuted 14 traffickingcases in 2011, but did not disaggregate the prosecutionsbetween sex and labor trafficking. Belarusian authoritiesconvicted seven trafficking offenders under Article 181 in2011, in contrast to 12 trafficking offenders convicted in2010. Six offenders were given sentences of imprisonment;one was given “restriction of freedom.” The government didnot provide data on specific sentences imposed on any of theconvicted offenders; other sources reported that imposedsentences ranged from four to 11 years in prison. Accordingto international experts, the government’s efforts againsttrafficking focused more on sex trafficking than on labortrafficking. There were no reports of government officials’complicity in trafficking in persons during the reportingperiod; however, a trafficking-related complicity investigationinitiated in 2010 remained pending in 2011. The governmentdid not otherwise report the investigation, conviction, orsentencing of any official for complicity in trafficking inpersons. The government reported that, with the collaborationof NGOs and international organizations, its internationalanti-trafficking training center trained over 200 Belarusianofficials from the Ministry of Interior and officials fromthe prosecutor’s office and the state border committee. Thetraining center also conducted anti-trafficking trainings forBelarusian and foreign government law enforcement officials.Law enforcement authorities reported jointly investigatingseveral trafficking cases with counterparts from the UnitedKingdom, Turkey, Poland, and Italy.ProtectionThe government demonstrated decreased efforts to protecttrafficking victims during the reporting period, identifying andproviding care to fewer victims of trafficking. The government’svictim identification efforts continued to decrease significantly.In 2011, the Belarusian government identified 14 victims oftrafficking under article 181, compared with 64 victims oftrafficking in 2010, and 147 victims in 2009. The continualdecline corresponded with the decrease in traffickinginvestigations and demonstrated a reduced capacity to ensurethat human trafficking offenses were recognized and victimswere appropriately referred to care. Experts observed that thenumber of trafficking victims identified by the governmentwas not commensurate with the number of Belarusian victimsidentified by NGOs and other sources outside of the country,particularly with regard to the increase in labor migrationto Russia. The government does not have trafficking-specificfacilities available to care for victims, but its anti-traffickinglaw indicates that the following assistance would be availableto trafficking victims: temporary shelter, legal aid, medicalcare, psychological assistance, employment assistance, andfinancial support. The Government of Belarus operated 41 non-trafficking-specific “crisis rooms,” for emergency assistanceof victims. Corresponding with the government’s decline inproactive victim identification, however, the government’sefforts to care for trafficking victims were modest. One femaletrafficking victim received seven days of shelter in a “crisis room”in 2011. The Belarusian government reported that an oblast-level health facility offered medical care and psychologicalassistance to two victims of trafficking in 2011. In 2011, asin 2010, most trafficking victims declined assistance fromgovernment sources. Experts observe that actual provision ofservices to victims is limited. The government reported thatNGOs assisted 142 victims of trafficking during the reportingperiod, in contrast to 159 in 2011. The government did notprovide financial assistance to these NGOs that provided care,although it did give limited in-kind assistance to some anti-trafficking programs. Although the government reported thatit had the regulatory structure necessary for foreign victimsto receive temporary residence permits, it did not grant anysuch permits in 2011, stating that it had not identified anyforeign trafficking victims. The government reported that ithad measures available to encourage victims to participate inthe prosecution of the trafficking offenders, including witnessprotection methods such as closed hearings; the governmentdid not report applying these measures in any traffickingcases. The government did note that all trafficking victimscooperated with investigations and prosecutions in 2011. AnNGO reported that at least 13 trafficking victims participatedin the prosecutions of the trafficking offenders. There wereno reports of identified victims penalized for unlawful actscommitted as a direct result of being trafficked.PreventionThe Government of Belarus emphasized anti-traffickingprevention activities over protection and prosecution activitiesduring the reporting period. The government reported that itbroadcast over 200 television advertisements, over 300 radiospots, and over 900 print advertisements against trafficking.The Ministry of Education conducted a survey of high schoolstudents to study the extent of their awareness of traffickingin persons and addressed trafficking issues and illegalmigration in publications to students. It was difficult to discernwhether many of the Belarusian government public awarenesscampaigns emphasized illegal migration or human trafficking.The Government of Belarus provided a “911 style” numberfor two NGO-operated anti-trafficking hotlines in differentregions. The government reported that, in 2011, it conductedresearch to discern the best policy responses to address thedemand for sexual services. The Belarusian government madeefforts to oppose sex tourism in the reporting period. Afterliaising with Interpol and a foreign government to gather lawenforcement information, the government denied a visa toan individual with a history of sex tourism. The governmentreported that it had adopted an interagency plan of actionson granting assistance to victims of trafficking for 2011-2012. The government enhanced transparency by analyzinganti-trafficking data and publishing information about itsanti-trafficking efforts on the Ministry of Interior website. InJanuary 2012, the Belarusian government adopted a new lawto address human trafficking which reorganized governmentresponsibilities on trafficking, addressed the provision ofvictim services, and established a national rapporteur ontrafficking in persons; the law will come into effect in summer2012.
  • 27. 86BELGIUMBELGIUM (Tier 1)Belgium is a source, destination, and transit country formen, women, and children subjected to forced labor and sextrafficking. Victims originate in Eastern Europe, Africa, EastAsia, as well as Brazil and India. Prominent source countriesfor victims exploited in Belgium include Bulgaria, Romania,Albania, Nigeria, China, and Turkey. Male victims are subjectedto forced labor in restaurants, bars, sweatshops, horticulturesites, fruit farms, construction sites, cleaning businesses, andretail shops. The main source countries for labor traffickinginclude China, India, Brazil, and Bulgaria. Belgian underagegirls are recruited by local pimps and then subjected to sextrafficking within the country, and foreign children, includingethnic Roma, are subjected to sex trafficking. Forced beggingwithin the Roma community in Belgium also occurs. Foreignworkers continued to be subjected to forced domestic service,some involving members of the international diplomaticcommunity assigned to Belgium.The Government of Belgium fully complies with the minimumstandards for the elimination of trafficking. The governmentcontinued to pursue a multi-disciplinary, case-based approachto trafficking during the reporting period. The governmentaggressively investigated alleged forced labor involving thediplomatic community, despite immunity challenges posedby these specific offenders. The government continued to issueresidency permits for trafficking victims and provide them withcomprehensive care. Despite reports of a significant numberof children in prostitution in the country, the governmentfailed to identify many child trafficking victims.Recommendations for Belgium: Demonstrate vigorousprosecution of forced labor and forced prostitution offenders;pursue criminal sentences of imprisonment for convictedtrafficking offenders; continue efforts to engage more front-line responders in victim identification to increase detectionof trafficking victims in Belgium; continue to examine waysto balance human rights of trafficking victims and their needfor assistance with law enforcement priorities; tighten thestatutory regime to more clearly track with internationaldefinitions of trafficking, with coercion as a core component;and ensure more intensive outreach to unaccompanied minorswho are potential victims of trafficking in Belgium.ProsecutionThe government continued to investigate and vigorouslyprosecute trafficking offenders during the reporting period.Belgium prohibits all forms of trafficking through a 2005amendment to its 1995 Act Containing Measures to RepressTrafficking in Persons. As amended, the law’s maximumprescribed penalty for all forms of trafficking – 30 years’imprisonment – is sufficiently stringent and commensuratewith penalties prescribed for other serious crimes, such as rape.The government’s 2010 de facto rapporteur’s report noted thatsome anti-trafficking reformers in Belgium acknowledge thatthe current definition of trafficking under Belgium law “leadsto ideological dilution of the concept of trafficking in humanbeings,” and requested that the law “take greater accountof the coercion component” involved in human traffickingcrimes. The failure of an employer to meet prevailing wage,hours, and working conditions can constitute “exploitation”under Belgium’s anti-trafficking law; these cases are includedas trafficking offenses in the government’s prosecution data.The government reported it prosecuted 358 suspected humantrafficking offenders in 2011; it prosecuted 170 offenders forsex trafficking offenses, 165 for labor trafficking or economicexploitation offenses, 14 for coerced criminality, and eightsuspects in cases of forced begging. The government providedpreliminary conviction and sentencing data for 2010, themost recent year for which data was available and for whichapproximately 80 percent of the data for 2010 had beenanalyzed. The 2010 data was the first time the governmentreported trafficking convictions as separate from smugglingcases. The preliminary 2010 data demonstrate that thegovernment secured convictions for at least 64 traffickingoffenders in 2010, involving 107 instances of aggravatedcircumstances. The most common aggravating circumstance(34 instances) was the abuse of a particularly vulnerablesituation, followed by the repetitiveness of the trafficking (20cases) and the use of fraudulent maneuvers in the conduct oftrafficking (19 cases). In 16 cases, the aggravating circumstancewas that the victim was a child. In 2009, aggregate traffickingand smuggling convictions totaled 132. There were no casesinvolving government officers or civil servants in 2010.The 60 prison sentences for convicted traffickers in 2010ranged from less than one year to five years’ imprisonment;nine were sentenced to less than one year, 30 were sentencedto between one and three years, 18 were sentenced to threeto five years and three were sentenced to five years or more.Thirty-two of the 60 sentenced traffickers received suspendedsentences; in most cases these were partially, not entirelysuspended sentences. During the reporting period, Belgiumfiled a request for extradition for two trafficking offenders. Bothwere represented by their legal advisors and were sentenced toseven and five years of prison and fines. However, the countryin question had not ratified the UN Treaty on Organized Crimeand the 2000 UN TIP Protocol and the bilateral extraditiontreaty did not include trafficking, so the extradition was denied.In September 2011, a labor court in Liege convicted fourmembers of a Romanian family for the enslavement of aRomanian child in domestic service. The offenders weresentenced to three to five and a half years’ imprisonment; thecourt suspended half of all four sentences. In June 2011, thegovernment initiated a criminal investigation into a SierraLeonean diplomat posted in Belgium for subjecting his threedomestic workers to forced labor and torture while postedin the country; the government suspended the recruitmentof new staff members at the Sierra Leonean mission. Eventhough a trafficking perpetrator enjoying diplomatic immunitycould not be subject to criminal prosecution, the governmentreported that launching a criminal investigation serves severalpurposes; first, it will render the victims eligible for governmentprotection; second, the victims can still file a civil courtclaim for compensation for damages; finally, the ProtocolDepartment of the Ministry of Foreign Affairs can use theinvestigation as a basis for action to prevent future cases.The government reported that it prosecuted some traffickingoffenders who subjected women to forced prostitution in the
  • 28. BELIZE87legalized commercial sex industry in the country. During theyear, the government continued to train police officers on howto identify labor trafficking. The government did not reportany investigations, prosecutions, convictions, or sentencesof any Belgian government employees for trafficking-relatedcomplicity in 2011.ProtectionThe government sustained its efforts to protect victims oftrafficking in 2011. During the year, the government issuedor renewed 614 residence permits to trafficking victims; someof these permits issued were for an indefinite length of time.According to a 2011 government report, 2010 marked anincrease in the number of trafficking victims who obtainedvictim status in Belgium. The government continued to fullyfund three NGOs that provided shelter and comprehensiveassistance to trafficking victims. These shelters assisted 150 newvictims in 2011. The majority were victims of labor traffickingor economic exploitation, the second largest group were victimsof sex trafficking or sexual exploitation. Child victims are notallowed in these adult centers and are redirected to centersdedicated to children – not only victims of trafficking, butall unaccompanied minors. The government used systematicprocedures to proactively identify and refer victims for carebased on a 2008 interagency directive on coordination andassistance to trafficking victims; the government conductedan evaluation of the effectiveness of this directive in 2011.Key stakeholders from the Ministry of Justice, the police,social institutions, shelters, the Foreigners Office and Officeof Social Inspection participated in the evaluation, whichnoted good cooperation between actors, but added that itcould be improved. The evaluation’s main recommendationwas to expand awareness of the directive through trainingand information sessions. The evaluation praised the focuson the trafficking of diplomats’ domestic personnel, butrecommended that the procedures be accelerated becausediplomats are often gone by the time an investigation starts.The evaluation noted the use of a victim translation assistancequestionnaire from UNODC and a pilot project in Liege tosensitize the medical sector about trafficking and encouragereferral of potential trafficking victims as best practicesin victim identification. During the year, the governmentidentified and provided assistance to at least three SierraLeonean victims subjected to forced labor by diplomaticstaff. According to the government, front-line respondersother than police, including social workers and hospital staff,increasingly referred victims to specialized NGO traffickingshelters during the reporting period. In order to qualify forvictim status, victims must fulfill three conditions: they musthave broken off all contact with their traffickers; they mustagree to counseling at a specialized trafficking shelter; and theymust agree to cooperate with authorities in the investigationand prosecution of their traffickers. A 2009 ECPAT report notedthat these conditions for victim assistance are too high forchild victims to meet. Children who were victims of traffickingreportedly were granted three months in which to decidewhether to testify against their traffickers. According to thegovernment, if children do not qualify for victim status, theymay still qualify for protection under the government’s rules forunaccompanied minors. According to the government, victimsare granted immunity from fines, detention, or deportationonly if they assist in the prosecution of their trafficker. Thegovernment acknowledged that the level of protectionafforded to victims was dependent on the legal status of thevictim’s right to be in Belgium. Victims’ whose cases do notresult in a conviction or who do not pursue criminal chargesagainst their traffickers remained vulnerable to deportationor criminalization. Victim-witnesses were granted access to theBelgian labor market during legal proceedings. Victims mayobtain permanent residency in Belgium after the sentencingof their traffickers, and victims may be eligible for residencepermits for indefinite lengths of time without the convictionof their traffickers, provided that authorities first establisha formal charge of trafficking. However, in some cases, if atrafficking offender is not convicted, a victim may have toreturn to his or her country of origin.PreventionThe Government of Belgium continued its efforts to preventtrafficking in 2011. The government’s de facto rapporteur’soffice continued to publish an annual self-critical report onthe government’s anti-trafficking activities. The governmentcontinued to co-sponsor the nationwide campaign, “StopChild Prostitution” in 2011 and continued to distribute amultilingual flyer on visas for potential trafficking victims fromcommon source countries of trafficking victims in Belgium.The government continued its proactive outreach to domesticemployees to inform them of their rights and provide themwith avenues to report abuse. Among other measures, thegovernment required domestic workers to appear in persononce a year to renew their identification cards. Furthermore,the government has expelled foreign diplomats found to beengaged in trafficking or exploitation and, despite pressurefrom foreign diplomatic interlocutors, remained committedto this course of action. The government’s inter-departmentalcoordination unit on trafficking, chaired by the Justice Minister,met twice during the year; this coordination unit createdan awareness leaflet to assist hospital staff in identifyingtrafficking victims during the reporting period. During thereporting period, Belgian authorities developed a campaigntailored to identify and assist Brazilian nationals vulnerableto labor trafficking in the country. Belgian authoritiesidentified child sex tourism as a serious problem amongBelgian nationals, but reported no prosecutions of suchactivity. The government provided specific anti-traffickingtraining to Belgian troops prior to their deployment abroadon international peacekeeping missions.BELIZE (Tier 2)Belize is a source, destination, and transit country for men,women, and children subjected to sex trafficking and forcedlabor. A common form of human trafficking in Belize is thecoerced prostitution of children, often occurring through poorparents pushing their children to provide sexual favors to oldermen in exchange for school fees, money, and gifts. Child sextourism, involving primarily U.S. citizens, has been identifiedas an emerging trend in Belize. Additionally, sex traffickingand forced labor of Belizean and foreign women and girls –primarily from Central America – occurs in bars, nightclubs,and brothels throughout the country. Foreign men, women,and children, particularly from Central America and Asiancountries, migrate voluntarily to Belize in search of work; somemay fall victim to forced labor. Children and adults workingin the agricultural and fishing sectors in Belize are vulnerableto forced labor. Forced labor has been identified in the servicesector among the South Asian and Chinese communities inBelize, primarily in restaurants and shops with owners from
  • 29. 88BELIZEthe same country. There has been at least one case of a Belizeantrafficking victim identified in the United States.The Government of Belize does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the reportingperiod, government officials demonstrated a sustainedcommitment to addressing trafficking in persons by achievingtwo convictions of trafficking offenders, devoting resourcestoward victim protection, and raising public awareness. Flawsin current legislation, a very low victim identification rate,and official complicity remain challenges.Recommendations for Belize: Enact legislation that wouldprescribepenaltiesforhumantraffickingthatarecommensuratewith those for other serious crimes, such as rape; demonstratemore vigorous efforts to investigate, prosecute, and convictgovernment officials complicit in sex trafficking and forcedlabor, and seek criminal punishment of any guilty official;demonstrate transparency and appropriate follow-throughregarding the prosecution of the police officer allegedly linkedwith human trafficking; employ formal procedures to guideofficials in identifying victims of sex trafficking and forcedlabor among vulnerable populations, including migrantlaborers and people in prostitution, and refer them to thegovernment’s anti-trafficking committee; continue to identifyand assist domestic and foreign labor and sex traffickingvictims and ensure identified foreign victims are not penalizedfor crimes, such as immigration violations, committed as adirect result of being in a human trafficking situation; developa strategic plan to enhance effectiveness of the government’santi-trafficking initiatives over the coming years; continue todevelop targeted campaigns educating domestic and foreigncommunities about forced domestic service and other typesof forced labor, in addition to commercial sexual exploitationof children, and other forms of human trafficking.ProsecutionDespite resource constraints, the government made progress inlaw enforcement efforts during the reporting period. Belize’sgovernment prohibits all forms of trafficking through itsTrafficking in Persons Prohibition Act of 2003, which prescribespunishments of from one and five years’ imprisonment and afine the equivalent of $5,000. These penalties are sufficientlystringent, but are not commensurate with penalties prescribedfor other serious crimes such as rape, for which penaltiesfrom eight years’ to life imprisonment are prescribed. Underexisting law, trafficking is a “summary offence,” tried inthe lower courts, where cases are often dismissed, which isproblematic as it treats trafficking as a less than significantcrime. Draft legislation, which the government announced in2011 it was committed to passing, would lead to significantimprovements, including elevating trafficking offenses above“summary” status. However, this legislation was not enactedduring the reporting period. In an effort to address some of theshortcomings of current law, the director of public prosecutionsbegan handling the prosecution of trafficking cases, and thechief magistrate assumed the responsibility of hearing allhuman trafficking cases. These initiatives led to the country’sfirst sex trafficking convictions in several years: one offenderreceived an 18 month prison sentence, and another receiveda one year prison sentence. The government reported at leasteight new sex trafficking investigations during the reportingperiod, but no new prosecutions. Seven human traffickingprosecutions from previous years remained pending, andeight were dismissed. Trafficking-related complicity reportedlyremained a serious problem. The case reported in the 2011TIP Report involving a government official charged with raperesulting from human trafficking investigations remainedpending. The government provided anti-trafficking training forofficials from many different ministries during the reportingperiod.ProtectionThe Belizean government made some progress in the protectionof trafficking victims during the reporting period. Its officialsreported the provision of services to 12 trafficking victims,though the government identified only two new sex traffickingvictims and no forced labor victims during the year, comparedwith its identification of 10 sex trafficking victims and threeforced labor victims in 2010. Law enforcement and otherofficials do not systematically employ formal mechanisms toguide them in identifying victims of sex trafficking and forcedlabor among vulnerable populations, such as migrant laborersor foreign citizens in prostitution. However, Belize’s anti-trafficking committee, comprised of 13 agencies and NGOs,reportedly developed formal procedures to guide officials andNGOs in referring trafficking victims to available services. Thegovernment spent approximately $125,000 in 2011 in servicesfor trafficking victims. Through direct services and funding ofNGOs, the government provided housing (including 24-hoursecurity protection in some cases), health care, counseling,stipends, case management, and reintegration services to adultand child victims of trafficking in Belize during the reportingperiod. The government funded two NGO-operated sheltersthat assisted adult victims; the government has placed childvictims in foster care or with relatives. There were no reportsthat victims were detained involuntarily in these shelters.Authorities in Belize reportedly encouraged victims to assistwith the investigation and prosecution of trafficking offenders,although court delays caused victims to become discouragedand often led them to cease cooperation with law enforcementauthorities, despite their interest in seeking justice. Authoritiesprovided temporary residency for foreign trafficking victimsparticipating in court cases. After the conclusion of court cases,foreign victims could remain in the country by applying forresidency; however, the government did not cover the costs ofthe application, presenting a barrier to those victims withoutfunds. Also, there were reports the government deported orpunished some foreign victims before they were able to receiveassistance due to lack of identification procedures to guideimmigration authorities and prison officials.PreventionThe government made progress in prevention efforts duringthe reporting period. The government continued to coordinateBelize’s anti-trafficking programs through an anti-traffickingcommittee of 13 agencies and NGOs chaired by a seniorMinistry of Human Development official. During the year,the committee sustained a multimedia trafficking awareness
  • 30. BENIN89campaign in English, Spanish, Mandarin, and Hindi. Inaddition, the Belize Tourism Board led a campaign duringthe reporting period in schools to raise awareness aboutthe commercial sexual exploitation of children that reachednearly 500 people throughout the country. The government’sOffice of the Special Envoy for Women and Children launcheda public service message to encourage the public to reportcommercial sexual exploitation of children and child sextourism. In August 2011 the government held a symposium onthe commercial sexual exploitation of children, and in Octoberthe government hosted a workshop for persons working in thetourism industry to examine sex tourism. The governmentdid not have any awareness campaigns targeted at either theroot causes of commercial sexual exploitation or the clientsof the sex trade to reduce the demand for commercial sex. Thegovernment did not have a formal mechanism to monitorits anti-trafficking efforts or a current national action plan.BENIN (Tier 2)Benin is a country of origin, transit, and destination forwomen and children, and possibly men, subjected to forcedlabor and sex trafficking. The majority of identified victimsare girls subjected to domestic servitude or sex trafficking inCotonou, the administrative capital. Children are forced tolabor on farms, in commercial agriculture – particularly inthe cotton sector – in artisanal mines, at construction sites,or as street vendors to produce or hawk items. The majorityof child trafficking victims are from the northern regions ofBenin, and many are recruited and transported to Republicof the Congo, Nigeria, and Gabon, and to a lesser extent Coted’Ivoire, Ghana, and Guinea-Bissau, where they are forced tolabor in mines, quarries, restaurants, street vending, and oncocoa farms. Guinean and Nigerian women are trafficked intodomestic servitude and forced prostitution in Benin. Benineseadult and child trafficking victims have been identified inneighboring West African countries, as well as in the UnitedKingdom.The Government of Benin does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. The governmentacknowledges that child labor trafficking is a problem inBenin; however its efforts to address the trafficking of adultsremained weak and, despite reports of children held incommercial sexual exploitation, it neither investigated norprosecuted any suspected sex traffickers during the year. In2011, the government identified 249 child labor traffickingvictims and convicted 25 trafficking offenders for child labortrafficking offenses.Recommendations for Benin: Finalize and enact draftlegislation to criminalize all forms of adult trafficking; increaseefforts to convict and punish trafficking offenders, includingusing existing statutes to successfully prosecute traffickingcrimes committed against adults and sex trafficking of children;train law enforcement officials to identify trafficking victimsamong vulnerable populations, such as women and childrenin prostitution and children in the informal labor sector, andrefer them to protective services; and improve efforts to collectlaw enforcement data on trafficking offenses, including casesinvolving the trafficking of adults prosecuted under separatestatutes in the penal or labor code, and make these dataavailable to other government agencies and the public.ProsecutionThe government maintained its anti-trafficking lawenforcement efforts aimed at combating child labor traffickingduring the reporting period; however, it took no discernableprosecutorial action against traffickers engaged in commercialsexual exploitation of women and children. Existing laws donot prohibit all forms of trafficking. The 2006 Act Relating tothe Transportation of Minors and the Suppression of ChildTrafficking criminalizes all forms of child trafficking andprescribes penalties of 10 to 20 years’ imprisonment. Thesepenalties are sufficiently stringent and exceed those prescribedfor other serious crimes, such as rape. The country’s penalcode outlaws pimping and the facilitation of prostitution andprescribes a sentence of six months’ to two years’ imprisonment,while the labor code prohibits forced labor and prescribes apenalty of two months’ to one year’s imprisonment or a fine.These punishments are not sufficiently stringent.During the year, the Ministry of the Interior’s Office forthe Protection of Minors (OCPM) charged nine suspectedtraffickers with the illegal movement of children and forcedchild labor. Eight courts in Cotonou convicted 25 individualsof child labor trafficking under Act 2006-04, handing downsentences ranging from a three-month suspended prisonterm to a five years prison term and fines of $20 to $1,000;some of these sentences were neither sufficiently stringent norcommensurate to the penalty for other serious crimes, suchas rape. Seven trafficking prosecutions remained pendingat year’s end. In January 2012, gendarmes intercepted twoboats transporting 85 children en route to Gbadagry, Nigeriafor forced labor. They apprehended five suspected traffickersand transferred the suspects to the court of Porto-Novo forprosecution, which remained pending at the close of thereporting period. Through Benin’s National Police Academy,the government provided senior police officers with training oncounteracting child trafficking. The government did not reportother efforts to investigate, prosecute, convict, or sentencegovernment officials complicit in human trafficking; however,there were reports that individuals in the Benin diplomaticcorps protected traffickers and sought to hinder the repatriationof child trafficking victims to Benin.ProtectionThe Government of Benin sustained efforts to protect childlabor victims during the year, but did not identify or provideprotective services to any adult victims of trafficking and didnot disaggregate data to indicate if care was provided to childvictims of commercial sexual exploitation. The Ministries ofFamily, Interior, Justice, and Foreign Affairs collaborativelyprovided services to 164 victims and referred them to NGOs toreceive additional care. The OCPM identified 249 child labortrafficking victims by interviewing the children it took intocustody. It provided 164 trafficking victims with temporaryshelter, as well as legal, medical, and psychological services in
  • 31. 90BOLIVIAa transit center staffed by government and NGO personnel, butlocated on police premises in Cotonou, before referring themto long-term NGO shelters. In 2011, the OCPM transferredcustody over five trafficking victims to officials from theircountries of origin, including Ghana, Togo, and Nigeria.The OCPM did not encourage child victims to take part inan investigation or trial unless a judge required it, preferringnot to expose them to the potential for additional trauma.There were no reports that victims were detained, fined, orjailed for unlawful acts committed as a direct result of beingtrafficked; however, the government did not make efforts toidentify adult trafficking victims, nor did it have a mechanismfor screening individuals in prostitution, which may have leftvictims unidentified in the law enforcement system.PreventionThe government took moderate steps to prevent traffickingin persons during the year. In October 2011, the Ministry ofLabor and the Ministry of Family conducted outreach programsat quarries in the areas of Lokossa, in southwest Benin inan effort to prevent child labor trafficking. In November2011, local authorities in the southeast coordinated outreachcampaigns aimed at raising awareness of the practice of childsex trafficking. The Ministries of Family and Justice heldsessions across the country to publicize child anti-traffickinglegislation, including the January 2011 decree on the list ofhazardous work prohibited for children. The Joint Nigeria-Benin Committee to Combat Child Trafficking met inFebruary 2012 and continued its coordinating efforts aimedat reducing child labor trafficking from Zakpota, Benin toquarries in Abeokuta, Nigeria. In September 2011, the Beninesegovernment signed a bilateral agreement with the Republicof the Congo to prevent transnational child trafficking. Thegovernment took no systematic steps to reduce the demandfor commercial sex or forced labor during the reporting period.The government provided Beninese troops with anti-traffickingtraining prior to their deployment abroad on internationalpeacekeeping missions, though such training was conductedby a foreign donor.BOLIVIA (Tier 2)Bolivia is principally a source country for men, women, andchildren who are exploited in sex trafficking and forced laborwithin the country or abroad. A significant number of Boliviansare found in conditions of forced labor in Argentina, Brazil,Chile, Peru, Spain, the United States, and other countries,usually in sweatshops and agriculture, as well as in domesticservice. Within Bolivia, women and girls are subjected tosex trafficking, often in urban areas. Bolivian women andgirls are also exploited in sex trafficking in neighboringcountries, including Argentina, Peru, and Chile. To a morelimited extent, women from other nearby countries, includingBrazil and Paraguay, have been identified in sex trafficking inBolivia. Members of indigenous communities are vulnerableto forced labor and sex trafficking. Within the country, Bolivianchildren are found in forced labor in mining, agriculture, andas domestic servants, and some women and girls are forced towork as hostesses. Reports also indicate some families leaseout their children for forced labor in mining and agriculturenear border areas with Peru. In Chile and Brazil, authoritieshave identified some Bolivian children forced to courier drugs.The Government of Bolivia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear, authorities achieved the first forced labor conviction inBolivia and established a new office to coordinate traffickingprosecution efforts. However, despite the large number ofpossible trafficking cases identified by dedicated traffickingand smuggling units around the country, authorities did notreport how many victims it identified or assisted during theyear, and victim services, including for the large number ofrepatriated Bolivian victims, were inadequate.Recommendations for Bolivia: Enhance victim servicesacross the country through increased resources designated forspecialized assistance for trafficking victims, including forvictims of forced labor; strengthen efforts to prosecutetrafficking offenses, and convict and punish traffickingoffenders and fraudulent labor recruiters; increase resourcesfor dedicated anti-trafficking prosecutorial and police units toaddress the challenges in moving from investigation tosuccessful prosecution; enhance efforts to identify traffickingvictims proactively through developing formal procedures foridentifying trafficking victims among vulnerable populations;intensify law enforcement efforts against the forced labor ofadults and children, including domestic servitude and theforced prostitution of adults; work with destination countriesto ensure that returning Bolivian trafficking victims receivecare services; enhance ongoing training opportunities for policeofficers, judicial officials, social workers, and other governmentofficials; and increase public awareness about human trafficking,particularly among Bolivians seeking work abroad.ProsecutionThe government made uneven progress in its law enforcementefforts against human trafficking during the year. Whileauthorities achieved the country’s first forced labor conviction,successful prosecutions remained low given the large number ofcases identified. Bolivia prohibits all forms of human traffickingthrough Law 3325, a 2006 human trafficking and smugglinglaw that prescribes penalties of eight to 12 years’ imprisonmentfor both internal and transnational trafficking offenses. Thesepenalties are sufficiently stringent and commensurate withpenalties prescribed under Bolivian law for other seriouscrimes, such as rape. This law also prohibits illegal adoption asa form of human trafficking, a crime that does not fall withinthe 2000 UN TIP Protocol.The Bolivian National Police reported investigating over 250cases of potential human trafficking in 2011, and prosecutorsreported that almost 300 trafficking cases remained pending.There was no information available regarding how many ofthese cases involved forced labor or illegal adoption. Therecontinued to be a significant disparity between the largenumber of cases investigated and the low number of casessuccessfully prosecuted. Authorities did not report the numberof prosecutions initiated during the year. With substantial civil
  • 32. BOSNIAANDHERZEGOVINA91society assistance, authorities prosecuted and convicted twolabor trafficking offenders in 2011 under smuggling statutes,with sentences of 13 years and 4 months, sentences thetraffickers appealed. The government also reported convictingseven sex trafficking offenders through plea bargains underthe trafficking law: reported sentences ranged from eight to 10years’ imprisonment. In comparison, in 2010, the governmentreported prosecuting 31 trafficking offenders and convictingseven under pimping and sexual exploitation statutes.The government maintained 13 specialized trafficking andsmuggling units with funding from a foreign government;two of the units opened during the year. The dedicated anti-trafficking prosecutorial unit in the capital was underfundedand understaffed. During the year, the lack of data-trackingmechanisms for trafficking crimes made it difficult for officialsto coordinate or track cases through the judicial process. InSeptember 2011, the Attorney General announced the creationof a national coordination office responsible for sexual crimes,human trafficking, and human smuggling. During the reportingperiod, this office centralized information, drafted victim careprotocols, and designated one prosecutor in each departmentas a regional coordinator on these issues. Law enforcementofficials and prosecutors received anti-trafficking trainingfunded by NGOs, international organizations, and a foreigngovernment, but the Bolivian government did not reportfunding any training of its officials. Some judges reportedlywere reluctant to use the anti-trafficking law. Authoritiesreported no investigation, prosecutions, or convictions ofgovernment officials for trafficking-related complicity. Therewere no reports of cooperative international investigationswith the governments of receiving countries during the year.ProtectionBolivian government efforts to protect trafficking victimsremained limited, and civil society organizations provided thevast majority of specialized care without government funding.The government lacked formal procedures for identifyingtrafficking victims among vulnerable populations, thoughsome police and prosecutors reportedly referred victims toservices and shelters during the year. In past years, the Bolivianpolice have reported the number of possible trafficking victimsidentified by officers, and the number of victims that werereferred to care services; authorities did not report this datafor 2011. The government of La Paz provided some fundingto one NGO shelter for female sex trafficking victims andvictims of sexual abuse; the shelter reported assisting 38trafficking victims during the year. A special victims unitin Santa Cruz reported providing medical attention, shelter,food, and clothing to 18 victims in 2011. Two civil societyorganizations in Potosi received limited government fundingto assist six female trafficking victims. NGOs and religiousgroups without government funding provided the majority ofshelter care and reintegration programs to trafficking victims;most of these services were targeted at female victims of abuse,and some shelters also housed juvenile offenders. Temporaryand long-term services for victims remained unavailable inparts of the country. Services for adult female victims and formale victims were virtually non-existent. Argentine officialsreported identifying hundreds of Bolivian victims of traffickingduring the year, many of whom reportedly chose to return toBolivia. There were no reports that the government providedassistance to Bolivian victims repatriated from other countries.The government encouraged victims to participate ininvestigations and prosecutions of trafficking offenders,although victims often chose not to cooperate because of theirfear of reprisals from traffickers, and their lack of faith in thejudicial system. A special victims unit in Santa Cruz providedlegal assistance to 39 victims in 2011. An NGO reported thatofficials often fail to record initial victim statements that canbe used during trials in lieu of a victim testifying in court.Furthermore, as courts maintain open records, no mechanismsexisted to protect information about trafficking victims, andthe legal structure often provided greater safeguards to accusedtrafficking offenders than to victims. The government did notprovide foreign trafficking victims with legal alternatives todeportation to countries where they may face retribution orhardship.PreventionThe government sustained limited prevention and publicawareness efforts, largely in collaboration with internationaldonors. The National Anti-Trafficking Council did not reportmeeting during the year, and effective coordination betweengovernment agencies was low. Investigators from the specializedtrafficking and smuggling units reported that they spoke atschools to raise awareness of human trafficking. No efforts toreduce demand for commercial sex acts or forced labor werereported during the year. The government provided humanrights training with anti-trafficking content for its troopsbefore they deployed on international peacekeeping missions.BOSNIA AND HERZEGOVINA(Tier 2)Bosnia and Herzegovina is a source, destination and transitcountry for men, women, and children who are subjected tosex trafficking and forced labor. Bosnian victims are subjectedto sex trafficking and forced labor in Azerbaijan, Slovenia,Croatia, Spain and other countries in Europe. Bosnian womenand young girls, as well as women and girls from Ukraine,Albania, Serbia, Kosovo, and Germany are subjected to sextrafficking within Bosnia. Local girls, particularly Roma, andgirls from other countries in the region were trafficked forforced marriage or for domestic servitude. Experts reported asignificant number of Roma boys and girls, some as young asfour years old, were forced into begging by organized crimegroups. An NGO reported children as young as 12 years old aresubjected to sex trafficking by traffickers who use blackmail,gang rape, and drugs as tools of coercion and control.The Government of Bosnia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Bosnia’sgovernment failed to demonstrate appreciable progress inits prosecution and protection efforts during the year, partlydue to a lack of political support for anti-trafficking activitiesand NGOs and lack of a national budget during the reportingperiod. While courts in local jurisdictions convicted sometrafficking offenders under trafficking-related laws, theBosnian government did not investigate, prosecute, or convictany trafficking offenders in 2011. The Bosnian government didnot demonstrate concrete improvements in the identificationor protection of trafficking victims during the year, and itprovided little support to NGOs providing critical care andassistance to trafficking victims. Finally, the government did
  • 33. 92BOSNIAANDHERZEGOVINAnot prosecute any cases of officials’ complicity with trafficking,which some country experts and NGOs report significantlyhampered the government’s overall anti-trafficking efforts.Recommendations for Bosnia and Herzegovina: Vigorouslyinvestigate sex and labor trafficking cases and aggressivelyprosecute and punish trafficking offenders; continue effortsto harmonize state and sub-state laws to explicitly criminalizeall forms of trafficking; vigorously investigate and prosecutetrafficking-related complicity; ensure identified victims,including Bosnian children older than 14 and childrensubjected to forced begging, are not punished as a direct resultof being trafficked; empower and institutionalize support formonitoring teams, as well as other front-line responders inBosnia, to increase detection and referral of trafficking victims,including victims of forced begging and adult men; continuesteps to intensify partnerships with NGOs and formalize theirrole in the Anti-Trafficking Strike Force; ensure adequatefunding for NGOs to facilitate their ability to provide criticalcare and assistance, including specialized legal assistance, fordomestic and foreign victims; ensure potential traffickingvictims arrested for prostitution are identified and referredfor care; carry out anti-trafficking training to sensitize lawenforcement, the judiciary, and social workers to victims ofthis serious human rights abuse; and develop nationalcampaigns to educate Bosnian officials and the public aboutall forms of trafficking, and to reduce demand for commercialsex.ProsecutionThe Government of Bosnia’s anti-trafficking law enforcementefforts diminished significantly in 2011. The nationalgovernment prohibits trafficking for sexual and laborexploitation through Article 186 of its criminal code, whichprescribes penalties of up to 10 years’ imprisonment. Thesepenalties are sufficiently stringent and commensurate withthose prescribed for other serious crimes, such as rape. In 2011,the state-level government failed to convict any traffickingoffenders; this represents a decline from the seven convictionsof trafficking offenders in 2010 and 11 in 2009. In the absenceof sub-national trafficking laws, courts in local jurisdictionsused “enticement to prostitution” laws to address these cases.The Federation convicted two traffickers for the commercialsexual exploitation of eight children, some under 14 yearsof age, and sentenced them to one year and three monthsand two years and four months imprisonment. Courts inthe Brcko District prosecuted six other child prostitutionoffenders, under an “enticement to prostitution” statute,convicting five offenders with sentences ranging from sixmonths to three and a half years. Local jurisdictions convictednine offenders in 2010. During the year, the governmentdeveloped draft amendments to harmonize national and sub-national trafficking laws to explicitly criminalize all formsof trafficking; however, it has yet to officially amend theselaws. In August 2011, the Deputy State Prosecutor requestedlocal law enforcement agencies not to prosecute any victimsfor crimes committed as a result of their being traffickedand to refer all trafficking cases to the national government;local law enforcement entities referred 19 cases involving 22suspects to national authorities. The national government,however, did not initiate any new trafficking investigationsand experts reported that national prosecutors demonstrated areluctance to pursue trafficking charges or identify traffickingvictims during the year. Most trafficking cases continued tobe prosecuted at the local level; these local prosecutors andcourts lack understanding of trafficking and community actorsreport that sentencing is influenced at the local level by localjudges’ familiarity with the trafficking suspects.There were continued reports of police and other governmentemployees’ facilitation of trafficking, including by willfullyignoring trafficking offenses, exploiting trafficking victims,and actively protecting traffickers or exploiters of traffickingvictims in return for payoffs. The national government didnot vigorously prosecute any cases of trafficking complicity in2011. Moreover, the government did not report any progressin an investigation of two local officials started by the stateprosecutor for their December 2007 involvement in the forcedprostitution of three children.ProtectionThe Government of Bosnia did not demonstrate appreciableprogress in the identification or protection of traffickingvictims in 2011. Furthermore, it provided limited assistanceto victims and did not provide any financial support for oneof Bosnia’s major trafficking shelters. Authorities identified34 trafficking victims in 2011, compared with 37 in 2010and 46 victims in 2009. Local experts report that the actualnumber of trafficking victims in Bosnia is increasing and thatpolice are not using proactive identification techniques tolocate victims. Local level authorities’ misunderstanding ofand prejudice towards trafficking victims contributed to lowlevels of victim identification, as well as likely inadvertentpunishment of victims for crimes committed as a result of theirbeing trafficked. Monitoring teams established by an outsidedonor in a prior year to improve victim identification andreferral received no funding or support from the government;these teams did not increase victim identification. Childrenin prostitution over 14 years of age continued to be treatedas juvenile offenders, and were likely punished for crimescommitted as a direct result of being trafficked. During theyear, a Macedonian child allegedly subjected to forced marriagewas detained by the Aliens Unit for several months. One NGOreported that children, who are likely forced into begging bytheir parents and criminal groups, were treated as offendersrather than being treated as trafficking victims. During the year,two NGO shelters assisted a combined 21 Bosnian traffickingvictims, 18 of whom were children. Authorities reported thatvictims were not permitted to leave the shelters unchaperoned,purportedly due to safety concerns. The government reportedthat it used a general fund for all victims of sexual violence– funding in the amount of $46,000 – to assist traffickingvictims. However, country experts report the government didnot provide sufficient funds to NGOs providing critical andcomprehensive care to trafficking victims in 2011. Additionally,the government failed to provide any funding for the care andassistance of foreign trafficking victims in 2011; NGOs assistingseven foreign victims funded the assistance for these victims.The government reported it provided legal alternatives toforeign trafficking victims’ removal to countries where they
  • 34. BOTSWANA93face hardship or retribution, by providing short- and long-term residence permits to victims. However, prosecutorsreportedly continued to initiate deportation procedures forforeign trafficking victims without arranging for their safeand responsible return after deciding there was a lack ofevidence or if the victim’s testimony was not needed. Also, thegovernment failed to refer foreign trafficking victims to NGOservice providers. The government provided four traffickingvictims with temporary residency permits in 2011 in orderto facilitate their assistance in criminal investigations andprosecutions. The government reportedly encouraged victimsto assist in the investigation and prosecution of traffickers,however local experts continued to report that legal assistanceand overall protection of witnesses in Bosnia was limited andinadequate. Some anti-trafficking NGOs with a history ofproviding assistance to trafficking victims continued to reportthe need for more effective partnering with the governmentto improve victim identification, referral and care.PreventionThe Bosnian government’s limited trafficking preventionefforts depended on a few key motivated actors, including theNational Anti-trafficking Coordinator, whose office failed toreceive adequate funding due to the lack of a regular nationalbudget during the year. The Office of the State Coordinatorcontinued to serve as a general point of contact for anti-trafficking stakeholders; during the year, the Coordinatortook important steps to increase partnerships with civilsociety. Furthermore, the Coordinator, in partnership withan NGO, continued to provide victim identification trainingto staff members in day centers frequented by Roma andother vulnerable groups to trafficking. In honor of Europe’santi-trafficking day, the National Coordinator and NGOsset up awareness exhibits and radio and television ads inTuzla, Mostar, and Sarajevo aimed at decreasing demandfor commercial sex acts. During the year, the governmentinitiated a draft of its third National Action Plan (NAP) ontrafficking. The government did not report transparently onits anti-trafficking efforts, but commissioned a university withdonor funds to evaluate its anti-trafficking efforts; the resultingrecommendations will inform its new NAP. The governmentalso continued specialized anti-trafficking training of Bosniantroops prior to their deployment abroad on internationalpeacekeeping missions.BOTSWANA (Tier 2)Botswana is a source and destination country for womenand children subjected to forced labor and sex trafficking.Residents in Botswana most susceptible to trafficking areillegal immigrants from Zimbabwe, unemployed men andwomen, those living in rural poverty, agricultural workers,and children orphaned by HIV/AIDS. Some parents in poorrural communities send their children to work for wealthierfamilies as domestic servants in cities, or as herders at remotecattle posts, where some become victims of forced labor.Young Batswana, serving as domestic workers for extendedfamily or friends of family, in some cases may be subjectedto confinement, verbal, physical, or sexual abuse and deniedaccess to education and basic necessities, conditions indicativeof forced labor. Batswana girls are exploited in prostitutionwithin the country, including in bars and by truck driversalong major highways. The ILO and child welfare organizationsin Botswana confirm that a significant minority of personsin prostitution are children. Batswana families who employZimbabwean women as domestic workers at times restrict orcontrol the movements of these workers, or threaten to havethem deported to Zimbabwe as a means to maintain theirlabor. Indians and Pakistanis are brought into Botswana underfalse pretenses for forced labor in the agricultural sector bytraffickers of the same nationalities; recently identified victimsreported non-payment of wages and withholding of passports.NGOs report forced labor of San people – including adults andchildren – on private farms and cattle posts.The Government of Botswana does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During thereporting period, the government appointed a lead ministry– the Ministry of Defense, Justice, and Security (MDJS) – tocoordinate national anti-trafficking efforts and the draftingof comprehensive anti-trafficking legislation. Additionally,the government convicted and administratively penalizedone trafficking offender – the first trafficking conviction inBotswana – under the Employment of Non-Citizens Act, andrescued two trafficking victims and two additional potentialvictims. Despite these efforts, the government has yet tocriminally prosecute a trafficking offender for traffickingviolations, it has not developed formal identification andreferral procedures, and it did not continue awarenesscampaigns started in the previous reporting period.Recommendations for Botswana: Begin draftingcomprehensive legislation criminalizing all forms of traffickingin persons and incorporating a broader definition of traffickingin persons consistent with the 2000 UN TIP Protocol; increaseefforts to investigate and criminally prosecute suspectedtraffickers under existing laws in both transnational andinternal trafficking cases; develop a formal system to identifyproactively trafficking victims and continue to train lawenforcement, immigration, and social welfare officials to usethis system to identify victims among vulnerable populations;launch public awareness campaigns to educate the generalpublic on the nature of human trafficking; and institute aunified system for documenting and collecting data on humantrafficking cases.ProsecutionThe Government of Botswana demonstrated progress in its anti-trafficking law enforcement efforts over the last year. Draftingof anti-trafficking legislation has not begun. It provided data onpotential trafficking prosecutions for the first time, includingevidence of its first conviction of a trafficking offender ona labor violation, for which the offender was penalized bya fine. Although Botswana does not have a law specificallyprohibiting trafficking in persons, provisions in the Penal Codeof 1998, such as those in sections 155-158 (forced prostitution)and sections 260-262 (slavery and forced labor), prohibitsome forms of trafficking. The sufficiently stringent penalties
  • 35. 94BRAZILprescribed for offenses under these sections range from sevento 10 years’ imprisonment, and are commensurate with thoseprescribed for other serious crimes, such as rape. Sections 57and 114 of the 2009 Children’s Act prohibit child prostitutionand child trafficking, respectively; section 57 prescribespenalties of two to five years’ imprisonment for facilitationor coercion of children into prostitution, while section 114prescribes penalties of five to 15 years’ imprisonment for childtrafficking. The Children’s Act, however, fails to define childtrafficking, potentially limiting its utility. In December 2011,the cabinet approved a memo directing the attorney generalto begin drafting anti-trafficking legislation.In January 2012, MDJS produced a document containing lawenforcement statistics – the government’s first effort to reporttrafficking data – which noted the investigation of severalpotential trafficking cases and the first known enforcementactions taken against labor traffickers in Botswana. In August2011 the Botswana Police Service (BPS) arrested a Motswanaindividual, and in November 2011 deported an Indian nationalsuspected of forcing two Indians to labor on a farm. Chargedwith the administrative violation of employing non-citizenswithout a proper work permit under the Employment of Non-Citizens Act, the Motswana pled guilty and paid a $133 fine inAugust 2011; along with the Indian national suspect, he alsopaid the $2,500 salary arrears for each victim and provided themreturn tickets home. The government failed to seek criminalprosecution and imprisonment of the offenders under PenalCode section 262 (forced labor), and the administrative fineswere insufficient to serve as a deterrent to trafficking crimes.In a potential transnational labor trafficking case detectedby airport authorities, an immigration officer facilitated theillegal movement of Ethiopian nationals to South Africa,as authorities believe, for the purpose of forced labor. Thegovernment declared this official unfit for service and sheresigned from the Immigration Service in March 2012; it alsoarrested and deported a Zimbabwean national in October2011 for his suspected role. A trafficking prosecution initiatedin 2010 remained ongoing. During the reporting period, 81police officers received training at the Botswana Police Collegeon the identification of trafficking victims.ProtectionAlthough the government demonstrated modest efforts toprotect victims of transnational trafficking, it did not identifyany victims of internal trafficking during the year. Botswanahas no social services specifically to assist victims of humantrafficking. The BPS rescued two Indian trafficking victims andtwo potential Ethiopian trafficking victims; all four victimswere repatriated to their countries of origin, but not providedwith additional protective services. The government did notpenalize those rescued for crimes committed as a result of theirbeing trafficked, including immigration violations; however,Botswana’s laws do not specifically protect trafficking victimsfrom penalization for unlawful acts committed as a direct resultof being trafficked. In one case, the government facilitated thevictims’ repatriation by sentencing their traffickers to pay fortheir return tickets; however, the government did not provideforeign victims with temporary residency or legal alternativesto their removal to countries where they could face hardship orretribution. The government deports undocumented foreignmigrants within 24 hours of arrest and, due to limited timeand resources, provides only informal screening for traffickingvictimization for the 300 undocumented foreign migrantsdeported each day. This informal screening has never resultedin the identification of a trafficking victim.The government funded NGO-operated shelters, whichprovided general services to children, including children inprostitution. One child victim of domestic servitude, identifiedduring the previous reporting period, remained within the careof one such shelter for a second year and government socialworkers continued to oversee her case. The government has yetto develop a systematic process for the proactive identificationand referral of victims among vulnerable populations, such asirregular migrants and women and children in prostitution;however, in March 2011, the government began training borderpolice in victim identification.PreventionAlthough the government built its capacity to address thecountry’s human trafficking problem through the identificationof a lead ministry, it made minimal efforts to prevent traffickingduring the year. In August 2011, the minister of presidentialaffairs and public administration designated the minister ofdefense, justice, and security as the lead on anti-traffickingissues. Despite official recognition of the need to increase theunderstanding of trafficking among Batswana, the governmentneither launched any prevention campaigns during the year,nor continued those started in the previous reporting period.In partnership with the ILO, the government implementedits Program for the Elimination of the Worst Forms of ChildLabor and began compiling a list of hazardous forms of work,both of which cover some forms of trafficking. During theyear, the Department of Labor partnered with the Departmentof Social Services to advocate against and raise awareness ofexploitative child labor on Radio Botswana and Botswana TV.The government did not make efforts to reduce the demandfor commercial sex acts during the reporting period.BRAZIL (Tier 2)Brazil is a large source country for men, women, and childrensubjected to sex trafficking within the country and abroad,as well as a source country for men and children in forcedlabor within the country. To a more limited extent, Brazil is adestination and transit country for men, women, and childrenin forced labor and sex trafficking. A significant number ofBrazilian women and children are exploited in sex traffickingwithin the country, and federal police report higher ratesof child prostitution in the Northeast. A large number ofBrazilian women are found in sex trafficking abroad, oftenin European countries, including Spain, Italy, Portugal, theUnited Kingdom, the Netherlands, Switzerland, France, andGermany, as well as in the United States, and as far away asJapan. Some Brazilian women and children also are subjectedto sex trafficking in neighboring countries, such as Suriname,French Guiana, Guyana, and Venezuela. To a lesser extent,some women from neighboring countries have been exploitedin sex trafficking in Brazil. Some transgender Brazilians areforced into prostitution within the country, and Brazilianmen and transgender Brazilians have been exploited in sextrafficking in Spain and Italy. Child sex tourism remains aserious problem, particularly in resort and coastal areas inBrazil’s northeast. Child sex tourists typically arrive fromEurope and, to a lesser extent, the United States.
  • 36. BRAZIL95Under Brazilian law, the term trabalho escravo, or slave labor,can signify forced labor or labor performed during exhaustingwork days or in degrading working conditions. It is unclear howmany individuals identified in trabalho escravo are traffickingvictims: however, a study published during the year notedthat 60 percent of workers interviewed in rural trabalho escravohad experienced key indicators of forced labor. Thousandsof Brazilian men are subjected to trabalho escravo within thecountry, often on cattle ranches, logging and mining camps,sugar-cane plantations, and large farms producing corn, cotton,soy, and charcoal, as well as in construction and deforestation.Some children have been identified in trabalho escravo in cattleranching, deforestation, mining, and agriculture. Civil societyorganizations identified a strong link between environmentaldegradation and deforestation, particularly of the Amazon, andincidence of trabalho escravo. Forced labor victims are commonlylured with promises of good pay by local recruiters – knownas gatos – in northeastern states, such as Maranhao, Piaui,Tocantins, to other locations, particularly Para, Mato Grosso,Goias, and Sao Paulo, where many victims are subjected todebt bondage. While many of these victims were migratoryworkers, in one case victims were subjected to a system of debtbondage in brick making for more than 30 years. Domesticservitude, particularly of teenage girls, also remains a problemin the country. To a lesser extent, Brazil is a destination formen, women, and children from Bolivia, Paraguay, Peru, andChina in situations of trabalho escravo in garment factories andtextile sweatshops in metropolitan centers, particularly SaoPaulo. Some of these sweatshops are sub-contractors for largecompanies, a number of which are international.The Government of Brazil does not fully comply with theminimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Authoritiescontinued efforts to investigate sex and labor traffickingcrimes, but data collection on trafficking prosecutions andconvictions continued to be a challenge. There were ninereported human trafficking convictions during the reportingperiod, while over 2,800 potential trafficking victims wereidentified in 2011 through continued mobile labor inspectionoperations to identify trabalho escravo and by anti-traffickingoffices in 14 states. Government-provided specialized shelterand services for victims of all forms of trafficking victimsremained inadequate. Authorities continued to partner withcivil society and international organizations to raise awarenessabout sex trafficking and trabalho escravo. Despite continuedprevention efforts on child sex tourism and investigationsof commercial sexual exploitation of children, there wereno reported prosecutions or convictions of child sex tourists.Recommendations for Brazil: Increase efforts to investigateand prosecute trafficking offenses, and convict and sentencetrafficking offenders, including those involved in internalcases of sex trafficking; increase dedicated funding forspecialized assistance, shelters, and protection for victims ofsex trafficking and of forced labor, in partnership with civilsociety; vigorously investigate and prosecute those who engagein the prostitution of children, including through child sextourism; amend legislation to apply more stringent sentencesfor trafficking offenders; strengthen the interagencymechanisms at the federal, state, and local level and enhancecollaboration between government entities involved incombating trabalho escravo, sex trafficking, and childprostitution, in order to ensure coordinated efforts againstall forms of human trafficking; continue to increase trainingfor local-level law enforcement officers, judicial officials andlabor officials, and social workers; pass and implement asecond national plan to combat trafficking; and strengthenpartnerships between the government and the business sectorto encourage voluntary efforts made by companies to eliminateforced labor.ProsecutionThe Brazilian government maintained law enforcement effortsto confront internal forced labor and transnational forcedprostitution during the past year. There was limited publicinformation on government efforts to prosecute and convictinternal sex trafficking offenders, including those involved inthe prostitution of children. In some trabalho escravo convictionsachieved during the year, federal judges commuted sentencesof less than four years’ imprisonment to community service,thus undercutting in practice the otherwise stringent penaltiesset forth in the relevant anti-trafficking statutes. Brazilianlaws prohibit most forms of trafficking in persons. Articles231 and 231-A of the penal code prohibit some forms of sextrafficking – the promoting or facilitating movement to, from,or within the country for the purposes of prostitution or otherforms of sexual exploitation, with violence, threats, or fraudas aggravating elements, as opposed to necessary elementsof the offense. These articles prescribe penalties of three to12 years’ imprisonment, which are sufficiently stringent andcommensurate with those prescribed for other serious crimes,such as rape. These statutes prohibit movement of a person forthe purpose of prostitution, which is not a trafficking crime asdefined in the 2000 UN TIP Protocol. Other statutes prohibitsex trafficking that does not involve moving the victim.Some labor trafficking offenses are criminalized pursuant toarticle 149 of the penal code, which prohibits trabalho escravo, orreducing a person to a condition analogous to slavery. Article149, however, goes beyond situations in which people areheld in service through force, fraud or coercion and includessituations in which persons were subjected to exhausting workdays or degrading working conditions. This statute, therefore,prohibits some activities that are considered human trafficking,such as forced labor, as well as other conditions, such as poorlabor conditions, that are not considered human trafficking. Inpractice few convicted labor trafficking offenders have servedjail time in Brazil. Brazilian law does not appear to adequatelycriminalize non-physical coercion or fraud used to subjectworkers to forced labor, such as threatening foreign victimswith deportation unless they continue to work. Article 207 ofthe penal code does, however, prohibit fraudulent recruitmentof workers, with sentences of one to three years’ imprisonment.During the year, legislators presented several draft federaltrafficking laws, as well as new draft trabalho escravo laws, andlegislators called for higher sentences for trafficking crimes.Some Ministry of Justice officials echoed the need for increasedpenalties, noting that under current statutes many convictedtraffickers can serve their sentences under house arrest. Duringthe reporting period, both houses of Congress established
  • 37. 96BRAZILofficial committees to investigate sex trafficking in Brazil.Officials noted that delays in the justice system made it difficultto hold traffickers accountable for their crimes. The federaljudiciary partnered with the Ministry of Justice, Ministry ofLabor, the Federal Prosecutor’s office, state representativesand several diplomatic missions to launch a working groupon developing a judicial strategy against trafficking.In 2011, there were no reports of prosecutions or convictionsfor internal sex trafficking under Article 231-A, nor werethere any reported convictions for this crime in 2010 or 2009.The federal police reported investigating 67 transnationalsex trafficking cases, compared with 74 such investigationsduring the previous year. Authorities reported prosecuting fivetransnational sex trafficking cases and two convictions underArticle 231, with sentences of five years’ imprisonment; thetraffickers were free to appeal their convictions while out onbail. In comparison, four transnational trafficking offenderswere convicted under Article 231 during the previous year.In January 2012, Brazilian authorities worked with Mexicanofficials to extradite a German citizen previously convictedof transnational sex trafficking in Brazil in 2010.To investigate potential cases of trabalho escravo, the Ministryof Labor conducted 164 operations targeting 331 properties in2011, compared with 142 operations involving 310 propertiesin 2010. The federal police reported investigating 63 potentialcases of trabalho escravo in 2011, in comparison with 142 casesin 2010. In most cases, these investigations were in tandemwith Ministry of Labor operations. Many investigations werethe result of complaints filed by civil society organizationsor by labor authorities; the NGO that filed the most of thesecomplaints noted that only half of the cases they referredto authorities were investigated. There was no informationavailable regarding the total number of trabalho escravo civiland criminal suits filed in federal and labor courts in 2011; 177cases were filed in 2010. There were no comprehensive data onhow many labor traffickers federal and labor courts prosecutedduring the reporting period; however, media reports indicatedthat authorities convicted seven possible labor traffickingoffenders, including one former congressman, under thetrabalho escravo statute. Sentences for these seven convictedoffenders ranged from four to seven years and ten months’imprisonment. Three of these sentences were commuted tocommunity service, which in one case was fulfilled by thepayment of one month’s minimum wage salary to a healthcenter; other labor traffickers convicted in 2011 were eligible toappeal their convictions while out on bail or to serve sentencesin a half-way home. In comparison, authorities reported eightconvictions for trabalho escravo during the previous year. OneNGO noted that only ten percent of trabalho escravo caseswere criminally prosecuted. Civil society actors reportedthat there continued to be occasional confusion about whichauthorities were responsible for prosecuting trabalho escravocases, which resulted in delays in prosecutions. Furthermore,NGOs identified several cases of individuals and companieswith multiple accusations and investigations involving trabalhoescravo against them, indicating the difficulty in preventingrecurrence of this crime.The Ministry of Labor’s anti-trabalho escravo mobile units,created in 1995, continued to free laborers and require thoseresponsible to pay fines. Fines varied significantly in amount,and some were invested in anti-trafficking infrastructure. Itwas unclear how many fines were levied in 2011 and there isno public information on how many fines were paid. In somecases, mobile unit inspectors did not seize physical evidenceor attempt to interview witnesses with the goal of developinga criminal investigation or prosecution; labor inspectors andlabor prosecutors can only apply civil penalties, and theirefforts were not always coordinated with public ministryprosecutors, who initiate criminal cases in federal court,though federal prosecutors can use labor inspectors’ reports asvalid evidence in indictments. Local political pressure and theremoteness of areas in which rural trabalho escravo was prevalenthave been cited as impediments in the investigation of thesecases. Since the murder of three labor inspectors in 2004, a casein which the accused have yet to be tried, mobile inspectionteams were to be accompanied by federal police for physicalprotection. This did not always occur, and in some cases statelabor prosecutors reported being unable to investigate casesdue to a lack of federal police officers to accompany them.The Ministry of Labor released a manual on fighting trabalhoescravo for inspectors. In urban areas, particularly Sao Paulo,the shortage of labor inspectors, as well as difficulties inprosecuting companies who subcontracted with sweatshopsusing trabalho escravo, were cited as impediments to criminalprosecution of trafficking offenders, and in most casesinspectors only levied administrative fines.Credible NGOs continued to report instances of serious officialcomplicity in trafficking crimes at the local level, allegingthat police continued to turn a blind eye to child prostitutionand potential human trafficking activity in commercial sexsites. There were no reports of investigations, prosecutions,or convictions for official complicity involving sex traffickingduring the year. Some elected officials were reported to ownproperty where trabalho escravo occurred, and the SupremeCourt accepted cases against two congressmen under Article149 during the reporting period. Authorities trained lawenforcement officials and labor inspectors on how to identifytrafficking cases and assist victims, often in collaboration withcivil society organizations or foreign governments. Authoritiesreported launching an integrated national database that hasbeen in development for three years, but implementation wasuneven. This database collects information on sex traffickingand trabalho escravo, as well as other federal-level crimes, fromlaw enforcement, the judicial branch, and anti-traffickingoffices around the country.ProtectionThe Brazilian government maintained limited efforts to ensurethat trafficking victims had access to specialized servicesduring the year; although authorities operated regional anti-trafficking offices in 14 states, funding for victim services waslimited, and there were few specialized services or shelters forvictims of sex trafficking or forced labor. Authorities continuedto use mobile inspection teams to identify forced laborers,but did not report systematic procedures for identifying sextrafficking victims among other vulnerable populations,such as people in prostitution. There were no comprehensivestatistics regarding the number of sex trafficking victimsidentified and assisted during the year. The federal governmentdid not fund specialized shelters for trafficking victims. TheMinistry of Social Development provided generalized shelter,counseling, and medical aid to women through its nationwidenetwork of 187 centers and 72 shelters for victims of domesticviolence and sexual abuse, though it is unclear how manytrafficking victims received services at these centers. Thesecenters do not receive additional funding and some do notreceive training to handle trafficking cases, and many services
  • 38. BRAZIL97were limited due to lack of funding. Brazilian police continuedto refer child sex trafficking victims to the government-run specialized social service centers for care, where theycould be referred to legal and health services and offeredtemporary shelter for 24 hours, after which the childrenwere referred to families or to an alternate shelter. The onlygovernment-funded shelter specifically for trafficking victimsis in Salvador; it cared for female minors and was funded bythe state government with civil society support. NGOs notedsome government-run centers were not prepared or willingto handle trafficking cases and were underfunded. NGOsand international organizations provided additional victimservices, and authorities referred victims to NGOs during thereporting period for specialized care. A few NGOs receivedlimited funding from local governments, but most providedthese services without this support. Services for male andtransgender sex trafficking victims were lacking. Long-termshelter options for sex trafficking victims were generallyunavailable.The federal government, with assistance from an internationalorganization, continued to fund regional anti-traffickingoffices in partnership with state governments in Sao Paulo, Riode Janeiro, Goias, Pernambuco, Ceara, Para, Acre, and Bahia,and opened offices in Algoas, Amapa, the Federal District,Minas Gerais, Parana, Rio Grande do Sul, and a second officein Sao Paulo during the reporting period. These offices areresponsible preventing and combating human trafficking, aswell as coordinating victim assistance. NGOs reported that thequality of services varied, and that some centers focused onpublic awareness as opposed to victim care. During 2011, theSao Paulo office reported assisting 179 victims, 114 of whichwere transgender Brazilians. The office in Fortaleza reportedassisting 241 victims during the year. Authorities continuedto fund assistance posts at airports in Sao Paulo, Belem, Riode Janeiro and Fortaleza, to aid repatriated citizens whomight be trafficking victims. It also opened posts in Acre andAmazonas during the year; some of these posts functionedwith limited schedules.In 2011, the Ministry of Labor’s mobile units conducted 164operations that identified and freed 2,428 laborers in situationsof trabalho escravo: it is unclear how many of these laborers werevictims of forced labor. In comparison, authorities identifiedand freed 2,628 workers in 2010 with 142 operations. A studypublished during the year reported that only 13 percent ofworkers that had experienced strong indicators of forcedlabor were rescued by mobile units during their exploitativeexperience, suggesting that many exploited workers and forcedlabor victims remain unidentified. The government did notgenerally encourage victims of trabalho escravo to participate incriminal investigations or prosecutions. Forced labor victimswere not eligible for government-provided shelter assistance,though victims who were Brazilian citizens were providedwith unpaid wages plus three months’ salary at minimumwage, as well as job training and assistance when available.Although the Ministry of Labor reported awarding somevictims monetary compensation from fines levied againstemployers, in some cases authorities did not file for theseindemnities, and in other cases the victims did not receivethem due to non-payment by traffickers. However, authoritiesreported that rescued workers received approximately $3.4million in back-pay and damages in 2011. The state of MatoGrosso continued to fund a program to provide vocationaltraining in construction skills and other services to freed slavelaborers, and was one of the only states to do so. In partnershipwith a university and an NGO, the press reported that over25 workers received jobs building stadiums for the upcominglarge events through this program. According to NGOs andinternational organizations, a significant percentage of rescuedslave laborers have been re-trafficked, due to few alternateforms of employment and a lack of substantive assistanceand services. An NGO working with forced labor victims inMaranhao noted that none of the 70 rescued victims it assistedbetween 2009 and 2011 received any government assistancewith job training, lodging, or education.The government encouraged sex trafficking victims toparticipate in investigations and prosecutions of trafficking,although it did not report if any did so in 2011. Some victimswere reluctant to testify due to fear of reprisals from traffickersand corrupt law enforcement officials. NGOs allege thatpolice often dismissed cases involving sex trafficking victims,and some victims reported prejudicial treatment due to thefact that they had engaged in prostitution prior to beingsubjected to coercive conditions. In some states, victims ofsex trafficking were eligible for short-term protection under aprogram for witnesses, but this program was generally regardedas lacking sufficient resources. The government generally didnot detain, fine, or otherwise penalize identified victims oftrafficking for unlawful acts committed as a direct result ofbeing trafficked. Foreign victims of trafficking were eligiblefor permanent visa status; however, authorities did not reportif any victims received this status in 2011. Brazilian consularofficers received guidance on how to report trafficking casesand assist trafficking victims; however, a report released duringthe year noted that Brazilian victims exploited in Europe wereafraid to seek the assistance of consulate officials and, whenthey did so, were sometimes disappointed in the assistancethey received.PreventionThe Brazilian government maintained efforts to prevent humantrafficking last year in partnership with state governments,international organizations and NGOs. Authorities gatheredextensive civil society and federal, state, and local governmentinput to draft a second national plan for 2012-2016, as the firstnational plan ended in January 2010. As of April 2012, the planawaited the President’s signature. There was no permanentinteragency committee to address trafficking, but the NationalSecretary of Justice was responsible for coordinating anti-trafficking activities, including coordinating the interagencygroup developing the second national plan. Some states ormunicipalities had local-level anti-trafficking coalitions orcommittees. The national Commission to Eradicate Slave Labor,a permanent council composed of government agencies, NGOsand international organizations, continued to coordinateefforts against trabalho escravo, and eight states had localcommissions displaying varying degrees of activity. Civilsociety organizations, religious officials, foreign governmentsand various federal, state, and municipal agencies collaboratedon anti-trafficking initiatives. The federal police providedtraining to law enforcement officials in other Lusophonecountries.The Ministry of Labor publishes a “dirty list,” which publiclyidentifies individuals and corporate entities the governmenthas determined to have been responsible for trabalho escravoand are subject to civil penalties. While some NGOs, aninternational organization, and the Ministry of Labor cite the“dirty list” as an effective tool against trabalho escravo, a study
  • 39. 98BRUNEIhas found that many companies on the list were not subjectedto criminal prosecutions. The most recent version of the list,released in December 2011, added 52 new entries for a totalof 294 total employers, some of whom were denied access tocredit by public and private financial institutions because ofthis designation. Only two companies were taken off the list;the others were not deemed to have addressed irregularities,paid fines, and or avoided reoccurrence of trabalho escravoduring a two-year monitoring period.A hotline for victims of gender-based violence was expandedto receive toll-free calls from Italy, Spain, and Portugal; thevast majority of calls received by the hotline in 2011 relatedto domestic violence. Authorities continued partnerships withcivil society and the business sector to provide vocationaltraining to adolescents who were vulnerable to sexualexploitation. The government took public measures to reducedemand for commercial sexual exploitation of children byconducting a multi-media campaign during the 2012 Carnivalholiday period. There were no reported efforts to reduce thedemand for commercial sexual activity involving adults.Despite the significant number of child sex tourists visitingBrazil, there were no reports of prosecutions or convictions forchild sex tourism during the reporting period. The Braziliangovernment provided anti-trafficking training to its militarytroops prior to their deployment abroad on internationalpeacekeeping missions.BRUNEI (Tier 2)Brunei is a destination country and, to a much lesser extent,a source and transit country for men and women who aresubjected to forced labor and forced prostitution. Men andwomen from countries within the region, such as Indonesia,Bangladesh, China, the Philippines, and Malaysia, migrateto Brunei primarily for domestic work and are sometimessubjected to conditions of involuntary servitude after arrival.There are approximately 100,000 migrant workers in Brunei,some of whom face debt bondage, nonpayment of wages,passport confiscation, abusive employers, and confinementto the home – conditions widely recognized as indicatorsof human trafficking. Although it is illegal for employers inBrunei to withhold wages of domestic workers for more than10 days, some employers are known to withhold wages in orderto recoup labor broker or recruitment fees or as a tool withwhich to maintain the service of the workers. While officialsattempt to ensure that workers understand the contracts byreviewing the details and witnessing the signatures, foreignnationals continue to have difficulties understanding thecontract stipulations as many do not speak the local languageor lack basic literacy skills. Many victims enter the countryon social visit passes or tourist visas.The Government of Brunei does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the reportingperiod, the government increased its anti-trafficking efforts,particularly in the areas of law enforcement and publicawareness. It investigated eight human trafficking cases usingits 2004 anti-trafficking law, in comparison with zero casesinvestigated during the previous year. From among theseinvestigations, the Government of Brunei prosecuted its firsttwo trafficking cases. In addition, authorities established ananti-trafficking unit within the Royal Brunei Police Force inAugust 2011. During the year, the government identified andassisted one trafficking victim, in contrast to the previousyear when no victims were identified. However, the Bruneiangovernment has failed to fully implement formal proceduresto proactively identify victims of trafficking. The governmentallocated resources toward a new unit within the police forcededicated to trafficking investigations and enforcement,increased training and assistance from outside experts, andconducted anti-trafficking prevention campaigns. New effortsrelated to the monitoring of fraudulent labor recruitmentand the exploitation of forced labor were implemented butremained insufficient; the issues of confiscation of traveldocuments and nonpayment of wages were not adequatelyaddressed.Recommendations for Brunei: Differentiate between humantrafficking and smuggling in legal protocol and trainings, anddisaggregate data collection on law enforcement efforts tocombat these separate crimes; continue to increase the numberof investigations and prosecutions of both sex and labortrafficking offenses using the anti-trafficking law and convictand punish trafficking offenders; adopt and implementproactive procedures to identify victims of trafficking amongvulnerable groups, such as migrant workers and females inprostitution; enforce stringent criminal penalties against thoseinvolved in fraudulent labor recruitment or exploitation offorced labor; prosecute employers and employment agencieswho unlawfully confiscate workers’ passports as a means ofextracting forced labor; continue cooperative exchanges ofinformation about trafficking cases with foreign governmentsin order to arrest and prosecute traffickers who enter Brunei;continue to ensure that victims of trafficking are not threatenedor otherwise punished for crimes committed as a direct resultof being trafficked; develop a national plan of action for anti-trafficking matters; become a party to the 2000 UN TIPProtocol; and continue to support comprehensive and visibleanti-trafficking awareness campaigns directed at employersof foreign workers and clients of the sex trade.ProsecutionThe government demonstrated increased progress in itsanti-trafficking law enforcement efforts during the past year.The Government of Brunei prohibits both sex and labortrafficking through its Trafficking and Smuggling PersonsOrder of 2004, which prescribes punishments of up to 30years’ imprisonment. These punishments are sufficientlystringent and commensurate with penalties prescribed forother serious offenses, such as rape. In February 2012, thegovernment initiated the prosecution of its first trafficking case,which involved a Malaysian couple who allegedly recruitedand received an Indonesian adult domestic maid for thepurposes of forced labor, extracted by means of physicalabuse and deception. The government initiated prosecutionof a second trafficking case in March 2012, which involveda Thai national who allegedly subjected three Thai womento forced prostitution. The Bruneian government officially
  • 40. BULGARIA99formed a dedicated anti-trafficking law enforcement unit –the Heads of Specialist Trafficking Unit within the RoyalBrunei Police Force – in August 2011. During the year, thegovernment continued to rely on mediation or administrativeaction rather than criminal penalties in labor-related offenses.One military officer received a punishment of a fine andlicense cancellation for failure to pay wages to his employees.Authorities also investigated and concluded two othercases regarding the same offense, but they did not provideinformation regarding prosecutions or prescribed punishmentsor report investigating these labor cases to collect traffickingevidence. The Government of Brunei collaborated with theAssociation of Southeast Asian Nations’ law enforcementorganization, ASEANAPOL, participated in the Bali Processon trafficking in persons, and sent 10 police officials to ananti-trafficking training hosted by French police officials.ProtectionThe Government of Brunei’s efforts to identify and protecttrafficking victims during the reporting period were modest.In early 2012, the government enacted several amendmentsto the penal code in order to further curb commercial sexualexploitation among children. In collaboration with the RoyalBrunei Police Force, these additions and changes to the lawsprovide prosecutors with the capacities to prosecute and convicta wider array of sexual offenses. For example, stricter penaltiesare imposed for utilizing technology or traveling abroad toexhibit crude sexual behavior involving children under the ageof 18. The government has not widely implemented proactiveprocedures to systematically identify victims of traffickingamong vulnerable groups, such as foreign workers andindividuals in prostitution, but it has increased training andinteragency coordination, and sought technical assistance fromoutside experts in order to do so. Authorities made minimalefforts to proactively identify suspected trafficking victims,identifying one victim, to whom medical assistance wasprovided. While immigration authorities actively identifiedand charged violators of immigration laws, there were nocases reported of authorities screening for, identifying, orassisting trafficking victims among immigration violatorsduring the reporting period. During the year, police reportedthat women found in prostitution were allowed to stay ata government-run shelter and were not fined or convictedof any charges, representing significant improvement overprior years. Three foreign nationals were initially arrestedfor prostitution offenses but were subsequently treated astrafficking victims; Bruneian authorities provided the victimswith shelter and repatriation at their request before they weredeported. However, there continued to be no safeguardsin place to reduce the risk of hardship, retribution, or re-trafficking of those deported. Police officials reported thatwhile judicial proceedings are ongoing, victims are no longerdetained in prison in close proximity to their traffickers andare encouraged to assist in investigations. The governmentmaintained three general-purpose shelters that could be usedto assist trafficking victims, but it continued to coordinate withand rely on shelters run by foreign embassies to house theirown nationals; victims were not specifically notified of otheroptions. The Ministry of Home Affairs provided funding fora shelter to accommodate trafficking victims and individualsfound in prostitution; however, men were not protected underthis provision. Bruneian officials have begun to issue specialimmigration passes to suspected trafficking victims, whichpermit them to remain in Brunei during investigations.PreventionThe Bruneian government expanded prevention effortsduring the reporting period. In an effort to prevent labortrafficking, the Labor Department began enforcing licensingrequirements for all labor recruitment agencies in early 2012,requiring a monetary deposit and company-wide as well asindividual background checks. Recruiters were also requiredto register with the government, and the government installedposters to raise awareness of and encourage compliance withlabor and immigration laws. The government continued topublicize, through the local media, a confidential hotline forreporting trafficking and labor issues; however, the numberof calls received through this hotline has never been reported.During the reporting year, the Department of Labor andthe Immigration Department conducted nationwide roadshows to publicize workers’ rights and various indicatorsof forced labor, such as nonpayment of wages. In addition,the anti-trafficking police unit led a poster campaign toinform the general public about possible human traffickingindicators; however, no specific populations were targeted,and the campaigns were not solely related to trafficking inpersons. The public awareness campaign also included frequenttelevision public service announcements. The government-influenced press disseminated stories regarding the prosecutionof the first two Bruneian trafficking cases. Authorities issueda poster and bumper sticker discouraging child sex tourism,along with a phone number to call to report such offenses.The government has not drafted a national action plan againsttrafficking in persons, and sufficient resources have not beendesignated or allotted to this regard. Brunei is not a party tothe 2000 UN TIP Protocol.BULGARIA (Tier 2)Bulgaria is a source and, to a lesser extent, a transit anddestination country for women and children who are subjectedto sex trafficking, and men, women, and children subjected toconditions of forced labor. Bulgarian women and children aresubjected to sex trafficking within the country, particularly inresort areas and border towns, as well as in the Netherlands,Belgium, France, Austria, Italy, Germany, the United States,the Czech Republic, Finland, Greece, Spain, Norway, Poland,Switzerland, Turkey, Cyprus, Macedonia, and South Africa.Ethnic Roma men, women, and children are particularlyvulnerable to becoming trafficking victims and represent asignificant share of identified trafficking victims. Bulgarianmen, women, and children are subjected to conditions of forcedlabor in Greece, Italy, Spain, the Czech Republic, Sweden,Norway, Cyprus, and Iraq. Some Bulgarian children are forcedinto street begging and petty theft within Bulgaria and alsoin Greece, Italy, and the United Kingdom.The Government of Bulgaria does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During thereporting period, the Government of Bulgaria sustained itshigh conviction rate and sent a larger percentage of convictedtrafficking offenders to prison. While the governmentprosecuted roughly the same number of individuals fortrafficking crimes as 2010, it investigated fewer cases in 2011.Prosecutors initiated prosecutions of two police officers inthe reporting period, although they investigated fewer publicofficials overall. Although the government identified fewervictims, it continued to make effective use of its national
  • 41. 100BULGARIAreferral mechanism, adopted in late 2010, to assist morevictims. The government improved the operation of its twoshelters for adult trafficking victims, providing services tosignificantly greater numbers of women than in previous years.The Government of Bulgaria continued its robust preventionefforts such as outreach campaigns targeting vulnerablepopulations, including Roma communities.Recommendations for Bulgaria: Continue efforts toinvestigate, prosecute, and convict government officialscomplicit in trafficking, and ensure that guilty officials receivecriminal punishment; continue efforts to investigate, prosecute,and convict trafficking offenders and ensure that a majorityof convicted offenders serve time in prison; sustain efforts toensure that no victims of trafficking are punished for actscommitted as a direct result of being trafficked; continueefforts to reduce human trafficking, including extendingprevention activities to more schools with a majority of Romachildren; continue to increase the number of victims referredby government officials to service providers for assistance;take legislative action to prohibit the prosecution of traffickingvictims for acts committed as a direct result of their beingtrafficking.ProsecutionThe Government of Bulgaria demonstrated increasedoverall law enforcement efforts during the reporting period.Bulgaria prohibits trafficking for both sexual exploitationand forced labor through Article 159 of its Criminal Code,which prescribes penalties of between two and 15 years’imprisonment for convicted offenders. These penalties aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. In 2011, police conducted119 sex trafficking investigations and nine labor traffickinginvestigations, compared with 149 sex trafficking and 11 labortrafficking investigations conducted in 2010. Authoritiesprosecuted 102 individuals for sex trafficking and 13 for labortrafficking in 2011, compared with 113 persons prosecuted forsex trafficking and five for labor trafficking in 2010. A total of112 trafficking offenders were convicted in 2011 – 95 for sextrafficking and 17 for labor trafficking offenses – compared with112 sex trafficking offenders and five labor trafficking offendersconvicted in 2010. Only 54 of the 112 convicted traffickingoffenders were sentenced to any time in prison, however,with sentences ranging from three to 13 years’ imprisonment,compared with 43 of 117 convicted trafficking offenderssentenced to imprisonment in 2010. In 2011, the NationalInstitute of Justice provided trafficking-specific training to 10police officers, 14 investigators, 37 prosecutors, and 22 judges.In November, with the support of an NGO, the governmentheld a seminar for 60 police officers, local officials, and NGOrepresentatives on forms of international police cooperationand best practices in countering trafficking for both sexual andlabor exploitation. Bulgarian law enforcement officials alsocollaborated on joint human trafficking investigations withlaw enforcement counterparts from nine other governments.There were continued reports of trafficking-related complicityof government officials during the reporting period, includingreports of government officials who provided sensitive lawenforcement information to traffickers and intentionallyhindered the investigations of high-level traffickers. Thegovernment demonstrated inadequate efforts in combatingthis complicity. Seven police officers were investigated forpotential complicity in human trafficking in 2011, comparedwith 12 officers investigated in 2010. While the governmentprosecuted other officials for crimes related to facilitatingthe acquisition of fraudulent identity documents, it did notsufficiently investigate these cases to determine if the crimesentailed human trafficking as opposed to human smuggling.ProtectionThe Government of Bulgaria made modest progress inprotecting victims of trafficking in the reporting period.The government spent $27,000 in 2011 on victim assistanceprograms. The government continued implementing a nationalreferral mechanism, adopted in 2010, to ensure that traffickingvictims were identified and referred to specialized services.This mechanism divides victim identification into formal andinformal stages, allowing victims to be identified and providedwith assistance regardless of their readiness to cooperate withpolice investigations. In 2011, the government’s prosecutionservice identified a total of 512 victims of trafficking, including70 child victims, compared with 558 identified victims in2010, 89 of which were children. Of the 512 victims, 404were victims of sex trafficking and 108 suffered from laborexploitation. The government identified no foreign victims in2011, compared to one foreign victim identified in 2010. NGOsidentified an additional 55 to 91 victims in 2011, compared to55 victims in 2010. Victims who did not cooperate with policeinvestigations were not included in the official governmentstatistics; however, law enforcement did not discriminateagainst those who did not cooperate and routinely referredthem to NGOs. The government assisted a total of 150 victimsof trafficking through its national referral mechanism, anincrease from 110 in 2010. The national government, incooperation with local governments, continued to fund twostate-run trafficking shelters that provided long-term assistance,including medical and reintegration services for adult women;the shelters accommodated nine victims during the reportingperiod. Trafficking victims were permitted to enter and leavethe shelters freely. No trafficking-specific government or NGOshelters were available to male victims of trafficking. Thegovernment continued to operate 11 crisis centers for childvictims of violence that provided shelter and psychologicaland medical assistance to approximately 67 child victims oftrafficking in 2011, compared to 79 in 2010. Foreign victims oftrafficking were eligible for all assistance available to Bulgarianvictims of trafficking. The government encouraged victims toassist in trafficking investigations and prosecutions; all 512victims identified by the prosecution chose to cooperate withlaw enforcement in 2011. At least two women were placed inwitness protection in 2011. Foreign victims who cooperatedwith law enforcement were eligible to stay in Bulgaria for theduration of the criminal proceedings before deportation ormandatory repatriation. Foreign victims who chose not tocooperate in trafficking investigations are permitted to remainin Bulgaria for 40 days for recovery before being returned totheir country of origin; the recovery period for foreign childvictims was 70 days. There were no reports of traffickingvictims punished for unlawful acts that they committed aspart of their being trafficked.
  • 42. BURKINAFASO101PreventionThe Bulgarian government demonstrated significant effortsto prevent human trafficking during the reporting period.The government spent approximately $37,000 in 2011 onprevention activities. In October, the government implementedits annual major campaign, “Human Trafficking – Time forAction,” which in 2011 cost $27,000 and utilized booklets,postcards, book separators, CDs, video and audio spots onmajor radio and television stations, outdoor advertisements,and campaign branding of three central metro stationsin Sofia. The government also trained 180 teachers inengaging students in interactive discussions on trafficking.The National Commission for the Fight against Traffickingin Persons continued to serve as the government’s focalpoint for coordinating anti-trafficking efforts. Six regionalcommissions operating under the national commissioncarried out trafficking prevention campaigns during theyear. For instance, in July, the local commission in Pazardzhikorganized a prevention campaign targeting the local Romanicommunity during which it distributed information brochures,T-shirts, and hats. The National Commission routinely referredinformation of potentially fraudulent job offers to the LaborMinistry’s Inspectorate for investigation and administrativepunishment; in 2011, the Commission referred 11 such cases.The government operated mobile child protection units toidentify vulnerable street children. The government alsodemonstrated efforts to reduce demand for commercial sexacts by emphasizing the punishments for offenders in itsawareness campaigns. The Bulgarian government participatedin a number of regional conferences, including hosting aseminar on labor trafficking in June 2011 that was attendedby representatives from nine European countries. At the closeof the reporting period, the Government of Bulgaria haddeveloped but not yet adopted its 2012 national action planfor combating human trafficking.BURKINA FASO (Tier 2)Burkina Faso is a country of origin, transit, and destinationfor women and children subjected to forced labor and sextrafficking. Burkinabe children are subjected to forced labor asfarm hands, gold panners and washers, street vendors, domesticservants, and beggars recruited as pupils by individuals posingas religious teachers. Girls are exploited in the commercialsex trade. Burkinabe children are transported to Cote d’Ivoire,Mali, or Niger for subsequent forced labor or sex trafficking.Burkina Faso is a transit country for traffickers transportingchildren from Mali to Cote d’Ivoire, and is a destination forchildren trafficked from other countries in the region, such asGhana, Guinea, Mali, and Nigeria. To a lesser extent, traffickersrecruit women for ostensibly legitimate employment in Europeand subsequently subject them to forced prostitution. Womenfrom other West African countries are fraudulently recruitedfor employment in Burkina Faso and subsequently subjectedto situations of forced prostitution, forced labor in restaurants,or domestic servitude in private homes.The Government of Burkina Faso does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Thegovernment recognizes that sex trafficking and forced laborare a problem in the country, and continued efforts to identifychild victims. In 2011, it identified 1,282 child traffickingvictims. Despite this achievement, the government did not takesteps to identify adult victims of trafficking among vulnerablepopulations. The government sustained anti-trafficking lawenforcement efforts which led to the arrest of 13 suspectedtraffickers and the conviction of three trafficking offenders.However, the government struggled to compile complete dataon its law enforcement efforts.Recommendations for Burkina Faso: Strengthen the systemfor collecting anti-trafficking law enforcement data and ensurethat authorities responsible for data collection are suppliedwith adequate means for accessing and compiling thisinformation; while distinguishing between human traffickingand the separate crimes of abduction and child selling, increaseefforts to prosecute and convict trafficking offenders andapply appropriate penalties as prescribed by the May 2008anti-trafficking law; train law enforcement officials to identifytrafficking victims among vulnerable populations, such aswomen in prostitution and children working in agricultureand mining, and refer them to protective services; includeadults in the Ministry of Social Action’s yearly victimidentification targets; and while continuing to fund transitcenters and vocational training programs, develop a formalreferral mechanism for coordinating with NGOs to providevictims with long-term care.ProsecutionThe government sustained its anti-trafficking law enforcementefforts during the year, though the number of casesinvestigated and prosecuted continued to be few comparedwith the significant number of victims identified in 2011. Thegovernment also struggled to compile complete data on suchefforts. The May 2008 anti-trafficking law prohibits all formsof trafficking and prescribes maximum penalties of 10 years’imprisonment; these penalties are sufficiently stringent andcommensurate with prescribed penalties for other seriousoffenses, such as rape. The government reported investigating10 suspected trafficking cases in 2011. Thirteen individualprosecutions were initiated and three persons were convicted,a decrease in investigations and convictions compared with theprevious year. A Nigerian man and woman were convicted oftrafficking 11 Nigerian girls for forced prostitution and receivedsentences of 24 and 36 months’ imprisonment, respectively.The government did not provide information on the statusof the 11 additional prosecutions initiated in 2011, or theinvestigations that remained pending at the close of theprevious reporting period. The Ministry of Social Actiondisseminated anti-trafficking policies and procedures to lawenforcement and border officials throughout the country,and in December 2011, government officials finished ayear-long IOM-supported anti-trafficking program, duringwhich Burkinabe officials presented best practices observedthroughout West Africa to counterparts from Cote d’Ivoireand Niger. There were no reports of government officials’complicity in trafficking cases; however, law enforcementefforts remain hindered by limited human and financialresources and general corruption in the judiciary.
  • 43. 102BURMAProtectionThe Government of Burkina Faso sustained its efforts toidentify and provide protective services to large numbersof child trafficking victims during the year, but did notidentify or provide services to any trafficked adults. In 2011,the Ministry of Social Action (MSA) identified 1,112 childvictims of Burkinabe origin – 662 boys and 450 girls. Thegovernment also reported another 170 child victims from othercountries. The MSA worked with donors and the diplomaticrepresentatives of neighboring countries to repatriate victimsof non-Burkinabe origin. The Government of Burkina Fasocollaborated on two cases with the Governments of Coted’Ivoire and Mali to repatriate victims to Burkina Faso. Duringthe year, the government continued to operate 23 multi-purpose transit centers, in collaboration with UNICEF, andreferred an unknown number of victims to these centersto receive food, medical care, and clothing before beingreunited with their families. To complement funding fromUNICEF and other donors, the government allocated $20,000to assist the police border patrol’s anti-trafficking activitiesand to provide ongoing funding for the transit centers. Thegovernment allows foreign citizens to apply for asylum if theyfear they will face hardship or retribution if returned to theircountry of origin, although no trafficking victims sought thisprotection during the year. The aforementioned Nigeriantrafficking victims worked with Burkinabe law enforcement toprovide information during the investigation, which enabledauthorities to arrest and prosecute the traffickers. There wereno reports that trafficking victims were penalized for unlawfulacts committed as a direct result of being trafficked.PreventionThe Government of Burkina Faso sustained moderate efforts toprevent trafficking in persons. The MSA printed and distributed3,000 informational flyers in four local languages on the risksof human trafficking. The government hosted lectures, filmdiscussions, and theater forums focused on child labor andtrafficking, and also used nationwide radio and televisionstations to broadcast anti-trafficking programs. The Ministryof Territorial Administration, Decentralization, and Securityconducted periodic raids of sites vulnerable to trafficking,such as brothels and farms. The country’s national committeefor the coordination of anti-trafficking activities, led by theMinister of Social Action, held its inaugural meeting in October2011 during which it set out its goals for the coming year.Regional vigilance and surveillance committees, comprisedof local officials and community leaders who defend childrenfrom various forms of exploitation, met during the year tocoordinate activities to identify and assist potential victims,although it is unclear if they assisted any trafficking victims.The government undertook measures to decrease the demandfor forced labor by increasing the number of labor inspectorsit trained and employed to 170. The government did not takesteps to reduce the demand for commercial sex acts. Thegovernment provided Burkinabe troops with anti-traffickingand human rights training prior to their deployment abroadon international peacekeeping missions.BURMA (Tier 2 Watch List)Burma is a source country for men, women, and children whoare subjected to forced labor and for women and childrensubjected to sex trafficking in other countries. Many Burmesemen, women, and children who migrate for work in Thailand,Malaysia, China, Bangladesh, India, and South Korea aresubjected to conditions of forced labor or sex trafficking inthese countries. Poor economic conditions within Burmahave led to increased legal and illegal migration of Burmesemen, women, and children throughout East Asia and todestinations in the Middle East, where they are subject toforced labor and sex trafficking. For example, men are subjectedto forced labor in the fishing and construction industriesabroad. Some Bangladeshi trafficking victims transit Burmaen route to Malaysia, while Chinese victims transit Burma enroute to Thailand. The government is beginning to addressthe systemic political and economic factors that cause manyBurmese to seek employment through both legal and illegalmeans in neighboring countries, where some become victimsof trafficking.Trafficking within Burma both by government officials andprivate actors continues to be a significant problem. Militarypersonnel and insurgent militia engage in the unlawfulconscription of child soldiers and they continue to be theleading perpetrators of forced labor inside the country,particularly in conflict-prone ethnic areas. Since the dissolutionof a ceasefire with the Kachin Independence Army in June 2011,fighting has displaced an estimated 60,000 Kachin residents,who are highly vulnerable to forced labor and sex trafficking.An NGO study published in 2010 found an acute problem inChin State, where a survey of over 600 households indicatedthat over 92 percent experienced at least one instance of ahousehold member subjected to forced labor; the Burmesemilitary reportedly imposed two-thirds of these forced labordemands. Because authorities refuse to recognize membersof certain ethnic minority groups (including the Rohingyas)as citizens and do not provide them with identificationdocumentation, members of these communities are morevulnerable to trafficking. Military and civilian officials havefor years systematically forced men, women, and children intoworking for the development of infrastructure, in state-runagricultural and commercial ventures, and as porters for themilitary. Government authorities use various forms of coercion,including threats of financial and physical harm, to compelhouseholds to provide forced labor. Those living in areaswith the highest military presence, including remote borderareas populated by minority ethnic groups, are most at riskfor forced labor. The Kachin ethnic minority are particularlyvulnerable to trafficking due to an ongoing conflict betweenthe Burma Army and the Kachin Independence Army. Militaryand civilian officials subject men, women, and children toforced labor, and men and boys as young as 11 years old areforced through intimidation, coercion, threats, and violence toserve in the Burma Army as well as the armed wings of ethnicminority groups. Some observers estimate that thousands ofchildren are forced to serve in Burma’s national army in part asa way of offsetting desertions. Children of the urban poor areat particular risk of conscription. Past UN reports indicate thatthe army has targeted orphans and children on the streets andin railway stations, and young novice monks from monasteriesfor recruitment. Anecdotal reports indicate that children arethreatened with jail if they do not agree to join the army, andare sometimes physically abused. Children are also subjectedto forced labor by private individuals and groups, in tea shops,home industries, agricultural plantations, and as beggars.Exploiters subject girls to sex trafficking, particularly in urbanareas. Anecdotal evidence suggests that a small number offoreign pedophiles occasionally exploit Burmese children in
  • 44. BURMA103the country, and observers expressed concern over a possibleincrease in this problem as tourism increases.The Government of Burma does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. The Burmesegovernment took a number of unprecedented steps to addressforced labor and the conscription of child soldiers; thesesteps amount to a credible commitment to undertake anti-trafficking reforms over the coming year. Authorities continuedsignificant efforts to address the cross-border sex traffickingof women and girls, and inaugurated a national hotline torespond better to public complaints of all forms of humantrafficking. The government repealed antiquated laws thatsanctioned its use of forced labor; enacted new legislationthat clearly prohibits forced labor imposed by any entity;and embarked on an ambitious new plan of action with theILO to eradicate forced labor by 2015. Nevertheless, forcedlabor of civilians and the recruitment of child soldiers byboth military officials and private entities remained seriousproblems. Previous government human rights abuses andeconomic mismanagement , coupled with the Burma military’scontinued widespread use of forced and child labor as well asrecruitment of child soldiers, underpinned Burma’s significanttrafficking problem, both within the country and abroad. Theclimate of impunity and repression and the government’s lackof accountability in forced labor and the recruitment of childsoldiers represent the top casual factors for Burma’s significanttrafficking problem.Recommendations for Burma: Complete and implementthe terms of the ILO action plan for the elimination of forcedlabor offenses perpetrated by government employees,particularly military personnel; take additional measures toconfront the unlawful conscription of children into themilitary and ethnic armed groups, including the criminalprosecution and punishment of offenders; increase efforts toinvestigate and sanction, including through criminalprosecution, government and military perpetrators of internaltrafficking offenses, including child soldier recruitment andother such crimes; actively identify and demobilize all childrenserving in the armed forces; continue improving UN accessto inspect recruitment centers, training centers, and militarycamps in order to identify and support the reintegration andrehabilitation of child soldiers; cease the arrest andimprisonment of children for desertion or attempting to leavethe army and release imprisoned former child soldiers;enhance partnerships with local and international NGOs toimprove victim identification and protection efforts, includingvictim shelters; develop and implement formal victimidentification and referral procedures; and focus more attentionon the internal trafficking of women and children forcommercial sexual exploitation.ProsecutionThe Government of Burma reported continued lawenforcement efforts against trafficking of women and girlsacross international borders during the year, including forforced marriages. It failed to demonstrate discernible progressin investigating, prosecuting, and convicting perpetratorsof internal trafficking – particularly the military’s forcedconscription of soldiers, including child soldiers, and useof forced labor. The government continued to detain nineindividuals arrested in prior years for labor activism andother labor activities. The ILO continued to voice its concernover the detention of these nine individuals. In February2012, parliament repealed two antiquated colonial-era lawsthat had provided explicit legal sanction for governmentemployees’ use of forced labor among the citizenry – the 1907Villages and Towns Acts. At the same time these antiquatedlaws were repealed, the government enacted the Wards andVillage Tracts Administration Act which, after its amendmentin March 2012, explicitly prohibits and punishes the use offorced labor by any entity.Burma prohibits sex trafficking and labor trafficking throughits 2005 Anti-Trafficking in Persons Law, which prescribescriminal penalties that are sufficiently stringent andcommensurate with those prescribed for rape. Engaging inforced labor, including the recruitment of children into thearmy, is a criminal offense under both the new Wards andVillage Tracts Administration Act and Penal Code Section 374,which could result in imprisonment for up to one year, or afine, or both. In addition, forced labor is prohibited underSection 359 of Burma’s 2008 Constitution. The power andinfluence of the Burmese military continued to limit theability of civilian police and courts to address cases of forcedlabor and the recruitment of child soldiers by the armedforces. Without assent from high-ranking military officers, lawenforcement officials generally were not able to investigate orprosecute such cases. During the year, however, the Ministryof Defense reported its own efforts to investigate and punishmilitary personnel for their involvement in recruiting childrenfor military service.Through 26 Anti-Trafficking Task Forces operating in keycities and at international border crossings, the policecontinued to identify and investigate trafficking offensesand to arrest suspected trafficking offenders. The Governmentof Burma reported investigating 136 cases of trafficking,and prosecuting 231 offenders in 2011 – 160 of whom werefemale – compared to 234 convicted in 2010. Burmese courtproceedings continued to lack transparency and due processfor defendants. Burma’s judiciary lacks sufficient independencefrom military authorities; international organizations andNGOs were often unable to verify court statistics provided bythe government. Additionally, limited capacity and training ofthe police coupled with the lack of transparency in the justicesystem make it uncertain whether all trafficking statisticsprovided by authorities were indeed for trafficking crimes.Corruption and lack of accountability remain pervasive inBurma, affecting all aspects of society; officials frequentlyengage in corrupt practices with impunity. Police can beexpected to self-limit investigations when well-connectedindividuals are involved in forced labor cases. Although theMinistry of Defense reported its discipline of some personnelfor trafficking offenses, the government did not report anycriminal prosecutions, convictions or serious punishment ofgovernment officials for their complicity in human trafficking.
  • 45. 104BURMADuring the year, a foreign donor provided some training topolice officials on human trafficking.During the year, the government showed unprecedentedcooperation with the ILO and other international partnersin discussing remedies for the long-standing problems offorced labor and child soldier conscription committed bymembers of the military or civilian administrators. The ILOcontinued to receive and investigate forced labor complaints;324 were received in 2011, of which 236 involved allegedconscription of children for military service. The ILO submitted145 cases to the Burmese government for action in 2011.The government resolved 80 cases; 65 cases are pendingresolution by the government and six cases were closed withan “unsatisfactory outcome,” according to the ILO. For the firsttime in several years, the Ministry of Defense provided dataon military personnel disciplined for forced labor offenses:four officers and 37 enlisted personnel were punished for“improper recruitment,” though none of these offenders wereimprisoned. The four officers received official reprimands and,of the 37 enlisted personnel, 22 received reprimands, nine weresuspended without pay for seven days, five were suspendedwithout pay for 14 days, and one was reduced in rank.ProtectionThe Burmese government made progress in ensuring thatvictims of trafficking were identified and received access toservices. In September 2011, the government inaugurated anational trafficking hotline that has since led to the rescue of57 victims of trafficking. In addition, the government launchedan anti-trafficking website in February 2012. Governmentofficials in 2011 identified 177 victims of trafficking, including14 males. Sixty-nine percent of the victims identified werewomen and girls subjected to forced marriage in China(incontrast to the 82 percent of victims identified in 2010 whowere subject to this form of trafficking) The remaining 31percent of victims identified and assisted in 2011 consistedof internal labor and sex trafficking and the forced labor ofBurmese nationals in other countries. During a presentationof these statistics, a senior Burmese official remarked that –though the figures depict a growing share of labor traffickingvictims – the government’s data still underrepresented thetrue magnitude of forced labor problem. The government inMarch 2012 established a Human Trafficking Fund to supportimproved assistance to victims of trafficking, and in 2011 itdisbursed a total of $5,400 to 16 victims in compensationfrom the seized property of traffickers. As part of its jointimplementation of the ILO complaints mechanism for forcedlabor, the government identified and released 57 childrenwho had been recruited into military ranks. UN sourcesreported nearly complete success in securing the release ofall children identified as having been recruited. The Burmesemilitary, however, has not yet proactively collected evidenceof child soldiering or initiated investigations on its own. Inanother positive development, there were no new cases in2011 of complainants being harassed, detained, or otherwisepenalized for making accusations against officials who hadforced them into labor. Furthermore, most complainants whohad been imprisoned during the previous year were releasedduring the reporting period.Authorities reported assisting 229 Burmese victims identifiedand repatriated by foreign governments in 2011, including 147from China and 72 from Thailand. This represented a decreasefrom 348 victims repatriated to Burma by foreign authoritiesin 2010. In previous years, repatriated Burmese victims wereinvoluntarily placed in Department of Social Welfare (DSW)rehabilitation centers for a mandatory minimum of twoweeks, which stretched into months if authorities couldnot find an adult family member to accept responsibilityfor the victim. The government ceased this practice in late2011, in line with international norms on trafficking victimprotections. Victims repatriated since September 2011 havebeen given the option of going to a government rehabilitationcenter or returning to their communities immediately. In late2011, the government also produced and disseminated, withIOM assistance, a set of government guidelines for socialservice providers on the appropriate handling and care oftrafficking victims. Nevertheless, the government’s provisionof resources to longer-term support for trafficking victimsremained meager. While in government facilities, victimsreceived basic medical care and had access to counseling,which was often substandard. Victims had very limited accessto psychosocial counselors. There remained no shelter facilitiesavailable to male victims of trafficking. NGOs were sometimesallowed access to victims in government shelters, but thegovernment continued to bar NGOs from operating sheltersfor trafficking victims. The government has employed formalvictim identification procedures in place since 2006. Whilethe government reported that it encouraged victims to assistin investigations and prosecutions, there was no evidencethat officials provided financial support or other assistanceto victims as incentives to participate in the prosecution oftheir traffickers. Although victims have the right to file civilsuits against their traffickers, the government did not provideaccess to legal assistance to enable victims to do so.PreventionThe Government of Burma increased its efforts to prevent allforms of human trafficking over the last year. The government’sCentral Body for the Suppression of Trafficking in Persons(CB-TIP), comprising representatives from 26 agenciesand some NGOs, increased its activity in coordinating thegovernment’s anti-trafficking programs and policies. In 2011,two organizations considered government-affiliated weredropped from the CB-TIP’s membership – the Women’s AffairsFederation and the Union Solidarity Development Association.The CB-TIP met regularly throughout the year and in March2012 released a new five-year (2012-2016) national plan ofaction on human trafficking at a gathering of government,NGOs and foreign diplomats. In late 2011, the CB-TIP oversawthe establishment of 16,589 community-based anti-traffickingwatch groups, although the vast majority of these groups havenot yet received any training.During the reporting period, the Ministry of Labor took anumber of unprecedented steps to improve the preventionof forced labor of Burmese citizens at home and abroad. Inlate 2011, the deputy minister of labor negotiated with theThai government for the placement of a labor attaché at theBurmese embassy in Thailand and the opening of five laborassistance centers in Thailand, to be staffed by Burmese laborministry personnel. The centers, which the Thai governmenthas not yet approved for opening, will help expatriate Burmeseworkers with obtaining Burmese identity documents and otherassistance. The Burmese labor ministry also collaborated withthe Thai government in attempting to increase the number ofBurmese workers sent to Thailand through the framework ofthe 2003 Burma-Thailand MOU on migrant labor.
  • 46. BURUNDI105The government continued awareness campaigns throughbillboards, flyers, and public talks during the reporting period.The CB-TIP held coordination meetings among domestic andinternational organizations throughout the year. As part ofits partnership with the ILO, the government disseminatedthroughout the country a brochure on forced labor printed in anumber of indigenous languages. Additionally, informationalbillboards and booths were posted at bus and railway stationsand at airports to increase public awareness. UN sources reportthey were allowed increased access to military recruitmentcenters, where they conducted training courses for militaryand civilian officials throughout the year. During the year,Burmese authorities reported they had convicted one foreignerof conspiring to procure children for sexual exploitation, andsentenced him to 10 years’ imprisonment. The governmentdid not make any discernible efforts to reduce the demandfor forced labor inside Burma during the reporting period.BURUNDI (Tier 2 Watch List)Burundi is a source country for children and possibly womensubjected to forced labor and sex trafficking. Children and youngadults are coerced into forced labor on plantations or small farmsin southern Burundi, small-scale menial labor in gold mines inCibitoke, labor intensive tasks such as fetching river stones forconstruction in Bujumbura, or informal commerce in the streetsof larger cities. Some traffickers are the victims’ family members,neighbors, or friends who, under the pretext of assisting witheducation or employment opportunities, obtain them forforced labor. Some families are complicit in the exploitation ofchildren and adults with disabilities, accepting payment fromtraffickers who run forced street begging operations. Youngwomen offer vulnerable girls room and board within theirhomes, eventually pushing some of them into prostitution topay for living expenses; these brothels are located in poorer areasof Bujumbura, as well as along the lake and trucking routes.Extended family members sometimes also financially profitfrom the prostitution of young relatives residing with them.Male tourists from the Middle East, particularly Lebanon, exploitBurundian girls in prostitution, mainly in newly constructedhigh-end neighborhoods. Business people recruit Burundiangirls for prostitution in Bujumbura, as well as in Rwanda, Kenya,and Uganda, and recruit boys and girls for various types offorced labor in southern Burundi and Tanzania. During thereporting period, Burundian girls were fraudulently recruitedfor prostitution in Oman; the offenders originally promisedthe intended victims transport to the Democratic Republic ofthe Congo for religious purposes.The Government of Burundi does not fully comply with theminimum standards for the elimination of trafficking; however,it is making significant efforts to do so. During the reportingperiod, the government demonstrated a renewed interestin combating trafficking in persons, as shown through itsratification of the 2000 UN TIP Protocol. The Commander ofthe Children and Ethics Brigade, the Burundian government’sleading anti-trafficking agency, continued her nationwideawareness-raising campaign for a third year. Despite theseefforts, the government did not demonstrate evidence of overallincreasing efforts to address human trafficking compared tothe previous year, particularly in regard to prosecution oftrafficking offenses and protection of victims; therefore, Burundiis placed on Tier 2 Watch List for a second consecutive year.While the government arrested four suspected traffickers andbegan prosecuting two of them, it failed to convict a traffickingoffender during the reporting period. The Ministries of Healthand Solidarity provided ad hoc support to victims through theprovision of medical care vouchers and limited funding toservice providers, though most victim assistance continuedto be provided by NGOs without government support. Thegovernment could greatly enhance the coordination of its anti-trafficking efforts through the designation of a lead ministryor the formation of an inter-ministerial body.Recommendations for Burundi: Finalize and enact draftanti-trafficking legislation; enforce the trafficking provisionsin the 2009 Criminal Code amendments through increasedprosecution of trafficking offenses and conviction andpunishment of trafficking offenders; ensure all units of thepolice, as well as prosecutors, judges, and border guards receiveanti-trafficking training to include how to refer cases forinvestigation; establish standardized policies and proceduresfor government officials to identify and interview proactivelypotential trafficking victims and transfer them to the care, whenappropriate, of local organizations; continue the anti-traffickingpublic awareness campaign currently underway by the police;establish mechanisms for increasing protective services tovictims, possibly through partnerships with NGOs orinternational organizations; and establish broad-basedinstitutional capacity to combat trafficking by forming aninter-ministerial committee to coordinate and guide governmentefforts.ProsecutionThe Government of Burundi maintained its anti-trafficking lawenforcement efforts during the reporting period. Articles 242and 243 of Burundi’s Criminal Code prohibit human traffickingand smuggling and prescribe sentences of five to 20 years’imprisonment; the code does not, however, provide a definitionof human trafficking, potentially impeding investigators’or prosecutors’ ability to identify and prosecute traffickingoffenses. Sex trafficking offenses can also be addressed usingpenal code articles on brothel-keeping and pimping, whichprescribe penalties of one to five years’ imprisonment, andchild prostitution, with prescribed penalties of five to 10 years’imprisonment. These penalties are sufficiently stringent andcommensurate with those prescribed for other serious offenses,such as rape. Forced labor is prohibited by Article 2 of theLabor Law, though the Criminal Code prescribes no explicitpenalties for a violation; officials cite this as a weakness incombating trafficking crimes, especially in addressing forcedchild labor. The government made no efforts to complete itsdraft comprehensive anti-trafficking legislation intended torectify this and other gaps in existing laws.In 2011, the government did not collect aggregate data on itsanti-trafficking law enforcement efforts. The Children andEthics Brigade, under the Burundian National Police, wasthe sole government entity that made specific anti-traffickingefforts during the year. Police arrested four suspected trafficking
  • 47. 106CAMBODIAoffenders; two remain in prison pending the government’sappeal of the dismissal of their case and two remain in pre-trial detention. The overall number of investigations andprosecutions remain inadequate. In late 2011, police inMakamba province, near the Tanzanian border, arrested oneOmani and one Rwandan for alleged sex trafficking of threeBurundian girls; when police arrested the suspects, four othergirls had already been sent to Oman authorities have not yetattempted to recover them. The two offenders were chargedwith conspiring to engage in trafficking, but the charges weredismissed after the victims refused to testify; the offendersremain in prison while a prosecutor appeals the decision. In2011, Kenyan Interpol repatriated 60 Burundian childrenand women who were en route to Australia, though they hadbeen promised jobs in Kenya; Burundian authorities chargedone suspected trafficker who remains in pre-trial detention.Although the government continued to focus law enforcementefforts on transnational trafficking cases, police in Bugandaarrested a suspected trafficker for transporting 11 children, oneonly six years old, from Karuzi province to Cibitoke provincefor domestic servitude in December 2011; the suspect remainsin pre-trail detention. During raids on hotels functioningas brothels in 2010, police discovered government officialssoliciting people in prostitution, including children; however,two years later, the government has yet to prosecute or convictany officials for their complicity in trafficking. The governmentprovided no anti-trafficking training to law enforcement officialsin 2011.ProtectionThe government made minimal efforts to protect victimsduring the reporting period. It lacks the financial, human,and institutional resources to assist victims directly or provideadequate support to the organizations that provide such support.Although the government reported its identification and referralto services of trafficking victims during the year, it did notquantify or provide information on these cases; NGOs reportedtheir organizations’ identification of 99 victims, at least one ofwhom was identified and referred by a police officer. The carecentersinBurundiareoperatedbyNGOs,religiousorganizations,and women’s or children’s associations, largely funded by UNagencies; none are specifically focused on providing assistanceto trafficking victims. The Ministry of National Solidarityprovided funding to some local NGOs to assist victims ofgender-based violence and trafficking, while the Ministry ofHealth provided vouchers for hospital care to an unspecifiednumber of trafficking victims. The government operated twocenters in Kigobe and Buyenzi Communes to assist streetchildren, including an unknown number of victims of forcedchild labor. Police provided limited shelter and food assistanceto child victims in temporary custody, kept in a holding areaseparate from adult detainees, while authorities attempted tolocate their families. In some instances, the police providedcounseling to children in prostitution and mediated betweenthese victims and their parents. The Ministry of NationalSolidarity’s Department of Childhood provided small grantsto victims of child labor, who may have included traffickingvictims. The government completed family tracing and paid forthe return transport of 11 child trafficking victims during theyear. In 2011, the Minister of National Solidarity establishedthe Department for the Protection of Children, intended toprotect vulnerable children, including child trafficking victims.Additionally, in December 2011, the Senate passed a resolutionto increase resources to combat trafficking; however, additionalfunding has not yet been disbursed.The government has not yet developed a system to proactivelyidentify trafficking victims among vulnerable populations orto refer victims to service-providing organizations. Withoutstandardized procedures for identifying trafficking victims,some may have been penalized for unlawful acts committed as adirect result of their being trafficked; the brigade did not attemptto identify trafficking victims among women in prostitutionwho were arrested, jailed, or fined. The government did notencourage victims to assist in the investigation or prosecutionof trafficking cases. Burundian law does not provide foreigntrafficking victims with legal alternatives to their removal to acountry where they may face hardship or retribution.PreventionThe government maintained its efforts to prevent traffickingduring the year, though it remained without a ministry ornational committee to coordinate and lead its anti-traffickingefforts. In 2011, the Children and Ethics Brigade continued itsnational awareness-raising campaign throughout the countryto sensitize officials and local populations about the dangersof human trafficking, encouraging citizens to report traffickingcases to local authorities. The Office of the Second Vice Presidentassumed a leadership role on anti-trafficking efforts in 2011,as it began drafting a national plan of action, which was notfinalized during the reporting period. Coordination acrossgovernment ministries to combat trafficking is poor and manyrelevant agencies and police units are unaware of the problem,which severely hindered progress. With donor funding, anNGO formed a Joint Task Force on human trafficking, includingrepresentation from the National Police and the Ministriesof Justice and National Solidarity; the Task Force meetsevery three months to share information. Various ministriesprovided representatives to the Municipal Council for Youthand Children’s committee on the needs of vulnerable children,including street children and orphans, registering them inorder to target government assistance. In 2011, the Ministryof Labor’s 15 inspectors conducted no child labor inspections.Police continued the investigation of incidents of child sextourism and deported suspected offenders, including twoLebanese nationals in late 2011. The government did not makeefforts to reduce the demand for commercial sex acts during thereporting period. The government did not provide its troopswith anti-trafficking training prior to their deployment abroadon international peacekeeping missions, though foreign donorsprovided such training to Burundian peacekeeping troops. InMarch 2012, the National Assembly unanimously agreed toratify the 2000 UN TIP Protocol, which the President signedin April 2012.CAMBODIA (Tier 2)Cambodia is a source, transit, and destination country formen, women, and children who are subjected to forced laborand sex trafficking. Cambodian men, women, and childrenmigrate to countries within the region – primarily Thailandand Malaysia – for work, and many are subsequently subjectedto sex trafficking, domestic servitude, debt bondage, or forcedlabor within the fishing, construction, and agriculturalindustries. Vietnamese women and children, many of whomare victims of debt bondage, are transported to Cambodia andforced into commercial sex. The United Nations Inter-AgencyProject on Human Trafficking reported that 149 Cambodianvictims of human trafficking were repatriated from Thailand
  • 48. CAMBODIA107in 2011, and the Ministry of Social Affairs, Veterans, and YouthRehabilitation (MOSAVY) reported receiving 106 victims oftrafficking from Thailand. During the year, more than 100 maleCambodian victims of forced labor on Thai-flagged fishingboats were repatriated after escaping from their traffickers, orbeing rescued during Indonesian raids. The men reported beingdeceived by Thai fishing boat owners about the expected lengthof service and the amount of their payment. Some Cambodianmen also reported severe abuses by Thai captains and beingforced to remain aboard the vessels for up to two years.The inability to understand obligations, read contracts, or payprocessing fees rendered some Cambodian migrant workersvulnerable to forced labor and debt bondage, especially inMalaysia. Such workers have reported employers in destinationcountries withholding copies of employment contracts andconfiscating passports. Recruitment agencies have reportedlyengaged in the falsification of legal identification and ageverification documents to allow for the illegal recruitmentof children. Within Cambodia, parents sometimes sell theirchildren into conditions of forced labor, including domesticservitude, and send them to beg on the streets in Thailand.Cambodian children are also transported to Vietnam for thepurpose of forced labor. The Svay Pak brothel area outsidePhnom Penh, where children are exploited in the sex trade,continues to operate despite numerous attempts by police toclose it down. According to the ILO, children are involvedin other manifestations of the worst forms of child laborincluding work in agriculture, brick-making, street vending,and begging; these children are particularly vulnerable totrafficking.Within the country, Cambodian and ethnic Vietnamesewomen and girls are trafficked from rural areas to PhnomPenh, Siem Reap, Poipet, Koh Kong, and Sihanoukvillefor commercial sexual exploitation. The sale of virgin girlscontinues to be a serious problem in Cambodia. Cambodianmen form the largest source of demand for child prostitution,though a significant number of men from the United States andEurope, as well as other Asian countries, travel to Cambodiato engage in child sex tourism.The Government of Cambodia does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Thegovernment continued its efforts to prosecute sex traffickingcases, convicting 62 trafficking offenders during the year – anincrease from 20 offenders convicted during the previousreporting period. The government made significant progress inconfronting the transnational labor trafficking of Cambodiansas it obtained convictions involving licensed labor recruitmentagencies engaged in fraudulent recruitment and trafficking. InOctober 2011, the Government of Cambodia enacted a ban onrecruiting, training, and sending domestic workers to Malaysia.During the reporting year, the government also initiated thenegotiation of a memorandum of understanding with theMalaysian government to protect the rights of Cambodianmigrant workers in Malaysia. In addition, the governmentissued a decree to regulate the recruitment and treatment ofmigrant workers. However, the decree contains fundamentalweaknesses – such as a lack of unequivocally defined migrantworkers’ rights or regulation of recruitment fees that domesticagencies may charge potential migrant workers – leavingCambodian migrant workers vulnerable to debt bondageand forced labor. The decree also fails to establish minimumstandards for the guidelines for government’s monitoring oflabor recruiters and brokers and enforcement of punishmentsfor illegal recruitment activities.Recommendations for Cambodia: Sustain efforts toinvestigate and prosecute offenders of both labor and sextrafficking; improve efforts to investigate and prosecutegovernment officials complicit in human trafficking; initiatemore stringent monitoring and enforcement measures tobetter regulate the recruitment, placement, and protection ofmigrant workers going abroad; enforce criminal penalties forlabor recruitment companies engaging in illegal acts committedduring the recruitment process, such as debt bondage,detention of workers during pre-departure training, andrecruitment of workers younger than 18; sensitize lawenforcement authorities and policy makers to the prevalenceof trafficking of adult men, especially in fishing, and makemore services available to male victims within NGO shelters;revise the newly-enacted migrant worker sub-decree number190 to include more comprehensive, transparent, andunequivocal stipulations for the protection of migrant laborers;increase efforts to make court processes more efficient andsensitive to the needs and interests of trafficking victims;establish witness protection provisions specifically fortrafficking victims; expand efforts to proactively identifyvictims of trafficking among vulnerable groups, such aschildren and migrant laborers; institute a nationwide victimidentification protocol; augment governmental referrals oftrafficking victims to NGOs with increased support andservices, inclusive legal aid, psychosocial support, andreintegration programs; increase engagement with governmentsof destination countries on the protection and safe repatriationof migrant workers; adhere to and implement the terms ofthe National Plan of Action (2011-2013); improve interagencycooperation and coordination between police, court officials,and other government personnel on trafficking cases andvictim referral processes; and continue to promulgate publicawareness campaigns aimed at reducing the demand forcommercial sex and child sex tourism by locals and foreignnationals.ProsecutionThe Government of Cambodia demonstrated mixed progressin its law enforcement efforts against trafficking crimes.The 2008 Law on the Suppression of Human Traffickingand Commercial Sexual Exploitation explicitly addressestrafficking offenses through 12 of its 30 articles. The lawprohibits all forms of trafficking and prescribes penaltiesthat are sufficiently stringent and commensurate with otherserious crimes, such as rape. During the current year, theMinistry of Justice (MOJ) reported 102 prosecutions resultingin 62 convictions, compared with 20 convictions during theprevious year. Of the 102 cases, 49 traffickers were prosecutedunder the human trafficking law and 32 under the penal codeand Law on Aggravated Circumstances. During the reportingperiod the Cambodian government convicted eight owners,staff members, and managers from three licensed recruiting
  • 49. 108CAMEROONagencies for crimes related to trafficking for labor exploitation.Those convicted received sentences ranging from one to eightyears’ imprisonment. Various Cambodian workers sent toThailand by a recruiting firm in Phnom Penh have testifiedthat the recruiters allegedly sent them to exploitative factorieswhere their passports were confiscated, medical needs denied,and salaries drastically reduced, before being threatened forinforming the press of their plight. During the year, threeconvicted foreign pedophiles – one of whom is also a sextrafficking offender and one of whom was convicted in thelargest child sex offender case in Cambodian history – werepardoned and released early from prison.Endemic corruption at all levels continued to impede anti-trafficking endeavors and local observers believe it to bethe cause of impunity afforded to firms engaging in illegalrecruitment practices that contribute to trafficking. In December2011, the former head of the Phnom Penh Municipal Police’sAnti-Human Trafficking and Juvenile Protection Departmentwas convicted in absentia and sentenced to seven years’imprisonment on complicity charges, including acceptingpayments from brothels in exchange for protection andinformation on future raids. However, corruption allegationswere never addressed by the Phnom Penh Municipal Courtor the Anti-Corruption Unit and the convicted offender fledprior to being apprehended and remains at large.ProtectionThe government sustained efforts to identify trafficking victimsand ensured they received access to services during the reportingperiod. Although several ministries contributed statistics tothe trafficking database, the information was inaccurate andincomplete. Cambodian authorities continued to employsystematic procedures to identify victims and refer them toNGO shelters. The government also operated a temporaryshelter in Phnom Penh for women and girls, though theauthorities did not offer further assistance. Notwithstandingthe prevalence of male trafficking victims, there continued tobe a lack of shelter facilities to accommodate this population,as NGOs are not required by the Cambodian government toaccept male victims. MOSAVY reported receiving and referring884 trafficking victims to shelters and the local police referred247 victims of sex trafficking to province-level Departments ofSocial Affairs, Veterans, and Youth Rehabilitation. MOSAVYcontinued to operate, with assistance from UNICEF, a transitcenter in Poipet where it reported the identification of 106victims of trafficking among Cambodian migrants deportedfrom Thailand during the year.Authorities encouraged victims to participate in investigationsand prosecutions of traffickers and provided the right forvictims to seek legal action. However, Cambodia’s weak andcorrupt judicial and law enforcement systems, lengthy legalprocesses, credible fears of retaliation, and the lack of witnessprotection and access to resources continued to hinder victims’willingness to cooperate in cases and impede their accessto legal redress. The government has not published data onexploitative child labor since 2001. In addition, governmentofficials do not allocate funding specifically for investigatingforced child labor, and they did not carry out any inspectionsof such during the reporting period.PreventionThe Government of Cambodia expanded its limited effortsto prevent trafficking during the reporting period. Thegovernment implemented an airport fingerprint scannersystem that the Ministry of Labor hoped to employ in itstrafficking prevention efforts, but it had not done so by theend of the reporting period. In October 2011, at the requestof anti-trafficking activists and in response to reports ofCambodians being exploited in domestic service in Malaysia,the government restricted the travel rights of citizens byimposing a comprehensive ban on the emigration ofCambodian women to Malaysia for work in domestic service;this restriction could have the effect of increasing the risk oftrafficking for those intent on emigration for the purpose ofwork. Separately, in August 2011, the government finalizedsub-decree number 190 governing the activities of companiesin the country that recruit Cambodians to work abroad,though this measure failed to address recruiters’ chargingof excessive pre-departure fees, which contribute directlyto debt bondage. Overall, Cambodia’s laws and regulationsgoverning recruitment, placement, and protection of migrantlaborers abroad remained weak; they lacked clear delineationof responsibilities of recruitment agencies and governmentauthorities during the recruitment process, and they did notdetail suitable controls or monitoring of agencies to avoidabuses, prevent corruption, and enforce criminal penalties.During the reporting period, the Ministry of Labor reportedthat it began providing pre-departure training for potentialmigrant workers on their rights. However, issues such aspassport confiscation and debt bondage were not explainedto the workers or adequately addressed by the newly-enactedsub-decree. The National Plan of Action (2011-2013), which isthe government’s policy framework for combating trafficking,was approved by the National Committee in December 2011.The Ministry of Women’s Affairs coordinated and executedan anti- trafficking awareness day in December 2011, throughwhich approximately 40,000 participants and three millionTV viewers heard testimonies from sex trafficking victims andcommitments from senior government officials to intensify thefight against human trafficking. The government, with NGOsupport, conducted anti-trafficking campaigns in BanteayMeanchey and Siem Reap provinces. The Ministry of Tourismcontinued efforts with NGOs to produce billboards, magazineadvertisements, and handouts to reduce the demand forcommercial sex acts and child sex tourism, though theseefforts were targeted at foreign sex tourists rather than the localpopulation. Authorities convicted six foreign child sex touristsduring the year, and three cases are ongoing. The pardon andearly release of three convicted pedophiles undermined thecredibility of Cambodian efforts to combat child sex tourism.The Cambodia Royal Gendarmerie officers organized, withthe assistance and support of NGOs, and participated in alaw enforcement capacity-building training during the year.Cambodian military forces participating in peacekeepinginitiatives abroad received training on trafficking in personsprior to deployment.CAMEROON (Tier 2)Cameroon is a source, transit, and destination country forchildren subjected to forced labor and sex trafficking, anda country of origin for women subjected to forced labor andforced prostitution. Trafficking operations usually target two
  • 50. CAMEROON109or three children, often when rural parents hand over theirchildren to a middleman promising an education or a better lifein the city. Traffickers are increasingly resorting to kidnappingtheir victims, however, as heightened public awareness abouttrafficking has led to parents being less willing to give theirchildren to these middlemen. Cameroonian children from thecountry’s 10 regions involuntarily work in domestic service,street vending, mining, and agriculture, including on tea andcocoa plantations. Cameroonian children are also exploitedin prostitution within the country. After parents gave theirchildren to Koranic teachers in Maroua and elsewhere in theFar North Region, some children were subjected to forcedlabor. Reports indicate the existence of hereditary servitude innorthern chiefdoms. Cameroonian women are lured to Europeby fraudulent internet marriage proposals or offers of domesticwork, and subsequently become victims of forced labor orforced prostitution in Switzerland and France, with smallernumbers of cases in Russia. During the year, Camerooniantrafficking victims were also identified in Denmark, Cyprus,Spain, Germany, Norway, and several West and Central Africancountries.The Government of Cameroon does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Duringthe reporting year, the government passed a comprehensiveanti-trafficking law that criminalizes the trafficking of bothadults and children. It convicted two traffickers, sentencingeach to 20 years’ imprisonment. The government also openedinvestigations into allegations that a soldier from the 62ndInfantry Motorized Battalion based in Nkambe, NorthwestRegion, and customs officers were engaged in human trafficking.In addition, the government made progress in ensuring thattrafficking victims received access to protective services andtook significant steps to prevent human trafficking. It did not,however, take action against law enforcement officials whotook bribes from traffickers, or put in place a standardizedmechanism to refer victims to protective services.Recommendations for Cameroon: Increase efforts toprosecute and convict trafficking offenders, including complicitofficials; continue to educate police, judges, lawyers, and socialworkers about the new law against human trafficking; developstandardized procedures for referring trafficking victims toNGO care services, and socialize these mechanisms amonggovernment officials and the NGO community; develop formalprocedures to identify trafficking victims among vulnerablegroups and refer them to care centers; and address cases ofhereditary servitude in the northern regions.ProsecutionThe Government of Cameroon demonstrated notableimprovements in anti-trafficking law enforcement effortsover the last year, and passed comprehensive anti-traffickinglegislation, repealing the 2005 anti-trafficking law thatcriminalized the trafficking of children, but not adults. The2011 Law Project Relating to the Fight Against Traffickingin Persons and Slavery prohibits all forms of trafficking inpersons and under Section 4 prescribes a penalty of 10 to 20years’ imprisonment, penalties that are sufficiently stringentand commensurate with those prescribed for other seriousoffenses, such as rape. Section 5 prescribes penalties rangingfrom 15 to 20 years’ imprisonment when the trafficking victimis 15 years of age or younger, when violent pretexts are usedto coerce the victim, or if the victim sustained serious injuriesas a result of trafficking. Section 3 notes penalties for debtbondage, which range from five to 10 years’ imprisonment.During the reporting period, the government conducted fivetrafficking investigations and obtained two convictions. This isa significant improvement over the previous reporting period,in which the government was unable to provide data on itsanti-trafficking law enforcement efforts. A police officer whohad attended a March 2011 NGO-led training on conductinghuman trafficking investigations subsequently identified twosuspected child traffickers responsible for forcing 98 youngchildren to beg on the streets of Maroua. In September 2011, thegovernment convicted and sentenced both perpetrators to 20years’ imprisonment, and all 98 children were safely returnedto their families. Two of the five investigations centered ongovernment officials’ alleged participation in trafficking crimes.In one case, three children drowned in April 2011 when a childtrafficker and his accomplice, a customs officer, attempted totake them to Nigeria by crossing a river; investigations againstboth suspects were ongoing as of the end of the reportingperiod. The government again made no efforts to investigatetraditional leaders in the northern regions suspected ofkeeping people in conditions of hereditary servitude duringthe reporting period. The government is not known to havetaken action to address allegations that a Camerooniandiplomat subjected his domestic worker to servitude in theUnited States. The National Commission on Human Rightsand Freedoms, a government body, continued to educate lawenforcement officers and magistrates on Cameroonian law andthe prosecution of human trafficking. During the reportingperiod, approximately 40 officials received this training.ProtectionThe Cameroonian government demonstrated modest efforts toensure that victims of trafficking received access to protectiveservices during the year. The government continued to providesome direct assistance to child victims, including shelterand medical care. The government identified 135 victimsduring the reporting period, three of whom were referred toa Ministry of Social Affairs-run care facility; the other 132victims received assistance from NGOs. This is a substantialincrease in the number of victims identified compared tothe nine victims identified in the previous reporting period.It is unclear how much funding the government devotedto victim care during 2011, and despite an increase in thenumber of victims identified, the government has yet toinstitute a standardized, reliable referral mechanism to refervictims to NGO services. Government personnel did notdemonstrate proactive efforts to identify trafficking victimsamong vulnerable groups, such as street children, women inprostitution, and illegal migrants. Although the governmentstated that it would provide temporary resident status or legalalternatives to the removal of foreign trafficking victims tocountries where they may face hardship or retribution, therewere no instances in which the government provided suchrelief during the reporting period. The government continued
  • 51. 110CANADAto renovate a number of its care centers for abandonedchildren, street children, and child trafficking victims, butit did not report the number of trafficking victims cared forin these centers. In April 2011, Cameroonian authoritiesdeported two Nigerian boys who were potential traffickingvictims following a 14-month prison term for not possessingproper immigration papers to reside in Cameroon. In someinstances, the government encouraged victims to assist inthe investigation and prosecution of trafficking. Victimsmay file suits or seek legal action against traffickers, andduring the reporting period, two boys in Nkambe assistedin the investigation and prosecution of their traffickers, butdid not receive protective services from the government. NoCameroonian nationals were repatriated to Cameroon duringthe reporting period.PreventionThe Cameroonian government demonstrated continuedprogress in preventing human trafficking over the last year.An inter-ministerial committee – chaired by the secretarygeneral of the prime ministers’ office and comprised of overa dozen different ministries – is responsible for coordinatinganti-trafficking efforts across the government. During thereporting period, the committee worked towards implementingthe national anti-trafficking action plan and drafted a new,comprehensive anti-trafficking law that was passed in December2011. In April 2011, the Ministry of Social Affairs held an eventfor members of the government and NGO partners on humantrafficking issues and investigations. In February 2011, theMinister of Social Affairs launched a nationwide campaignagainst the sexual exploitation of children, which includeddiscussions on the provisions of the anti-trafficking law againstchild trafficking. Also during February 2011, an NGO foundedand chaired by Cameroon’s First Lady signed a partnershipagreement with a private organization of tourism agencies andtour operators to implement an initiative to prevent child sextourism in Cameroon. The government continued to providemembers of the Cameroonian armed forces with trainingon human trafficking prior to their deployment abroad oninternational peacekeeping missions as part of an overallbriefing on international humanitarian law.CANADA (Tier 1)Canada is a source, transit, and destination country formen, women, and children subjected to sex trafficking, anda destination country for adults subjected to forced labor.Canadian women and girls are exploited in sex traffickingacross the country, and women and girls from aboriginalcommunities are especially vulnerable. Foreign women,primarily from Asia and Eastern Europe, are subjected tosex trafficking as well, often in brothels and massage parlors.Law enforcement officials continue to report the involvementof organized crime in sex trafficking, including domesticstreet gangs known for their involvement in prostitutionactivities, as well as transnational criminal organizations.Labor trafficking victims include foreign workers from EasternEurope, Asia, Latin America and Africa who enter Canadalegally, but then are subsequently subjected to forced labor inagriculture, construction, sweatshops and processing plants,the hospitality sector, or as domestic servants. During the year,officials identified an increased number of forced labor casesinvolving foreign victims, including several cases of domesticservitude. Reports of forced labor continue to be more prevalentin Ontario, Alberta, and British Columbia. Service providersin Ontario and Manitoba reported that traffickers coercedforeign victims to commit petty criminal activities, makingvictims more vulnerable to being threatened with criminalcharges or deportation. Canada is also a significant sourcecountry for child sex tourists, who travel abroad to engagein sex acts with children.The Government of Canada fully complies with the minimumstandards for the elimination of trafficking. During the pastyear, the Canadian government maintained law enforcementefforts and achieved its first labor trafficking convictions, aswell as sustaining victim protection and prevention efforts.However, limited coordination between the federal andprovincial governments on anti-trafficking efforts continuedto hamper more effective collaboration and there were fewspecialized services for trafficking victims.Recommendations for Canada: Intensify efforts toinvestigate and prosecute trafficking offenses, and convictand sentence trafficking offenders using anti-trafficking laws;increase use of proactive law enforcement techniques toinvestigate trafficking cases, including all allegations of forcedlabor among migrant workers; enhance specialized careservices available to trafficking victims, in partnership withcivil society; increase efforts to educate police, prosecutors,and judges about trafficking and how to effectively useCanadian anti-trafficking laws; establish formal mechanismsfor officials to identify trafficking victims and refer them toprotection services; increase investigations and prosecutionsof Canadian child sex tourists abroad; continue efforts toimprove trafficking data collection; and strengthencoordination among national and provincial governmentson law enforcement and victim services.ProsecutionThe Government of Canada increased law enforcementactions against trafficking offenders over the last year, andachieved its first conviction for forced labor, which was alsothe first conviction in a case involving foreign victims. Section279.01 of the Canadian Criminal Code prohibits all formsof human trafficking, prescribing a penalty of up to 14 years’imprisonment, and related statutes prohibit receiving benefitsfrom trafficking, and withholding or destroying a victim’sidentity documents to facilitate trafficking. Section 279.011specifically prohibits trafficking of children under the age of18 and establishes a five-year mandatory minimum sentence.Such penalties are sufficiently stringent and commensuratewith those for other serious crimes, such as sexual assault.Section 279.04(a) defines “exploitation” for purposes of thetrafficking offenses as engaging in conduct which causes avictim to provide labor or a service because they reasonablybelieve their safety, or the safety of a person known to them,is threatened. Some NGOs and law enforcement officersbelieve that this definition is restrictively narrow. Section
  • 52. CANADA111118 of Canada’s Immigration and Refugee Protection Act,enacted in 2002, prohibits transnational human trafficking,prescribing a maximum penalty of life imprisonment and theequivalent of a $1 million fine. In March 2012, the OntarioCourt of Appeals ruled unconstitutional federal statutesprohibiting living on the avails of prostitution and operatingbawdy houses; these statutes are frequently used in humantrafficking prosecutions.In addition to ongoing investigations, there were at least 57ongoing human trafficking prosecutions as of February 2012:these cases involved at least 94 accused trafficking offendersand 158 victims, though it is unclear how many prosecutionswere initiated during the reporting period. This compares with46 ongoing trafficking prosecutions in the previous reportingperiod, involving 68 defendants and 80 victims. Authoritiesreported that all but four of these cases involved domesticsex trafficking. The government reported three sex traffickingconvictions under trafficking-specific laws that occurredduring the reporting period, in contrast to two convictionsunder trafficking-specific laws obtained during the precedingreporting period. One convicted trafficking offender had notyet been sentenced at the end of the reporting period; of thetwo remaining offenders, one received a sentence of 30 months’imprisonment, including credit for pre-trial custody, andthe other a sentence of time served after 374 days in custody.Prosecutors convicted at least six trafficking offenders underother sections of the criminal code, including provisionsagainst living on the proceeds of prostitution, and sexualassault; this compares with six such convictions obtainedduring the preceding reporting period. The six convictedreceived sentences ranging from two years’ suspended to nineyears’ imprisonment.In addition, in January and February 2012, officials achievedthe first convictions for labor trafficking in an ongoing caseinvolving Hungarian men exploited in Ontario. Threedefendants pleaded guilty to conspiring to commit humantrafficking, and were sentenced to prison terms ranging from24 months’ to six years’ imprisonment, including pre-trialcustody. In August 2011, the Attorney General of BritishColumbia filed a civil forfeiture claim to seize the home ofa woman charged with human trafficking, alleging that thehome was an instrument of crime, as the victim had beensubjected to domestic servitude; the case is currently beforethe courts. Not all cases of human trafficking are identifiedas such, and some judges and prosecutors were reportedlyreluctant or unwilling to pursue human trafficking charges.Limited coordination between the federal and provincialgovernments on anti-trafficking law enforcement effortscontinued to be a challenge. Last year, the Royal CanadianMounted Police (RCMP) continued extensive anti-traffickingtraining efforts for law enforcement officers, border serviceofficers, and prosecutors; these efforts included launching anonline anti-trafficking course for Canadian law enforcement,conducting awareness sessions for labor inspectors in Ontarioand Quebec, and conducting workshops for over 700 lawenforcement officials. Labor inspectors in Quebec receivedtraining on how to identify trafficking victims. The Canadiangovernment reported collaborating with foreign governmentson several trafficking investigations and did not reportinvestigating, prosecuting, convicting, or sentencing anypublic officials for complicity in human trafficking.ProtectionThe government maintained protections for trafficking victimsduring the reporting period, though most victim servicesoffered by the government are general services offered to victimsof crimes. Immigration officials continued implementingguidelines to assess whether foreign nationals are potentialvictims of trafficking. There were no nationwide procedures,however, for other government officials to proactively identifyand assist trafficking victims among vulnerable populations,such as women in prostitution or migrant workers. Officialsdid not collect comprehensive statistics on the total numberof trafficking victims identified and assisted during theyear. Provincial and territorial governments had primaryresponsibilities for general crime victim services, which areavailable to trafficking victims, and the range and quality ofthese services varied. However, most jurisdictions providedtrafficking victims with access to shelter services, short-termcounseling, court assistance, and other services, often throughfunding NGOs to provide these services. One NGO ran adedicated shelter for trafficking victims in Vancouver andreceived government funding: it assisted 12 victims during theyear. The government did not report funding or operating otherdedicated facilities for trafficking victims. Female traffickingvictims could receive services at 82 shelters designed forvictims of violence, and in some cases, shelters for homelesspersons provided basic services to male trafficking victims. Thedemand for some services, such as longer-term assisted housing,generally exceeded resources. Some law enforcement officialsand NGOs indicated that the lack of specialized services wasproblematic, and noted that increased protection of victimscould result in greater cooperation with law enforcement.NGOs noted that provincial referral mechanisms, ofteninvolving a local anti-trafficking network or coalition,worked well in practice; however, some NGOs reportedthat communication between different actors, such as lawenforcement officials and service providers, was uneven.Provinces and territories had primary responsibility forenforcing labor standards. Civil society organizations, however,reported that the provincial and territorial governments oftenlacked adequate resources and personnel to effectively monitorthe labor conditions of increasing numbers of temporaryforeign workers or to proactively identify human traffickingvictims among such groups.Undocumented foreign trafficking victims in Canada appliedfor a temporary resident permit (TRP) to remain in the country.Fifty three TRPs were issued to 48 foreign trafficking victimsin 2011, five of which were first-term permits and 48 of whichwere renewals. In comparison, authorities reported granting55 TRPs to 47 foreign victims in 2010. Some foreign traffickingvictims might have received different forms of immigrationrelief, such as refugee protection. During a 180-day reflectionperiod, immigration officials determined whether to grant TRPholders a longer residency period of up to three years, andvictims had access to essential and emergency medical care,dental care, and trauma counseling. TRP holders could applyfor fee-exempt work permits, and 47 foreign victims receivedthese permits during the reporting period. Some officialsand NGOs reported difficulties in getting TRPs for foreignvictims due to lack of coordination or understanding amongservice providers, law enforcement officers, and immigrationofficials about whether or not an individual qualified as atrafficking victim. Identified victims were not penalizedfor crimes committed as a direct result of being trafficked.
  • 53. 112CAPEVERDECanadian authorities encourage, but do not require, traffickingvictims to participate in investigations and prosecutions oftrafficking offenders. The government provides protectionsto victims who choose to testify, such as witness protectionprograms and the use of closed circuit television testimony,although it did not report how many victims, if any, chose toparticipate in investigations and prosecutions.PreventionThe Government of Canada maintained strong anti-trafficking prevention efforts during the reporting period.Federal level anti-trafficking efforts were coordinated by theInterdepartmental Working Group on Trafficking in Persons(IWGTIP), which met three times during the reporting period;smaller ad-hoc sub-groups met more frequently. NGOs andsome government officials continued to call for the IWGTIP todevelop a national strategy to combat trafficking, as mandatedin 2004. In May 2011, the government committed in itselection policy platform to enact a national anti-traffickingaction plan. The RCMP continued to conduct widespreadawareness-raising activities and maintained six regionalhuman trafficking awareness coordinators across the countryto facilitate anti-trafficking initiatives and assist in developinglocal strategies. The government demonstrated transparency inits anti-trafficking efforts by publishing an overview of federalanti-trafficking efforts in 2010-2011, as well as providinginformation about these efforts on government websites. Thefederal government funded several anti-trafficking initiativesabroad, with a focus on Latin America, through the CanadianInternational Development Agency and the Department ofForeign Affairs and International Trade (DFAIT).Provincial and local governments also undertook a variety ofanti-trafficking events and initiatives during the year; theseefforts varied in effectiveness, and coordination between thefederal government and the provinces remained fragmented.Alberta continued to fund an NGO coalition to coordinatethe province’s actions to combat trafficking. British Columbiahad the only provincial anti-trafficking office in the country,and the office conducted a variety of prevention, training, andawareness activities, including launching a standardized onlinetraining program for service providers on how to identify andassist trafficking victims. Quebec reported funding NGOs thatprovided services to trafficking victims.The federal Citizenship and Immigration Canada (CIC)continued to provide information to temporary foreignworkers, including live-in caregivers, to let them know whereto seek assistance in case of exploitation or abuse, as well toinform them of their rights. In April 2011, amendments tothe Immigration and Refugee Protection Regulations cameinto effect establishing an enhanced compliance frameworkfor the federal temporary foreign worker program. Someof these reforms included additional criteria for the live-in-caregiver program, a more rigorous assessment of thegenuineness of job offers, guidelines for compensation totemporary foreign workers in cases of employer fault, andstrengthened consequences for non-compliant employers.Some NGOs asserted that these reforms did not address theroot issues that make temporary foreign workers vulnerableto forced labor, and called for a national policy frameworkto regulate labor brokers and recruiters. Some provinces alsostrengthened efforts to protect temporary foreign workers andimprove employer accountability.Canada is a source country for child sex tourists, and thecountry prohibits its nationals from engaging in child sextourism through Section 7(4.1) of its Criminal Code. Thislaw has extraterritorial application, and carries penalties ofup to 14 years’ imprisonment. DFAIT continued to distributea publication warning Canadians traveling abroad aboutpenalties under Canada’s child sex tourism law, and everynew Canadian passport issued continued to be accompaniedby a copy of the booklet. However, authorities reported noinvestigations, prosecutions, or convictions of child sextourists during the year. Canadian authorities provided anti-trafficking information to Canadian military forces prior totheir deployment on international peacekeeping missions.Canadian authorities continued to prosecute individuals whosolicited commercial sex, and there were no known efforts toaddress demand for forced labor.CAPE VERDE (Tier 2)Cape Verde is a source country for children subjected to forcedlabor and, at times, sex trafficking within the country and asource for persons trafficked to Brazil, Portugal, and othercountries in Europe for forced transport of drugs. Migrantsfrom Guinea-Bissau, Senegal, Nigeria, and Guinea may receivelow wages and work without contracts – creating vulnerabilitiesto forced labor in Cape Verde’s construction sector. WestAfrican migrants may transit the archipelago en route tosituations of exploitation in Europe. Cape Verdean childrenlabor in domestic service, often working long hours and attimes experiencing physical and sexual abuse – indicators offorced labor. Past reports indicate that boys and girls – some ofwhom may be foreign – are exploited in prostitution in SantaMaria, Praia, and Mindelo. Sex tourism – at times involvingprostituted children – is a growing problem in Cape Verde. In2010, an Italian national was convicted for the sexual abuse ofthree minors in commercial sex in Santa Maria on the islandof Sal. Children are also used in the commission of crimeswithin the country, including the forced transport of drugs.Street children are vulnerable to street crime and, on rareoccasions, prostitution. Cape Verdean adults and children aretricked or forced into transporting drugs to or within Brazil andPortugal. In December 2011, a Swiss court sentenced a CapeVerdean woman to 22 months’ imprisonment for recruiting143 Brazilian women for forced prostitution in Switzerland.The Government of Cape Verde does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear, the government investigated 44 cases of child sexualabuse, some of which may have included trafficking offenses.The Cape Verdean Institute for Children and Adolescents(ICCA) made concerted efforts to protect child victims ofsexual abuse, including children in prostitution, and to preventand raise awareness of the worst forms of child labor, includingtrafficking. Despite these efforts, the government did notprosecute or convict trafficking offenders during the year,including child sex trafficking crimes that occurred within thecountry. Furthermore, it did not make efforts to identify anytrafficking victims in 2011, reduce the demand for commercialsex acts, or address sex tourism involving children.
  • 54. CAPEVERDE113PRecommendations for Cape Verde: Draft comprehensiveanti-trafficking legislation, including a broad definition oftrafficking in persons that does not rely on evidence ofmovement, but rather on exploitation, consistent with the2000 UN TIP Protocol; ensure Cape Verdean law prohibitsfacilitating the prostitution of children ages 16 and 17; trainlaw enforcement officials to use existing laws to investigateand prosecute trafficking offenses; develop and implementprocedures for the identification of trafficking victims amongstvulnerable populations; compile anti-trafficking lawenforcement data; and launch a nationwide anti-traffickingpublic awareness campaign.ProsecutionThe Government of Cape Verde demonstrated modestefforts to combat human trafficking during the year. It didnot, however, prosecute or convict any trafficking offenders.Cape Verdean law does not specifically prohibit all formsof trafficking, though several existing statutes cover certainforms. Article 14 of the labor code prohibits forced laborand Article 271 of the penal code outlaws slavery, both ofwhich prescribe sufficiently stringent penalties of six to 12years’ imprisonment. Article 148 of the penal code outlawsfacilitating prostitution of children under the age of 16 andprescribes sufficiently stringent penalties of between two toeight years’ imprisonment for victims under 14 and one tofive years for victims aged 14 or 15. These penalties are notcommensurate with penalties for other grave crimes, such asrape. The penal code does not prohibit and punish those whoexploit children aged 16 and 17 in prostitution. There is noevidence that the government charged any suspected traffickersunder these laws during the year. The National Police reported44 cases of child sexual abuse and 79 cases of violence againstminors in 2011; it is unknown whether any of these includedchild trafficking offenses. The government did not provideany specialized training for officials on the identification orprosecution of trafficking offenses. There were no reports oftrafficking-related corruption in Cape Verde during the year.ProtectionThe government made modest efforts to protect traffickingvictims. Although the government did not report itsidentification or protection of trafficking victims, severalgovernment facilities that provide care to vulnerable childrenmay have assisted trafficking victims during the year. TwoICCA-run Centers for Child Emergencies in Praia andMindelo provided temporary care to child victims of sexualabuse, violence, and abandonment. In 2011, the governmentestablished five additional emergency centers on the islandsof Sal, Sao Nicolau, Bao Vista, Fogo, and Sao Tiago. In March2011, the ICCA opened a reception center on the island ofSao Antao, which provided food and psychological supportto children in need, including victims of sexual abuse. TheICCA continued its Nôs kasa project that aims to reduce thevulnerability of street children to sexual abuse and childlabor through the operation of six day centers on the islandsof Santo Antao, Sao Vincente, Sao Nicolau, Fogo, Boa Vista,and Santiago, which host children during the day and providecounseling. The government lacked formal procedures for theidentification and referral of trafficking victims. However,the ICCA’s network for the protection and prevention ofsexual abuse of children and adolescents, comprised of theJudicial Police, the National Police, the National Prosecutor,the Directorate General of Tourism, and the Office of Healthfor Praia, coordinated the referral of child victims of sexualabuse to care and their support throughout the court processes.Disque Denuncia, the government’s hotline for the reporting ofcases of child abuse, served as a referral system, coordinatingefforts between the Attorney General’s Office, the JudiciaryPolice, the National Police, hospitals, and Offices of Health andSchool; during the year, 12 calls involved child sexual abuse,though it is unknown whether these or other calls related tohuman trafficking. Cape Verdean law does not provide forlegal alternatives to the removal of foreign trafficking victimsto countries where they may face hardship or retribution.PreventionThe government made modest efforts to prevent traffickingduring the reporting period through various efforts directedtowards the elimination of the worst forms of child labor,including child trafficking. During the year, the governmentratified the ILO Worst Forms of Child Labor Convention182 and began drafting a list of hazardous forms of work,both of which include forms of trafficking, including childprostitution. In 2011, the Ministry of Youth, Employment,and Human Resources Development partnered with theDirectorate of Labor, ICCA, and the General Labor Inspectorateto begin to domesticate the convention into the national legalframework. In June 2011, in celebration of the World DayAgainst Child Labor and the Day of the African Child, theICCA raised awareness of child labor on the island of SantoAntao through theater, music, games, and speeches. Duringthe year, the government implemented its 2007-2011 NationalPlan of Action for the Elimination of Child Labor, whichaims to eradicate the worst forms of child labor, includingsome forms of trafficking. The government, in partnershipwith the ILO, is carrying out a regional project to prevent andeliminate child labor; as part of this effort, in September andOctober 2011, the Ministry of Youth, Employment, and HumanResource Development trained officials to identify victimsof the worst forms of child labor and promote coordinationbetween the ICCA and labor inspectorates. Labor inspectorsalso received training on child labor as part of this partnershipwith the ILO in June and July 2011. The government did notidentify any child labor violations during the reporting periodand did not remove any children from situations of childlabor. During the year, it developed a National ImmigrationStrategy to manage migration flows, regulate migrant accessto the labor market, develop a model employment contractfor immigrant workers, and lay the groundwork to identifyand address their labor exploitation by strengthening thecoordination between inspection divisions, labor unions,NGOs and migrant associations. In May 2010, the Sal DistrictCourt sentenced an Italian national to a three year suspendedsentence, following his conviction for the commercial sexualexploitation of three children in Santa Maria on the island ofSal. In 2011, the government did not make efforts to reducethe demand for commercial sex acts or to address sex tourism.
  • 55. 114CENTRALAFRICANREPUBLICCENTRAL AFRICAN REPUBLIC(Tier 3)The Central African Republic (CAR) is a source and destinationcountry for children subjected to forced labor and sextrafficking. While the scope of the trafficking problem isunknown, observers report that most victims appear to beCAR citizens trafficked within the country and that a smallernumber move back and forth between Cameroon, Chad,Nigeria, Republic of the Congo, Democratic Republic of theCongo (DRC), and South Sudan. Trafficking offenders – likelyincluding members of expatriate communities from Nigeria,South Sudan, and Chad, as well as transient merchants andherders – subject children to domestic servitude, commercialsexual exploitation, and forced labor in agriculture, artisanalgold and diamond mines, and street vending. Within thecountry, children are at risk of becoming victims of forcedlabor, Ba’aka (Pygmy) minorities are at risk of becomingvictims of forced agricultural work – especially in the regionaround the Lobaye rainforest – and girls are at risk of beingexploited in the sex trade in urban centers.Human rights observers reported that opposition militiagroups in the north of the country continued to recruit andunlawfully use children, some of whom may be traffickingvictims, in armed conflict. Observers indicated that the Unionof Democratic Forces for Unity (UFDR) and People’s Armyfor the Restoration of Democracy (APRD) still harbor childsoldiers. In the spring of 2011, the Convention of Patriots forJustice and Peace (CPJP) became the last large rebel group tosign a ceasefire agreement with the government. In October2011, APRD signed an action plan with the UN to release itschild soldiers and in November, the CPJP signed an actionplan on releasing child soldiers with the government andUNICEF. In November 2011, the UFDR orally and publiclyreaffirmed its commitment, initially made when it signed its2007 action plan, to eliminate all use and recruitment of childsoldiers. During the reporting period, village self-defense units,which were established by towns to combat armed groupsand bandits in areas where the national army or gendarmeswere not present, used children as combatants, lookouts, andporters. UNICEF estimated that children comprise one-thirdof these self-defense units. The Lord’s Resistance Army (LRA),a Ugandan rebel group that operates in eastern regions ofthe CAR, continued to abduct and enslave South Sudanese,Congolese, Central African, and Ugandan children for useas cooks, porters, concubines, and combatants. The LRA alsoforced these children to commit atrocities such as looting andburning villages, killing village residents, and abducting otherchildren. Some of these children were also taken back andforth across borders into South Sudan or the DRC.The Government of the Central African Republic does not fullycomply with the minimum standards for the elimination oftrafficking and is not making significant efforts to do so. Thegovernment, which has limited human and financial resources,did not investigate and prosecute any trafficking offenses,identify or provide protective services to trafficking victims,or take steps to raise public awareness about the dangers ofhuman trafficking. The 2010 Central African penal codeoutlaws all forms of trafficking in persons, but awareness ofthis statute remained low. In July 2011, the government, via thePrime Minister’s office, formally launched an inter-ministerialcommittee – the National Council on Child Protection – tofight child exploitation, including child trafficking; the councilimplemented aspects of the 2008 National Action Plan forthe Prevention and Protection of Abused, Sexually Exploited,and Trafficked Children. The government also increased itsannual financial support for a multipurpose child shelter.PRecommendations for Central African Republic: Increaseefforts to demobilize and reintegrate child soldiers withinarmed groups and self-defense units; in collaboration withNGOs and the international community, train law enforcementofficials and magistrates to use the penal code’s anti-traffickingprovisions to investigate and prosecute these offenses; increaseefforts to educate and encourage the public and relevantgovernmental authorities to identify and report traffickingvictims among vulnerable populations, such as women andgirls in prostitution, street children, and Ba’aka; and incollaboration with NGOs and the international community,provide care to children in commercial sexual exploitationand forced labor.ProsecutionThe Government of the Central African Republic made nodiscernible anti-trafficking law enforcement efforts duringthe reporting period. Article 151 of its penal code prohibitsall forms of trafficking in persons, and prescribes penalties offive to 10 years’ imprisonment, which are sufficiently stringentand commensurate with penalties prescribed for other seriousoffenses, such as rape. If the offense involves a child victim,Article 151 prescribes the additional penalty of hard labor.If the offense involves a child victim of sex trafficking orforced labor similar to slavery, the prescribed penalty is lifeimprisonment with hard labor. Articles 7 and 8 of the January2009 Labor Code prohibit forced and bonded labor andprescribe sufficiently stringent penalties of five to 10 years’imprisonment. Victims can file civil suits to seek damagesfrom their traffickers. These provisions, however, are notenforced and no cases of suspected human trafficking offenseswere investigated or prosecuted during the reporting period.Traditional dispute resolution methods are widely practicedthroughout the country, often to the exclusion of formal legalproceedings to punish criminal acts. The government took noidentifiable actions, such as prohibiting the use of child soldiers,to implement the Optional Protocol on Armed Conflict, whichit signed in June 2010. Law enforcement officials reportedthat they are not provided the appropriate technical trainingand resources needed to identify and investigate traffickingcases, and officials outside the capital may not have access tocopies of the legal codes.ProtectionThe government did not make significant efforts to ensurethat victims of trafficking received access to protectiveservices during the reporting period. The CAR governmentdid not engage in efforts to identify trafficking victims amongvulnerable populations, though the government’s presenceoutside the capital, especially in the diamond-producing
  • 56. CHAD115northeast, remains limited to non-existent. The governmentmaintained its partnership with UNICEF and NGOs for theprotection and reintegration of demobilized child soldiers.During the reporting period, UNICEF, in partnership withlocal NGOs, worked to reintegrate 900 child soldiers; thegovernment’s role in this process was minimal. The governmenttook no action to promote a policy against child soldiering,and did not investigate the use of child soldiers in self-defensemilitias that may be supported by the government. Thegovernment, which has very limited resources, did not directlyprovide reintegration programs for child soldiers, which leftvictims susceptible to further exploitation or re-trafficking byarmed groups or other traffickers. However, the governmentprovided approximately $70,000 to two multipurpose sheltersfor children in Bangui – a 27 percent increase over its 2010financial contribution – and allocated an operating budget of$146,500 for these shelters in its 2012 budget, a 109 percentincrease. During 2011, the two centers provided care orassistance to 243 vulnerable children, some of whom mayhave been trafficking victims. Justice officials claimed thattrafficking victims were not penalized for unlawful actscommitted as a direct result of being trafficked, though novictims were identified during the year. The government doesnot provide legal alternatives to the removal of foreign victimsto countries where they may face hardship or retribution, andno such victims were identified.PreventionThe government undertook moderate anti-traffickingprevention efforts during the reporting period. In July2011, under the auspices of the Prime Minister’s office, thegovernment launched the National Council for the Protectionof Children, which included committees to address specifictopics related to child exploitation, including some forms ofchild trafficking. After its inauguration, the national councilimplemented aspects of the 2008 National Action Plan for thePrevention and Protection of Abused, Sexually Exploited, andTrafficked Children. The government did not take any measuresto reduce the demand for commercial sex acts during the year.CHAD (Tier 2 Watch List)Chad is a source, destination, and transit country for childrensubjected to forced labor and sex trafficking. The country’strafficking problem is primarily internal and frequentlyinvolves family members entrusting children to relativesor intermediaries in return for promises of education,apprenticeship, goods, or money. Selling or bartering childreninto domestic servitude or forced herding is used as a meansof survival by families seeking to reduce the number of familymembers they must feed. During the last year, some childrenreportedly were sold in markets, a practice that had not beendocumented previously. Child trafficking victims are primarilysubjected to forced labor as herders, beggars, domestic servants,or agricultural laborers. Children in some religious schools,madrassahs, are forced to beg for long hours for the benefit ofunscrupulous teachers and may be denied food or be physicallypunished if they do not collect enough money. Child cattleherders – some of whom are victims of forced labor – followtraditional routes for grazing cattle and at times cross ill-defined international borders into Cameroon, the CentralAfrican Republic (CAR), and Nigeria. There continue to beallegations of child herders being employed by military orlocal government officials. Underage Chadian girls travel tolarger towns in search of work, where some are subsequentlysubjected to prostitution or are abused in domestic servitude.During the reporting period, local partners and governmentofficials reported an increase in formal trafficking networkswithin Chad, though such networks are not documented andmost trafficking in Chad remains informal. Internationalobservers believe that government campaigns have effectivelyeducated villagers on the perils of human trafficking, thusdiminishing the availability of children through informalnetworks and inadvertently contributing to the ascendencyof formal networks. In past years, Chadian and Sudanesechildren were unlawfully conscripted, including from refugeecamps, by both the Chadian military and rebel forces to engagein armed conflict; they were used as combatants, guards,cooks, and lookouts. According to international observers,the government’s conscription of children for military serviceceased during mid-2010, and it did not appear that rebel forceswere recruiting children within Chad during the reportingperiod.The Government of Chad does not fully comply with theminimum standards for the elimination of trafficking. Thegovernment did not demonstrate evidence of increasing effortsto address human trafficking compared to the previous year;therefore, Chad is placed on Tier 2 Watch List for a thirdconsecutive year. Chad was granted a waiver of an otherwiserequired downgrade to Tier 3 because its government has awritten plan that, if implemented, would constitute significantefforts to meet the minimum standards for the eliminationof human trafficking and is devoting sufficient resourcesimplement that plan. In June 2011, the government signedthe joint UN-Government of Chad Action Plan on ChildrenAssociated with Armed Forces and Groups in Chad, whichcalled for the establishment of institutional mechanismsto prevent future recruitment of child soldiers. Somegovernment officials continued to coordinate with NGOsto refer child trafficking victims to social services. Despitethese modest improvements, the government did not showevidence of overall increasing efforts over the previous year.The government made limited efforts to address the forcedlabor of children in cattle herding, domestic service, andbegging, or to combat the commercial sexual exploitation ofChadian girls. The government previously drafted, but didnot yet enact, legislation prohibiting trafficking in personsand pursued only limited anti-trafficking law enforcementand victim protection activities. The country continued toface severe challenges, including lack of communicationsinfrastructure and a rudimentary judicial system that relieslargely on traditional forms of justice. Its resources remainedconstrained following decades of conflict and instability,exacerbated by the large numbers of refugees migrating fromneighboring states.Recommendations for Chad: Pass and enact draft penalcode revisions that include a prohibition on child trafficking;
  • 57. 116CHILEconsider drafting and enacting penal code provisions thatwould criminalize the trafficking of adults; increase effortsto enhance magistrates’ understanding of and capability toprosecute and punish trafficking offenses under existing laws;demonstrate increased anti-trafficking law enforcement efforts,including the investigation and prosecution, when appropriate,of suspected trafficking offenders; adopt and implement theChild Protection Act, which would provide increased laborprotections for children; continue collaborating with NGOsand international organizations to increase the provision ofprotective services to all types of trafficking victims, includingchildren forced into cattle herding, domestic servitude, orprostitution; take steps to raise public awareness of traffickingissues, particularly at the local level among tribal leaders andother members of the traditional justice system; and continueto work with international partners to implement a nationalaction plan to combat trafficking.ProsecutionChad made limited law enforcement efforts against traffickingin persons during the reporting period, due largely to its weakjudicial system. Existing laws do not specifically prohibithuman trafficking, though forced prostitution and manytypes of labor exploitation are prohibited. Title 5 of thelabor code prohibits forced and bonded labor, prescribingfines equivalent to $100 to $1,000 but not imprisonmentand, as such, is not sufficiently stringent to deter traffickingcrimes or reflect their serious nature. Penal code Articles 279and 280 prohibit the prostitution of children, prescribingpunishments of five to 10 years’ imprisonment and fines upto the equivalent of $2,000, penalties that are sufficientlystringent, but not commensurate with penalties prescribedfor other serious crimes, such as rape. Pimping and owningbrothels are also prohibited under penal code Articles 281and 282. The 1991 Chadian National Army Law prohibitsrecruitment of children younger than 18; punishment forthose who violate this provision is conducted at the discretionof military justice officials. Draft revisions to the penal codethat, in part, prohibit child trafficking and provide protectionfor victims have not been enacted for the second consecutiveyear due to controversy surrounding proposed amendmentsunrelated to human trafficking. The draft Child ProtectionAct – which would strengthen Chadian law protecting childrenfrom forced labor, while allowing volunteers aged 18 andolder – would prohibit the recruitment of individuals youngerthan 21, was awaiting final review at the ministerial level as ofMarch 2012. Chad continues to lack the capacity to compiledata on investigations, prosecutions, convictions, or sentencingfor trafficking offenses. The government did not investigateor prosecute military officials for forcing children to work asherders. During the reporting period, the government workedwith UNICEF to provide training for security forces on issuespertaining to child soldiers; 91 members of the armed forcesand 30 training officers received this instruction.ProtectionThe Chadian government did not take adequate steps toensure that all victims of trafficking received access toprotection services during the reporting period. Chronicfunding shortages, a largely traditional judicial system, anda lack of reliable infrastructure all hindered efforts to providevictim protection activities. The government maintained in-kind assistance, including providing space and facilities forvictim protection activities and for long-term, NGO-operatedrehabilitation and reintegration centers that cared for a smallnumber of abused and homeless children. Other victims oftrafficking, however, continued to receive few protectionservices. The government continued its participation in severallocal-level committees comprised of law enforcement, judicial,and social service officials to identify and refer traffickingvictims to protection services where available. Although thesecommittees – located in N’Djamena, Abeche, and southerntowns – are tasked with encouraging victims to file chargesagainst and assist in the investigation and prosecution of theirtraffickers, it is unknown whether they did so during the year.Chadian authorities did not report identifying victims orreferring victims to protection services during the reportingperiod. Lack of formal victim identification continued to beconstrained by limited information-sharing within Chad.To counteract this challenge, the government commencedcollaboration with a donor-funded NGO project to create ahuman trafficking database. The government did not arrest ordetain trafficking victims, or prosecute or otherwise penalizeidentified child victims for unlawful acts committed as a directresult of being trafficked.PreventionThe government continued to make limited efforts, beyondthose related to child soldiering, to prevent human traffickingduring the year. The government still lacked an inter-ministerialcommittee to combat trafficking, which hampered progressin combating trafficking. In conjunction with UNICEF, theDirectorate of Children within the Ministry of Justice developeda 2008–2010 Integrated Action Plan to Fight the Worst Formsof Labor, Exploitation, and Trafficking; the document expiredwithout being formally adopted by the government. InFebruary 2012, the government, in collaboration with theUN and NGOs, began drafting a new action plan coveringthe worst forms of child labor and human trafficking. In June2011, in partnership with the UN, the government adoptedan action plan to prevent the recruitment and use of childsoldiers; this action plan calls for the government to adoptthe draft Child Protection Act, and provides safeguards toensure children are not drafted in the Chadian military. Inconjunction with UNICEF, the government continued toeducate members of the military on issues pertaining to childsoldiers. In May 2011, the Government of Chad worked withUNICEF to host a training for 91 members of the armed forcesand 30 security forces instructors on issues pertaining to childsoldiers. The government also conducted a public outreachposter campaign across the country on the dangers of childherding. The government did not take any steps to reducedemand for commercial sex acts during the reporting period.CHILE (Tier 2)Chile is a source, transit, and destination country for men,women, and children subjected to sex trafficking and forcedlabor. Within the country, victims are often Chilean womenand girls exploited in sex trafficking. To a limited extent,Chilean women and girls also are subjected to sex traffickingin other countries, including neighboring countries andSpain. Women and girls from other Latin American countries,including Argentina, Bolivia, Peru, Paraguay, the DominicanRepublic, and Colombia are lured to Chile by fraudulentjob offers and subsequently coerced into prostitution ordomestic servitude. During the year, three Indonesian
  • 58. CHILE117women fled from alleged situations of domestic servitudein Chile. Foreign victims of labor trafficking, primarily fromBolivia, Peru, Colombia, Ecuador, and China, have beenidentified in Chile’s mining and agricultural sectors. In 2011,Chilean authorities identified 52 Paraguayans in forced laborin a vineyard. Chilean authorities identified an increasingnumber of children involved in illicit activities, including thetransportation of illegal drugs; some of these children mayhave been coerced or forced.The Government of Chile does not fully comply with theminimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During thereporting period, Chilean authorities investigated severallabor trafficking cases using Chile’s new anti-traffickinglaw, increased efforts to assist adult trafficking victims, andcontinued to provide specialized services for children exploitedin commercial sex. The government maintained efforts toconvict child sex trafficking offenders. However, specializedservices for adult victims were minimal. Authorities lackedformal victim identification and referral mechanisms, andinteragency coordination was strengthened but remainedinsufficient.Recommendations for Chile: Strengthen victim protectionefforts, particularly for victims of forced labor and for adultvictims of forced prostitution, and ensure victim access toshelters and comprehensive services through increased fundingand referral protocols; maintain efforts to investigate andprosecute all forms of human trafficking offenses and convictand punish trafficking offenders; continue to proactivelyinvestigate possible cases of forced labor; establish formalvictim identification and referral protocols for frontlineresponders; strengthen training for police officers, immigrationofficials, labor inspectors, social workers, and judicial officialson how to identify and respond to all forms of humantrafficking; continue to enhance interagency coordinationmechanisms; consider creating a national strategy or plan tocombat trafficking; and increase public awareness about allforms of human trafficking.ProsecutionThe Government of Chile maintained law enforcement effortsagainst sex trafficking offenders during the reporting periodand investigated several forced labor cases under the new anti-trafficking law. Law 20.507, enacted in April 2011, prohibits allforms of human trafficking, as well as human smuggling. Thelaw prescribes penalties ranging from five years and a day inprison to 15 years of imprisonment, plus fines, for traffickingoffenses. Such penalties are sufficiently stringent and arecommensurate with those for other serious crimes, such asrape. The new law also authorizes the use of undercover agentsand wire tapping, which officials reported using in some casesduring the year. The government established a traffickingand smuggling police unit in 2011 composed of six officers.During the reporting period, authorities investigated 46 casesof transnational sex trafficking and 104 cases of promoting orfacilitating child prostitution using previous statutes. As theprior transnational sex-trafficking statute also criminalizedmoving people across borders for the purposes of prostitution,it was unclear how many of those investigations involved sextrafficking as defined in the 2000 UN TIP Protocol. Authoritiesinvestigated several labor and sex trafficking cases under thenew law and initiated at least three prosecutions; one caseinvolved a former senator and presidential candidate accused offorced labor crimes. Chilean courts achieved four convictionsunder the transnational sex-trafficking statute, and reported30 convictions for the facilitation or promotion of prostitutionof minors. Authorities did not report the range of sentencesfor these convictions. This compares with 39 convictionsachieved under those statutes in 2010.There were no reported investigations, prosecutions, orconvictions for official complicity related to human trafficking.During the year, authorities provided specialized training ontrafficking for prosecutors and social workers.ProtectionThe Chilean government delivered comprehensive victimservices to child sex trafficking victims, but offered fewspecialized services to adult sex trafficking victims andvictims of forced labor. The government did not employsystematic procedures to proactively identify traffickingvictims among vulnerable populations or to refer them toservices, although some agencies reported having guidelinesfor victim identification. However, authorities did not reporthow many victims were identified in Chile during the reportingperiod.Chilean law mandates the provision of medical care,psychological counseling, and witness protection servicesto adult victims of trafficking who assist in traffickinginvestigations, and authorities reported providing this tovictims during the year. NGOs and some officials, however,noted a lack of adequate services and shelters for traffickingvictims. The National Service for Minors (SENAME) providedservices to child victims of sex trafficking through its nationalnetwork of 16 walk-in centers for children subjected tocommercial sexual exploitation, and reported assisting 1,168child victims in 2011, some of whom were likely traffickingvictims. SENAME had a budget of approximately $2.6 millionin 2011 for these NGO-administered centers. SENAME alsofunded one residential shelter exclusively for child sextrafficking victims and provided child trafficking victimswith legal services. Adult sex trafficking victims generally werereferred to NGOs and international organizations, some ofwhich received government funding. These organizations alsoaided foreign trafficking victims with voluntary repatriation.There were no specialized shelters for adult trafficking victims,but the government planned to fund a dedicated shelter forfemale adult trafficking victims which an NGO would operate;this shelter was slated to open in 2012. Specialized assistanceto forced labor victims was limited; however, authoritiesprovided Paraguayans found in forced labor in a vineyardwith temporary lodging at a hotel, as well as food and medicalattention.Chilean authorities encouraged victims to assist in theinvestigation and prosecution of their traffickers. Foreignvictims were eligible for temporary residency with the right
  • 59. 118CHINAto work for a minimum six-month period while they decidewhether to participate in judicial proceedings, and six victimsreceived this residency during the reporting period. The lawalso establishes foreign victims’ rights to take steps towardregularizing their legal status in Chile.PreventionThe government sustained awareness efforts during thereporting period and increased interagency coordination.The Interagency Working Group on Trafficking in Personsmet once in 2011, while its directing committee met on amonthly basis and conducted an internal analysis of existinganti-trafficking efforts. Lack of effective collaboration andprotocols between different government agencies continue tobe a challenge. SENAME continued to raise awareness aboutchild prostitution through awareness campaigns. Authoritiesprovided anti-trafficking training to Chilean troops priorto their deployment abroad for international peacekeepingmissions. The government prosecuted individuals for solicitingsexual services from children. No specific efforts to reducedemand for forced labor were reported.CHINA (Tier 2 Watch List)China is a source, transit, and destination country for men,women, and children subjected to forced labor and sextrafficking. Women and children from neighboring countriesincluding Burma, Vietnam, Laos, Mongolia, Russia, andNorth Korea, and from locations as distant as Europe andAfrica are reportedly trafficked to China for commercialsexual exploitation and forced labor. While the majority oftrafficking occurs within China’s borders, there are numerousreports that Chinese men, women, and children may besubjected to conditions of forced prostitution and forced laboraround the world. Human trafficking of Chinese nationalshas been reported in over 70 countries, including everypopulated continent. Low- and medium-skilled Chineseworkers migrate voluntarily to other countries for jobs, butsome subsequently face conditions indicative of forced labor,such as withholding of passports and other restrictions onmovement, nonpayment of wages, physical or sexual abuse,and threats. High recruitment fees, sometimes as much as$70,000, compound Chinese migrants’ vulnerability to debtbondage and other situations of trafficking.Trafficking is most pronounced among China’s internalmigrant population, which is estimated to exceed 221 millionpeople. Forced labor remains a problem, including in brickkilns, coal mines, and factories, some of which operate illegallyand take advantage of the lax labor supervision. Forced labor,including forced begging by adults and children, took placethroughout China in 2011. In one case of forced labor, 2,000workers protesting labor conditions were forced to return towork under police surveillance. During the reporting periodsome children in “work-study programs” were forced to workin farms and factories. There were reports that authoritiesin Xinjiang required school-age students to pick cotton andengage in other forms of organized labor as part of a work-studyprogram. The forced labor of the mentally disabled continuedin the reporting period and was noted in the press in a numberof disturbing examples. For example, a reporter disguisedhimself as a mentally disabled individual and roamed a city’srailway station, soon after which he was thrown into a carand sold by human traffickers for $78 to brick kiln owners towork in their kiln. Also during the reporting period, policerescued 30 mentally disabled men, some of whom had beenheld for over seven years in appalling conditions in a brickfactory, where the men were beaten with belts, and in somecases blinded as a result of their injuries. According to an NGOin China, forced labor cases involving the mentally disabledare prolific, police rarely follow up, and little action is takenagainst the perpetrators.Forced, state-sponsored labor is part of a systematic formof repression known as “re-education through labor.” Thegovernment reportedly profits from this forced labor. Manyprisoners and detainees in “reeducation through labor”facilities were required to work, often with no remuneration.Authorities held individuals in these institutions as a result ofadministrative decisions. NGO reports state that forced laboris also a problem in penal institutions. Forced labor was aproblem in some of the government’s drug detention centersas well, according to NGO reporting; some detainees wereforced to work up to 18 hours a day without pay for privatecompanies working in partnership with Chinese authorities.During the reporting period, over 216,000 former drug userswere detained in 165 “re-education through labor” centers,where prisoners are subject to forced labor, often in the form ofhard labor, and receive no compensation for their work. Alsoduring the reporting period, media sources widely reportedon state-sponsored moneymaking schemes within prisons,including the phenomenon of “virtual gold mining.” Theprisoners received no compensation for their labor, and infact were beaten for failing to complete work quotas.There continue to be reports that some Chinese children areforced into prostitution, and various forms of forced labor,including begging, stealing, and work in brick kilns andfactories. Some children in work-study programs supportedby local governments have been reported to face conditionsof forced labor in factories and farms. China has millions ofchild laborers in the country. Well-organized internationalcriminal syndicates and local gangs play key roles in bothinternal and cross-border trafficking. China’s birth limitationpolicy, coupled with a cultural preference for sons, createsa skewed sex ratio in China, which served as a key cause oftrafficking of foreign women as brides for Chinese men andfor forced prostitution.The Government of the People’s Republic of China does notfully comply with the minimum standards for the eliminationof trafficking. The government did not demonstrate evidenceof increasing efforts to address human trafficking over theprevious year; therefore, China is placed on Tier 2 Watch Listfor an eighth consecutive year. China was granted a waiverof an otherwise required downgrade to Tier 3 because itsgovernment has a written plan that, if implemented, wouldconstitute a significant effort to meet the minimum standardsfor the elimination of trafficking and is devoting sufficientresources to implement that plan.During the reporting period the Chinese government madepublic some statistics relating to the sex trafficking of womenand children, but these statistics were not disaggregated andincluded a number of other crimes not related to trafficking,such as kidnapping and smuggling. The government did notrelease any statistics relating to the trafficking of forced laborvictims or the trafficking of men. The government did notprovide comprehensive victim protection services to both
  • 60. CHINA119internal and foreign victims of trafficking throughout thecountry, but continued to train managers of multipurposeshelters.The government continued drafting the 2012 NationalPlan of Action for anti-trafficking efforts, which should bereleased in December 2012, in consultation with internationalorganizations; at the time of publication of this report, thedetails of the draft plan were not yet public. In March 2012, thegovernment released data about a variety of crimes, some ofthem purportedly human trafficking, reflecting an expandeddefinition of trafficking that included illegal adoption andcrimes of abduction. Thus, it is impossible to discern whatefforts the Chinese government has undertaken to combattrafficking. The government’s crackdown on prostitutionand child abduction reportedly included rescuing victims oftrafficking and punishing trafficking offenders. NonethelessChina continues to conflate trafficking with non-traffickingcrimes such as fraudulent child adoption, rendering the fullextent of the government’s anti-trafficking efforts unclear.Despite basic efforts to investigate some cases of forced laborthat generated a high degree of media attention and theplans to hire thousands of labor inspectors, the impact ofthese measures on addressing the full extent of traffickingfor forced labor throughout the country remains unclear. Thegovernment took no discernible steps to address the role thatits birth limitation policy plays in fueling human trafficking inChina, with gaping gender disparities resulting in a shortageof female marriage partners. The government failed to takeany steps to change the policy; and in fact, according to theChinese government, the number of foreign female traffickingvictims in China rose substantially in the reporting period. TheDirector of the Ministry of Public Security’s Anti-TraffickingTask Force stated in the reporting period that “[t]he numberof foreign women trafficked to China is definitely rising”and that “great demand from buyers as well as traditionalpreferences for boys in Chinese families are the main culpritsfueling trafficking in China.” China continued to lack a formal,nationwide procedure to systematically identify victims oftrafficking; however, in the past the government issued anational directive instructing law enforcement officers to treatpeople in prostitution as victims of trafficking until provenotherwise and prohibited police from closing any trafficking-related cases until the victims were located. Victims may bepunished for unlawful acts that were a direct result of theirbeing trafficked – for instance, violations of prostitution orimmigration and emigration controls. Chinese authoritiescontinue to detain and forcibly deport North Korean traffickingvictims who face punishment upon their return to North Koreafor unlawful acts that were sometimes a direct result of beingtrafficked, and these North Koreans face severe punishment,which may include death, upon being forcibly repatriated toNorth Korea by China.PRecommendations for China:Draft and enact comprehensiveanti-trafficking legislation in line with the 2000 UN TIPProtocol; cease pre-trial detention of forced labor and sextrafficking victim advocates and activists; seek the assistanceof the international community to close “re-education throughlabor” camps; provide disaggregated data on efforts toinvestigate and prosecute human trafficking; vigorouslyinvestigate and prosecute government corruption andcomplicity cases, and ensure officials are held to the higheststandards of the law; seek the assistance of the internationalcommunity to bring China’s trafficking definition in line withthe 2000 UN TIP Protocol, including separating out non-trafficking crimes such as illegal adoption, abduction, andsmuggling; publish the national plan of action to address allforms of trafficking, including forced labor and the traffickingof men; provide data on funds spent on trafficking and lawenforcement efforts, including separating out non-traffickingcrimes such as abduction, illegal adoption, and smuggling;prohibit punishment clauses in employment contracts ofworkers, both those working domestically and those workingabroad; increase transparency of government efforts to combattrafficking; institute effective victim identification proceduresamong vulnerable groups, such as migrant workers, thementally disabled, women arrested for prostitution, andchildren, and ensure these populations are not prosecutedfor crimes committed as a result of trafficking; expand availabletrafficking shelters and resources, including counseling,medical, reintegration, and rehabilitative assistance to alltrafficking victims, including male and forced labor victims;assist Chinese citizen victims of trafficking found abroad;cease detaining, punishing, and forcibly repatriating NorthKorean trafficking victims; provide legal alternatives to foreignvictims’ removal to countries in which they would facehardship or retribution; educate the public to reduce demandfor, and vigorously investigate and prosecute, child sex tourismcases.ProsecutionThe government’s anti-trafficking efforts continued to focuson transnational trafficking of foreign women and girls toChina and the forced prostitution of Chinese girls and womenwithin the country. The amount and degree of complicity bygovernment officials in trafficking offences remained difficultto ascertain. The government did not report efforts to combattrafficking facilitated by government authorities.Article 240 of China’s criminal code prohibits “abducting andtrafficking of women or children,” but does not adequatelydefine these concepts. Article 358 prohibits forced prostitution,which is punishable by five to 10 years’ imprisonment.Prescribed penalties under these statutes range from fiveyears’ imprisonment to death sentences, which are sufficientlystringent and commensurate with those prescribed for otherserious crimes, including rape. Article 244 of the ChineseCriminal Code prohibits “forcing workers to labor,” punishableby three to 10 years’ imprisonment and a fine, and expandsculpability to those who also recruit, transport, or assistin “forcing others to labor.” However, it remains unclearwhether, under Chinese law, children under the age of 18 inprostitution are victims of trafficking regardless of whetherforce is involved. In addition, it remains unclear whether theseChinese laws prohibit the use of common non-physical formsof coercion, such as threats and debt bondage, as a form of“forcing workers to labor” or “forced prostitution” and whetheracts such as recruiting, providing, or obtaining persons forcompelled prostitution are covered. While trafficking crimescould perhaps be prosecuted under general statutes relatedto fraud and deprivation of liberty, authorities did not report
  • 61. 120CHINAusing these provisions to prosecute and punish traffickingoffenders.Due to the government’s continued conflation of humansmuggling, child abduction, and fraudulent adoptions withtrafficking offenses, it is unclear how many trafficking casesthe government investigated and prosecuted during thereporting period. Due to this conflation, it was not possibleto accurately assess Chinese law enforcement efforts, includingstatistics on trafficking such as investigations, prosecutions,and convictions.In April 2011, the government reported rescuing a numberof Uighur children from forced begging and pick-pocketingrings, many of whom were likely victims of trafficking. InNovember 2011, the Ministry of Public Security collaboratedwith Angolan police to rescue 19 Chinese women found inforced prostitution in Angola. Five suspects were arrested inChina in response to the case, although it is unknown whatcharges were brought against the suspects, or what care wasprovided to the victims. There were also instances of forcedlabor of Chinese workers in Angola. Some companies ownedby the Chinese government reportedly subjected both Chineseand locally-employed staff to conditions of forced labor. InZambia, local employees were forced to work in copper minesunder dangerous conditions by Chinese managers. Chineseand Vietnamese police collaborated on a trafficking case,leading to the rescue of 22 Vietnamese victims and the arrest of17 suspects in China. In August 2011, Chinese officials workedwith Philippine counterparts to secure the extradition of atrafficker back to China. The trafficker allegedly organizedand led a criminal gang which forced more than 2,000 womeninto prostitution in Chongqing. In previous reporting periods,the Ministry of Public Security reported conducting an annualcomprehensive assessment of anti-trafficking work in eachcategory of trafficking, but the government never reportedproducing this report in 2011. The government did not reportfunding any training for law enforcement during the reportingperiod.ProtectionIt is unclear what efforts the Chinese government madeto protect trafficking victims in the reporting period. Thegovernment did not provide data on how many traffickingvictims the government rescued or identified, and did notdisaggregate data on trafficking from other statistics. TheChinese government did not release information on what fundswere dedicated to provide protective services for traffickingvictims. During the reporting period, the Chinese governmentclaimed that, out of the 1,400 government-run and fundedshelters, five were dedicated to care for victims of humantrafficking, although victims also had access to basic servicesat China’s general shelter network. It is unclear what guidelines,if any, the government used to identify trafficking victimsformally, but the government did begin to provide trainingto law enforcement officers on identifying such victims. Thelack of effective victim identification measures in China causesvictims to be punished for crimes committed as a direct resultof being trafficked. Law enforcement and judicial officialscontinued to punish forced prostitution victims rather thantheir traffickers.The government continued to instruct local women’s federationorganizations to refer victims of trafficking to one of two phonenumbers to report cases of suspected human trafficking. Thequasi-governmental All-China Women’s Federation (ACWF)continued to allocate an unknown amount of funds to operate“women’s homes” where female victims have access to a varietyof protective services. It is unclear how many trafficking victims,if any, reported their cases or if there were any instances inwhich the government provided assistance based on callsto the hotlines. In some instances, child trafficking victimswere placed in child welfare centers run by the Ministryof Civil Affairs; those centers were linked with hospitalsand professionals that provide specialized care. Chinesediplomatic staff overseas did not typically intervene in labordisputes, some of which may have involved trafficking. Whilethere were some instances in which the Chinese governmentassisted their citizens found in trafficking abroad, there were anumber of instances in which it did not. During the reportingperiod, China worked with an international organizationto develop appropriate investigation protocols to preventpotential trauma to juvenile crime victims. The governmentdid not provide foreign victims with legal alternatives toremoval to their native countries, even if they might facehardship or retribution. NGOs along the southern borderreported some improvements in Chinese official rescue andrehabilitation support to trafficking victims, particularly withthe establishment of cross-border anti-trafficking liaisonoffices.Chinese authorities continued to repatriate North Koreanrefugees forcibly, including those found to be trafficked.The government continued to treat North Koreans found inChina solely as illegal economic migrants despite credibleindependent reporting that approximately 90 percent ofNorth Korean female refugees in China are trafficking victims.The government detained and deported these refugees toNorth Korea, where they faced severe punishment and death,including in North Korean forced labor camps. The Chinesegovernment did not provide North Korean trafficking victimswith legal alternatives to repatriation. Chinese authoritiesprosecuted citizens who assisted North Korean refugees andtrafficking victims, as well as those who facilitated illegalborder crossings. During the reporting period, the governmentdeployed hundreds of officers to conduct “manhunts” totrack down North Korean refugees in China. The governmentcontinued to bar UNHCR from access to North Koreans innortheast China. The lack of access to UNHCR assistance andthe issue of forced repatriation by Chinese authorities leaveNorth Koreans vulnerable to human traffickers.PreventionThe Chinese government made minimal efforts to preventtrafficking in persons during the reporting period. Thegovernment undertook significant efforts to improveinteragency and other internal coordination among thoseinvolved in combating trafficking throughout the country.The State Council’s Inter-Ministerial Meeting Office againstHuman Trafficking held quarterly working-level meetings withthe ministries and departments involved to gather informationfor research and analysis. This information was used to shapeand guide next steps in China’s efforts to combat humantrafficking. The Labor Contract Law Enforcement InspectionTeam of the National People’s Congress Standing Committeemet for the first time in July 2011 and issued instructionson conducting inspections of non state-owned enterprisesto ensure enforcement of the Labor Contract Law. Despitethese efforts, however, Chinese labor contracts often contain“punishment clauses” which are enforceable in Chinese courts
  • 62. COLOMBIA121but often illegal in countries to which Chinese workers aresent. These clauses render workers vulnerable to forced labor,often by allowing Chinese companies to impose steep finesor require substantial deposits from Chinese workers thatcould expose them to conditions of forced labor, includingdebt bondage. The government did not address the effects itsbirth limitation policy has in creating a gender imbalance andfueling trafficking, particularly through forced marriage. InAugust 2011, the Director of the Ministry of Public Security’sAnti-Trafficking Office publicly acknowledged that the greatdemand from marriage buyers, which results from thetraditional preference for boys in Chinese families, was themain factor fueling trafficking in China. China’s highest-rated television channel ran broadcasts raising awareness onhuman trafficking. The government continued to disseminatesome anti-trafficking messages in train and bus stationsand through media such as cell phones, television, and theinternet. ACWF continued to work with an internationalorganization to incorporate messages on avoiding humantrafficking situations into school curricula. The Ministry ofPublic Security convened a meeting of the Inter-MinisterialMeeting Office against Human Trafficking in April 2011 tocoordinate the government’s anti-trafficking efforts with the31 government ministries and agencies involved.Another important contributing factor to the problem ofhuman trafficking is the government hukou householdregistration system, which contributes to the vulnerabilityto trafficking of internal migrants. Chinese forces participatingin peacekeeping initiatives abroad receive no trafficking-in-persons training from the Chinese government independentof the training provided by the UN prior to deployment. Thegovernment did not take any measures to reduce the demandfor commercial sex acts during the reporting period. Thegovernment made no efforts to prevent Chinese citizensfrom engaging in child sex tourism while abroad during thereporting period, despite the fact that Chinese citizens werefound engaging in child sex tourism in both Indonesia andthe Philippines during the reporting period.COLOMBIA (Tier 1)Colombia is a major source country for women and girlssubjected to sex trafficking in Latin America, the Caribbean,Western Europe, Asia, and North America, including theUnited States, as well as a transit and destination countryfor men, women, and children subjected to forced labor.During the year, seven Colombian sex trafficking victimswere identified in Indonesia. Within Colombia, some menand children are found in conditions of forced labor in miningand agriculture, and the sex trafficking of women and childrenremains a significant problem. Some women and children aresubjected to domestic servitude; an international organizationpublished a study noting that 10 percent of domestic workersinterviewed in Cali experienced strong indicators of domesticservitude during their first job. NGOs indicated that forcedbegging was a problem in urban areas. Groups at high risk forinternal trafficking include internally displaced persons, poorwomen in rural areas, indigenous communities, and relativesof members of criminal organizations. Some Ecuadorianchildren, many of them indigenous, are subjected to forcedlabor and sex trafficking in Colombia. Illegal armed groupsforcibly recruit children to join their ranks; there are norecent figures to estimate the total number of child soldiersin Colombia, but authorities identified 483 cases of childrenrecruited by armed groups in 2011. Members of gangs andorganized criminal networks force relatives, acquaintances,and displaced persons – typically women and children – intoconditions of sex trafficking and forced labor, including inthe illegal drug trade. Colombia (particularly the northernColombian coast and Medellin) is a destination for foreignchild sex tourists from the United States, Europe, and otherSouth American countries.TheGovernmentofColombiafullycomplieswiththeminimumstandards for the elimination of trafficking in persons.During the reporting period, the government maintainedstrong law enforcement actions against transnational sextrafficking offenders, continued to partner with internationalorganizations on prevention efforts, and reactivated its inactivetrafficking hotline. Efforts to investigate internal traffickingcases and forced labor crimes remained weak, however, withno reported convictions for these offenses. Authorities didnot make effective use of procedures to proactively identifytrafficking victims among vulnerable populations, and thevictim protection decree remained pending. While authoritiesprovided services to hundreds of suspected child traffickingvictims during the year, the only trafficking-specific shelterin the country, operated by an NGO, opened and shut downduring the reporting period due to lack of funding. Thesignificant number of Colombians trafficked abroad as wellas internally reflects the continued need for dedicated fundingfor comprehensive victim services.Recommendations for Colombia: Ensure that traffickingvictims are provided access to protection and specializedservices, including dedicated shelters for trafficking victims,through specific funding; work toward finalizing the pendingtrafficking victim assistance decree with designated funding;create formal measures to identify trafficking victims amongvulnerable populations within the country; increase effortsto proactively identify, investigate and prosecute forced laborand internal sex trafficking cases; enhance coordinationbetween labor officials and law enforcement officials to ensureproactive identification and investigation of forced labor cases,including those involving domestic servitude; establishcollaborative framework between labor inspectors and policeinvestigators and prosecutors to work on forced labor cases;strengthen the interagency trafficking center’s ability to collectaccurate data and to coordinate anti-trafficking efforts; offeranti-trafficking training for local police officers, laborinspectors, immigration officials, prosecutors, and judges;provide foreign victims with formal legal alternatives todeportation; continue efforts to identify and assist Colombiantrafficking victims abroad through training and increasedresources for diplomatic missions in other countries; andcontinue to raise public awareness about the dangers of allforms of human trafficking.
  • 63. 122COLOMBIAProsecutionThe Government of Colombia maintained strong lawenforcement efforts against transnational human traffickingduring the reporting period, though its efforts to investigateand prosecute internal trafficking crimes were weak, withno reported convictions for internal trafficking. Colombiaprohibits all forms of trafficking through its anti-traffickingstatute, Law 985, which prohibits the capture, transfer, orreceipt of a person within the country or overseas for thepurposes of exploitation. Exploitation is defined as receiving abenefit, economic or otherwise, through the exploitation or theprostitution of another or other forms of sexual exploitation,forced labor, slavery, servitude, begging, servile marriage,organ extraction, sex tourism, or other exploitative activities,for economic or other gain. Law 985 prescribes minimumpunishments of 13 to 23 years’ imprisonment, which aresufficiently stringent and commensurate with punishmentsprescribed for other serious crimes, such as rape. The law’sdefinition of human trafficking does not include the elementof force, fraud, or coercion. In 2011, reforms to the penalcode increased fines for trafficking of minors, as well asreforming penalties for using minors in the commission ofcrimes, establishing sentences of 10 to 20 years’ imprisonment.In 2011, Colombian authorities reported 72 open investigationsof trafficking cases; the majority of the cases involved adultvictims subjected to forced prostitution abroad, with onereported investigation of forced child labor. Authoritiesreported 56 new trafficking prosecutions, and convictionswere obtained in 16 transnational sex trafficking casesduring the year. Sentences ranged from two years’ to 26years’ imprisonment, with seven convicted traffickers servingsentences under house arrest, and fines ranging from theequivalent of $47,000 to $310,000. In comparison, authoritiesreported 17 convictions during the previous year, including onefor internal labor trafficking. Trafficking crimes are sometimescategorized under other statutes, such as those prohibitingpimping of minors or kidnapping.While one specialized prosecutor handles all transnationaltrafficking cases, there were no dedicated units for cases ofinternal trafficking. Instead, internal cases of trafficking areinvestigated by local prosecutors, including sex crimes units.Officials noted efforts to investigate trafficking crimes werelimited by resources, and the specialized prosecutor faced asignificant number of cases. Authorities continued to operateCOAT (Operational Anti-Trafficking in Persons Center), aninteragency center which was supposed to coordinate and trackcriminal investigations and prosecutions, collect nationwideinformation and statistics about trafficking crimes, and refervictims to providers of protective services. A study publishedin 2011 highlighted the inconsistency in victim and case datafrom COAT from 2005 through 2010. Authorities committedto launching a new data-tracking system after failing tosuccessfully implement two previous systems, including onedeveloped for the government by an international organization.NGOs and international organizations expressed concernthat some government officials had a limited understandingof human trafficking, and could therefore not effectivelyidentify and assist victims. In partnership with an internationalorganization, public officials received training on how toinvestigate and prosecute trafficking cases, as well as howto assist trafficking victims, including through a mock trialtraining program where more than 400 officials were trainedin 2011. The government did not report any cooperativeinternational trafficking investigations during the reportingperiod. The government did not report investigating,prosecuting, or convicting any public officials for trafficking-related offenses.ProtectionThe Government of Colombia provided some assistanceto trafficking victims: authorities identified and assisted asignificant number of potential child trafficking victimsthrough programs targeted at child victims of sexual violenceand for child soldiers, but few services were availablespecifically for trafficking victims. The government did notreport employing formal procedures to identify traffickingvictims among vulnerable populations within the country,such as displaced persons or women in prostitution. Laborinspectors did not report identifying any trafficking victimsduring the reporting period, and efforts to identify forcedlabor victims were minimal, as most inspections were carriedout in the formal economy, as opposed to the informal andillicit sectors, and inspectors lacked sufficient funding fortransportation.Officials noted that the lack of legal guidelines for the careand protection of victims remained a significant challenge.A victim protection decree to formally assign responsibilityfor victim services and to allocate funding was required byLaw 985 and was first drafted in 2008; however, it remainedpending during the year. Officials and members of civilsociety noted that without this decree, there is no set budgetfor victim services, and instructions for victim identificationand assistance were lacking. Some local officials noted that inthe absence of this decree, they could not claim competencyon the issue or include it in their budget.The government reported identifying 21 trafficking victims in2011; all but one victim was subjected to sex trafficking, andone victim was a child. In comparison, in 2010, authoritiesreported identifying 76 transnational trafficking victims and15 victims of internal trafficking. The majority of victimsidentified by authorities were adults exploited in transnationalsex trafficking. A study published during the year by aninternational organization with anti-trafficking expertisesuggested that this form of trafficking is greatly under-reportedand under-identified by officials. The Colombian Child WelfareInstitute (ICBF) reported 589 cases of child prostitutionin 2011, and it is likely that many of these cases involvedtrafficking victims. Colombian consular officials reportedassisting nine Colombian victims trafficked overseas duringthe reporting period: four in Indonesia, three in China, one inGuatemala, and one in Singapore. In comparison, Colombianconsular officers abroad assisted 106 trafficking victims in 2010.However, a study published during the year noted that in 70percent of the cases of transnational trafficking registered byauthorities between 2006 and 2010, there was no informationregarding the form of trafficking, calling into question theaccuracy of this data. One NGO in Medellin noted that themajority of the victims they assisted were internally displaced,and authorities reported rescuing 282 children from armedgroups in 2011.The majority of specialized victim services in Colombiawere funded by international organizations and NGOs. Thegovernment reported providing an international organizationwith the equivalent of approximately $22,000 in funding forshort-term victim services, to be dispersed through Colombian
  • 64. COMOROS123NGOs, as well as a separate amount of the equivalent of$28,000 for emergency assistance to transnational traffickingvictims abroad. Ten victims received services through NGOsfunded by this mechanism. Authorities reported followinga national trafficking victim assistance plan to refer all 21identified victims to services. Officials reported that thissystem worked well and noted that significant funding forvictim services remained at the end of the year. However,NGOs receiving these funds asserted that the referral processdid not work well in practice, and that funding was insufficientand inefficiently distributed. During the year, one NGOopened the first shelter in Colombia dedicated to assistingtrafficking victims, but the shelter closed due to lack of funding.The ICBF operated 34 centers that offered comprehensiveservices for child victims of sexual violence, although itdid not maintain statistics on how many child traffickingvictims received services at these centers during the year. Thegovernment maintained a reintegration program for childsoldiers found in the ranks of armed groups and during theyear 835 children participated in the program. Authoritiesreported providing medical and psychological care, access tofinancial and employment assistance, and information andlegal support for judicial processes; however, NGOs stated thatthis assistance was cursory and inadequate. An internationalorganization noted that reintegration services and assistancebeyond short-term emergency care were minimal. Servicesfor male victims were very limited.The government encouraged victims to assist in traffickinginvestigations and prosecutions. Prosecutors reported thatsix victims collaborated with law enforcement officials toidentify traffickers in 2011. However, most victims werereluctant to testify against their traffickers due to fear ofreprisals or lack of awareness of their status as victims of aserious crime. An NGO reported that the judicial processre-victimized the victims. While there is a limited programto provide protections to victims of crimes who testify, notrafficking victims participated during the year. Officialsreported that five victims received monetary compensations ofan undisclosed amount. There were no reports of victims beingjailed or otherwise penalized for unlawful acts committed asa direct result of being trafficked. There was no specializedlegal mechanism whereby the government offered a visa ortemporary residence status to foreign trafficking victims.Authorities reported that they could provide foreign traffickingvictims with temporary permission to remain in the countryduring the investigative process on a case-by-case basis;however, authorities did not report identifying or assistingany foreign trafficking victims in 2011.PreventionThe government maintained prevention efforts against humantrafficking in partnership with civil society organizations.The interagency anti-trafficking committee continued tocoordinate efforts and to implement the national strategy tocombat trafficking, and reported meeting frequently duringthe reporting period, although civil society actors noted thathigh turnover impacted its efficacy. In partnership with aninternational organization, all 32 departments maintainedanti-trafficking committees, although they maintained varyingdegrees of activity and civil society actors noted that someexisted in name only. In June 2011, authorities re-launchedthe human trafficking hotline: from April 2010 to June 2011,the hotline had ceased functioning due to insufficient funds.Between June and December 2011, the line received 8,000calls. Authorities conducted a wide range of awareness-raisingactivities in partnership with international organizations,including a national information campaign on trafficking.Authorities continued to partially fund awareness workshopsby an international organization that trained over 3,000 beautysalon employees during the year. Child sex tourism is not aspecific crime under Colombian law; while the ICBF reported49 cases of child sex tourism in 2011 and law enforcementinvestigated several child sex tourists during the year, therewere no reported prosecutions or convictions of child sextourists in Colombia. There were no reported efforts to reducethe demand for commercial sex from adults or any efforts toreduce the demand for forced labor.COMOROS (Tier 2 Watch List)The Comoros is a source country for children, and possibly formen and women, subjected to forced labor and sex trafficking.Comoran children are subjected to forced labor within thecountry – mostly on the island of Anjouan – in domesticservice, roadside and market vending, baking, and agriculture.Children from Anjouan are sent as domestic workers toMayotte, where some of the children are subjected to forcedlabor. Children from Anjouan are also coerced into criminalactivities, such as drug trafficking. Girls are exploited inprostitution on all three islands in rented houses, nightclubs,and hotels, often with the knowledge of their families andafter being coerced by other young girls. There are reports thatforeign tourists frequent these establishments. Many Comoranboys aged three to 14 studying at Koranic schools headed bycorrupt fundi, or religious teachers, are exploited in forced laboras porters, market vendors, field hands, construction workers,or domestic servants. These Koranic students – includinggirls – also are subjected to physical and sexual abuse; theILO reports more than 60 percent of children it surveyed in2009 were victims of sexual abuse by their fundi. The Comorosmay be particularly vulnerable to transnational traffickingdue to a lack of adequate border controls, endemic corruptionwithin the administration, and the existence of local andinternational criminal networks involved in human smugglingand document forgery. Trafficked Comoran children havebeen identified in domestic servitude in France.The Government of the Comoros does not comply fully withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitethese efforts, the government did not demonstrate evidenceof overall increasing measures to address human traffickingcompared to the previous year; therefore, the Comoros isplaced on Tier 2 Watch List for a second consecutive year.Although resource strapped, the government failed to find low-cost ways to take law enforcement action against traffickingoffenders, improve efforts to protect victims, and preventthese crimes from occurring. It took no discernible stepsunder existing legislation to investigate, prosecute, or punishtrafficking offenders, including corrupt fundi. Furthermore,the Ministry of Labor made negligible efforts to preventor investigate cases of forced child labor. NGO-run carecenters that provided support to trafficking victims receivedminimal support from the government. The governmentrelied on donor funding and international organizationpartners for the majority of its anti-trafficking efforts duringthe year. Nevertheless, the government, in partnership withinternational organizations, continued implementation of
  • 65. 124COMOROSa national action plan to address the worst forms of childlabor, including undertaking legislative efforts specificallyto prohibit and penalize trafficking in persons.Recommendations for the Comoros: Enact anti-traffickinglegislation; using existing legislation, investigate and prosecutetrafficking offenses and convict and punish traffickingoffenders, including corrupt fundi who exploit Koranicstudents; develop procedures, even informally, for theidentification and referral of trafficking victims to care;establish services and provide support for the care of traffickingvictims, possibly within facilities already in existence forvictims of other crimes; and continue anti-trafficking publicawareness campaigns on each of the islands.ProsecutionDuring the year, the Government of the Comoros demonstratedminimal anti-trafficking law enforcement commitment. Theprincipal act of note was the government’s inclusion of anti-trafficking provisions in labor legislation drafted during thereporting period; this legislation remains pending with theNational Assembly. However, the government did not takesteps to investigate or prosecute trafficking offenses in 2011.Comoran law does not prohibit all forms of human trafficking.Existing laws, however, could be used to prosecute traffickingcrimes, although the government did not report doing so.Article 323 of the penal code prohibits child prostitution,prescribing sufficiently stringent punishments of two to fiveyears’ imprisonment and fines of between the equivalentof $462 and $6,154; these penalties, however, are notcommensurate with those for other serious crimes, such as rape.Existing laws lack specific provisions concerning the forcedprostitution of adults. Article 2 of the labor code prohibitsforced and bonded labor, prescribing insufficiently stringentpenalties of from three months’ to three years’ imprisonmentor fines of from the equivalent of $308 to $1,538. Article 333of the penal code prohibits illegal restraint and prescribespenalties of 10 to 20 years’ imprisonment; these penaltiesare sufficiently stringent. As part of its implementation ofthe National Action Plan on the Worst Forms of Child Labor,the government made efforts to improve its labor laws duringthe year. The National Assembly conducted its first readingof the draft labor bill, which includes a provision specificallyto penalize and prohibit trafficking in persons, in December2011, following which members submitted recommendationsfor the bill’s amendment. The National Assembly had notpassed the bill during the session ending in February 2012.The government did not report its investigation or prosecutionof trafficking cases during the year. Due to social stigma,cases of violence against children are rarely referred to lawenforcement, and alleged perpetrators are often releasedwithout prosecution. The gendarmerie, prosecutors, andlocal authorities are influenced by important members ofComoran society, often leading to the release of offendersbefore completion of their trial. Corruption remained endemicthroughout the Comoros and hindered law enforcementefforts, including those to address trafficking, and may haveserved to facilitate the crime. The government did not takesteps to investigate or prosecute public officials for complicityin human trafficking. International organizations and NGOsprovided anti-trafficking training for officials during the year;however, the government did not support such training eitherfinancially or in-kind. In mid-2011, commanding officers inthe police and gendarme disseminated instructional circularsto their units to raise awareness on child labor and trafficking.ProtectionThe government made minimal efforts to protect victims ofhuman trafficking during the year. In 2011, the governmentwas to assume responsibility for funding three UNICEF-supported, NGO-run centers for abused children but failed todo so, limiting the services the centers were able to provide; onegovernment employee and a social work intern coordinatedefforts among or provided basic counseling support to thesethree NGO centers, which offered care and counseling to anunknown number of child trafficking victims during the year.The center in Anjouan assisted in 873 cases of violence againstchildren – including children abused by corrupt fundi, childrenused in the commission of crimes, or children enslaved indomestic service. The government provided basic medicalcare through national health centers or hospitals; however,the government failed to provide psycho-social services forvictims or support NGOs in doing so. The government didnot develop or employ systematic procedures for identifyingtrafficking victims or for referring them to the limited careavailable. Because government officials lacked the ability toidentify trafficking victims, some victims may have beenpenalized for crimes committed as a result of being trafficked.PreventionThe Comoran government maintained minimal efforts toprevent trafficking during the reporting period. Unlike in2010, the government conducted public awareness campaignson national television and officials made statements on radiobroadcasts in 2011 on child labor, including trafficking. Italso organized the celebration of World Day Against ChildLabor in June 2011, with high-level officials in attendance.The government has not established a national coordinatingbody to guide its efforts to combat trafficking. While it didnot have an action plan to address trafficking, the governmentcontinued its partnership with the ILO on the implementationof the 2010-2015 National Action Plan for the Eliminationof the Worst Forms of Child Labor, which includes activitiesto address child trafficking. As part of its implementation, inSeptember 2011, through Ministerial Decree No. 11/09, thegovernment created regional committees on each of the threeislands to support child labor sensitization campaigns; it isunclear whether these committees had coordinated campaignsduring the year. However, all subsequent awareness raisingevents or trainings were funded and run by the ILO andUNICEF. The Ministry of Labor is responsible for enforcingchild labor laws, but it did not effectively do so. It does notappear that the government made any efforts to reduce thedemand for commercial sex acts. The Comoros is not a partyto the 2000 UN TIP Protocol.
  • 66. CONGO,DEMOCRATICREPUBLICOFTHE125CONGO, DEMOCRATICREPUBLIC OF THE (Tier 3)The Democratic Republic of the Congo (DRC) is a source,destination, and possibly a transit country for men, women,and children subjected to forced labor and sex trafficking.The majority of this trafficking is internal, and while muchof it is perpetrated by armed groups and rogue elementsof government forces outside government control in thecountry’s unstable eastern provinces, incidents of traffickingoccur throughout all 11 provinces. A significant number ofunlicensed Congolese artisanal miners – men and boys – arereported to be exploited in situations of debt bondage bybusinesspeople and supply dealers from whom they acquirecash advances, tools, food, and other provisions at inflatedprices and to whom they must sell the mined minerals at pricesbelow the market value. The miners are forced to continue towork to repay constantly accumulating debts that are virtuallyimpossible to repay. Throughout the year, in North Kivu,South Kivu, and Katanga Provinces, armed groups – such asthe Democratic Forces for the Liberation of Rwanda (FDLR)– and Congolese national army (FARDC) troops routinelyused threats and coercion to force men and children to minefor minerals, turn over their mineral production, pay illegal“taxes,” or carry looted goods from mining villages.Some Congolese girls are forcibly prostituted in tent- or hut-based brothels or informal camps – including in marketsand mining areas – by loosely organized networks, gangs,and brothel operators. Some girls in Bas-Congo province arereportedly coerced into prostitution by family members or aretransported to Angola and placed into the sex trade. Congolesewomen and children have been exploited within the countryin conditions of domestic servitude and some migrate toAngola, South Africa, Republic of the Congo, as well as EastAfrican, Middle Eastern, and European nations, where theyare exploited in sex trafficking, domestic servitude, or forcedlabor in agriculture and diamond mines. There were reportsthat some Congolese youth in Bandundu and Bas-Congoprovinces were lured to Angola by the promise of employment;upon arrival, however, they were subjected to forced labor indiamond mines or forced into prostitution. Children fromthe Republic of the Congo may transit through the DRC enroute to Angola or South Africa, where they are subsequentlysubjected to domestic servitude. Local observers suspectthat some homeless children who act as beggars and thieves– known as cheggues – on the streets of Kinshasa are controlledby a third party. In previous years, Chinese women and girlsin Kinshasa were reportedly subjected to sex trafficking inChinese-owned massage facilities. Some members of Batwa,or pygmy groups, are subjected to conditions of forced laborin agriculture, mining, mechanics, and domestic service inremote areas of the DRC. A representative from a local NGOreported that, in Equateur province, pygmies are exploited in aform of hereditary slavery through which a non-pygmy familymaintains control over a pygmy family throughout generations;the victims are forced to work in timber or agriculture, or tohunt for the family for little or no compensation.The UN reported that indigenous and foreign armed groups,notably the FDLR, Patriotes Resistants Congolais (PARECO),various local militia (Mai-Mai), the Forces republicainesfederalistes (FRF), the Forces de Resistance Patriotique en Ituri(FPRI), the Front des Patriotes de la Justice au Congo (FPJC), theAllied Democratic Forces/National Army for the Liberationof Uganda (ADF/NALU), and the Lord’s Resistance Army(LRA), continued to abduct and forcibly recruit Congolesemen, women, and children to bolster their ranks and serveas laborers, porters, domestics, combatants, and sex slaves.Though at lower rates than in previous years, the LRAcontinued to abduct Congolese citizens, including children,in and near Orientale province; some of these abductees werelater taken to Sudan, South Sudan or the Central AfricanRepublic. Likewise, abducted South Sudanese and CentralAfrican citizens experienced conditions of forced labor andsexual servitude at the hands of the LRA after being forciblytaken to the DRC.Some FARDC commanders recruited, at times through force,men and children for use as combatants, escorts, and porters.During the year, the UN noted the continued presence ofchildren in FARDC training centers; from January to June 2011,66 such cases were documented in Orientale province alone.Former members of the militia group Congres National pour laDefense du People (CNDP) who were loosely integrated into theFARDC, particularly those commanded by Bosco Ntaganda,Colonel Innocent Zimurinda, and Colonel Baudouin Ngaruye,continued to be the worst offenders. However, the processof “regimentation” – a reorganization of the FARDC froma brigade- to a regiment-based system – undertaken by thegovernment in 2011, as well a change in UN data collectionmethodology which no longer distinguished those elementsthat had been poorly integrated into the FARDC from therest of the government’s armed forces, made the distinctionbetween these units less clear. An unspecified number ofchildren recruited by the CNDP prior to its incorporationinto the Congolese military remain within integrated FARDCunits and have not been demobilized. The UN OrganizationStabilization Mission in the DRC (MONUSCO) documented272 cases of children who were both recruited and separatedfrom armed groups in 2011, all of whom were identifiedin North and South Kivu provinces. In March 2012, theInternational Criminal Court, in issuing its first-ever verdict,convicted former Congolese rebel leader Thomas Lubanga forenlisting and conscripting children under the age of 15 duringconflict in the DRC between 2002 and 2003.FARDC elements reportedly pressed civilians – men, women,and children, including internally displaced persons andprisoners – into forced labor to carry ammunition, supplies,and looted goods, to fetch water and firewood, to serve asguides and domestic laborers, to mine for minerals, or toconstruct military facilities and temporary huts. There wereunconfirmed reports that policemen and members of othersecurity forces in eastern DRC arrested people arbitrarily inorder to extort money from them; those who could not paywere forced to work until they had “earned” their freedom.The Government of the Democratic Republic of the Congodoes not fully comply with the minimum standards for theelimination of trafficking and is not making significant effortsto do so. It did not sign a UN-sponsored action plan to end therecruitment and use of child soldiers within its armed forces,though it formed a ministerial committee for this purpose.The government did not apply legal sanctions against thosewho recruit and use child soldiers. Also, a number of FARDCcommanders accused of using child soldiers and committingforced labor abuses in previous reporting periods remained inleadership positions within the army and were not investigated,disciplined in any way, or brought to trial.
  • 67. 126CONGO,DEMOCRATICREPUBLICOFTHEDuring the reporting period, the government made nodiscernible law enforcement efforts to combat any form ofhuman trafficking. It continued to cooperate with internationalorganizations in the demobilization of children from armedforces; however, despite evidence of a multifaceted humantrafficking problem throughout the country’s 11 provinces,the government did not identify victims of other forms oftrafficking, and it did not provide protective services or referralsto NGO-operated facilities to victims of other forms of forcedlabor or sex trafficking.Recommendations for the Democratic Republic of theCongo: Investigate and prosecute military and other lawenforcement personnel – to the extent possible using existinglegislation and irrespective of their rank – accused ofunlawfully conscripting child soldiers or using localpopulations to perform forced labor, including in the miningof minerals, and punish convicted offenders; increase effortsto prosecute and punish non-military trafficking offenderswho utilize forced labor or control women and children inprostitution; cease the FARDC’s use of child soldiers, includingthose forcibly recruited, and demobilize all children from itsranks; adopt the implementing regulations to effectively applythe previously passed Child Protection Code; continue toensure that any armed groups integrated into the FARDC arevetted for the presence of child soldiers and all associatedchildren are removed and demobilized; adopt a UN-sponsoredaction plan to end the recruitment and use of children by theFARDC and begin to implement this plan; develop a legislativeproposal to comprehensively address all forms of humantrafficking, including labor trafficking; in partnership withNGOs or other civil society institutions, ensure the provisionof short-term protective services to victims of forced laborand sex trafficking; and take steps to raise awareness aboutall forms of human trafficking among the general population.ProsecutionThe government made no discernible progress in lawenforcement efforts to combat trafficking during the reportingperiod. The government’s ability to enforce its laws does notextend to many areas of the country in which human traffickingoccurs. The Ministry of Justice was allocated a budget of slightlyless than 1 percent of the national budget and, at the close ofthe reporting period, the government was operating withoutan approved budget for the current year. Existing laws do notprohibit all forms of labor trafficking. The July 2006 sexualviolence statute, Law 6/018, specifically prohibits sexualslavery, sex trafficking, child and forced prostitution, andpimping, prescribing penalties for these offenses ranging fromthree months’ to 20 years’ imprisonment. These penalties aresufficiently stringent and commensurate with those prescribedfor other serious crimes, such as rape. The government hasnot reported applying this law to suspected trafficking cases.The Child Protection Code (Law 09/001) also prohibits andprescribes penalties of 10 to 20 years’ imprisonment for sexualslavery, child trafficking, child commercial sexual exploitation,and the enlistment of children into the armed forces; it cannotbe fully implemented, however, reportedly because necessarydecrees from several ministries are lacking as is a fundingallotment from the Ministry of Finance.Unlike the previous year, the government did not reportinvestigating or prosecuting any trafficking cases during theyear, or convicting any offenders of trafficking on relatedcrimes. Bedi Mubuli Engangela (a.k.a. Colonel 106), a formerMai-Mai commander suspected of insurrection and war crimes,including the conscription of children, remained in detentionat Malaka Prison in Kinshasa for a fourth year; a trial date wasnot set before the close of the reporting period.Impunity for the commission of trafficking crimes by thesecurity forces remained acute; the government did not reportmaking efforts to hold suspected trafficking offenders withinits security forces accountable for the use of civilians forforced labor or the unlawful recruitment and use of childsoldiers. There was no evidence of disciplinary, investigative,or legal action taken by authorities, either during the reportingperiod or in recent years, following the commission of suchabuses. Lieutenant Colonel Jean-Pierre Biyoyo, formerly ofthe Mudundu-40 armed group and the first person convictedby Congolese courts of conscripting children, escaped fromprison in 2006 and was not re-incarcerated by the close ofthe reporting period. “Captain Gaston,” an armed groupcommander allegedly responsible for the mid-2006 murder ofan NGO child protection advocate attempting to identify andremove child soldiers, remained at large in Kitchanga, NorthKivu during the reporting period; his January 2007 arrestwarrant has not been executed and, after being promotedby the FARDC to the rank of major, he is leading a FARDCbattalion between Ngungu and Karuba.ProtectionElements of the governmental security forces continued tovictimize, rather than protect, local populations during thereporting period. Although the government assisted in theidentification and demobilization of child soldiers, it didnot offer specific protections to other types of traffickingvictims; beyond child soldiers, it did not report identifyingany victims of forced labor or sex trafficking during the year.NGOs provided the vast majority of the limited shelter, legal,medical, and psychological services available to traffickingvictims. The government lacked procedures for proactivelyidentifying victims of trafficking among vulnerable groupsor referring victims to protective services; there were reportsthat victims were sometimes detained for traveling within thecountry without proper documentation. An NGO reportedthat security forces regularly performed sweeps to round upcheggues in Kinshasa, at times at gunpoint, and expel themoutside the city center. The government did not show evidenceof encouraging victims to assist in investigations against theirtraffickers. While trafficking victims could file cases againsttheir traffickers in civil courts, there is no evidence that anyhave ever done so; the public widely viewed civil courts ascorrupt and believed outcomes were determined based onthe relative financial means of the parties to the lawsuit. Thegovernment offered no legal alternatives to the removal offoreign victims to countries in which they may face hardshipor retribution; there were, however, few foreign traffickingvictims identified within the DRC in 2011 and the governmenthas consistently allowed for the safe repatriation of foreignchild soldiers in cooperation with MONUSCO.
  • 68. CONGO,REPUBLICOFTHE127Under the National Disarmament, Demobilization, andReintegration Plan, all ex-combatants, including child soldiers,pass through a common process during which they disarm andreceive information about military and civilian reintegrationoptions. During this process, the National DemobilizationAgency (UEPN-DDR), in cooperation with MONUSCO andUNICEF, continued to separate and transport any identifiedchildren to NGO-run centers for temporary housing andvocational training. According to MONUSCO, 1,244 childsoldiers separated from armed groups were identified in2011; 256 of these children were from the FARDC, includingin elements which have been poorly integrated into thegovernment’s armed forces; approximately two-thirds ofthese children escaped from armed groups and the remainder,including 12 children under the age of 10 years old, wereidentified by UN child protection officers. An additional 302children released from armed groups in previous years wereidentified and provided services this year. Reintegrated childsoldiers remain vulnerable to re-recruitment as adequaterehabilitation services do not exist for children sufferingthe most severe psychological trauma. During the year, thegovernment, with support from a foreign donor, screened andprovided biometric identification cards to 103,217 members ofthe FARDC; as a result of these efforts, an unknown numberof children were identified, removed from the armed forces,and referred to NGOs to receive rehabilitative services. As aresult of MONUSCO’s government-requested assistance indemobilizing children associated with the FRF prior to thegroup’s integration into the FARDC, 52 children were identifiedand removed during the year, though it was estimated thatthis group contained greater numbers of children than wereidentified.While the FARDC high command remained supportive ofMONUSCO’s efforts to remove children from its forces duringthe reporting period, it lacked sufficient command and controlto compel many FARDC commanders to comply with standingorders to release their child soldiers, or to prevent groundtroops from recruiting additional children or subjectinglocal populations to forced labor. There were fewer reportsduring the year that FARDC commanders actively blockedefforts by MONUSCO to separate children from their ranks;however, it is suspected that some factions hid children fromUN representatives, and some FARDC elements continuedto harass, arrest, and physically mistreat children formerlyassociated with armed groups.PreventionThe government made no significant efforts to prevent humantrafficking during the reporting period. While the countryhas inter-ministerial bodies focused on human rights andchild protection, no similar coordinating mechanism existedto address human trafficking at the national level. Althoughthe National Ministry of Labor remained responsible forinspecting worksites for child labor, the ministry neitherconducted any forced child labor investigations nor identifiedany cases of forced child labor in 2011 and had no system totrack child labor complaints; inspectors often lacked meansof transportation or resources to carry out their work. Thegovernment took some steps to establish the identity of adultpopulations by issuing voter registration cards to severalmillion citizens between April 2011 and July 2011 throughthe country’s voter registration process. In December 2011,the government adopted a national action plan to combatthe worst forms of child labor, which includes some formsof child trafficking including child soldiering, but it did notallocate funds to implement the plan. The Katanga ProvincialCommittee to Combat the Worst Forms of Child Labor reportedholding a public awareness event, reportedly focused on theuse of children in artisanal mining, to correspond with theInternational Day to Combat Child Labor in June 2011; noother actions were reported by the three provincial committeesestablished during the previous year to combat child labor.The government did not take any known measures duringthe reporting period to reduce the demand for forced laboror commercial sex acts.In March 2012, senior FARDC officers, including commanders,from all regions of the DRC organized and participated in aseminar on security sector reform, including the government’s“zero tolerance” policy regarding the recruitment and use ofchildren in its armed forces. During the year, the Ministry ofDefense publicly maintained its adherence to this policy anddid not publicly engage in a discussion regarding childrenused by government forces, claiming that rebel groups werethe sole perpetrators of these crimes. However, in September2011, the government formed a committee comprised ofmembers of the Ministry of Defense and the Ministry of Justiceand Human Rights, to serve as the government’s focal pointfor discussions with the UN regarding a joint action plan onending the recruitment and use of child soldiers in the FARDC.In September, this committee met with UN representativesto discuss the steps toward signing an action plan; however,by the close of the reporting period, the government hadnot formally committed to signing such an action plan andnegotiations between the UN and the government had notyet begun.CONGO, REPUBLIC OF THE(Tier 2 Watch List)The Republic of the Congo is a source and destination countryfor children, men, and women subjected to forced labor and,to a lesser extent, sex trafficking. The majority of childrentrafficked within the country migrate from the Pool Regionto Pointe Noire and Brazzaville to serve as domestic workersfor relatives. Most child trafficking victims, however, arefrom Benin, Togo, Mali, Guinea, Cameroon, Senegal, andthe Democratic Republic of the Congo (DRC) which arealso sources of children subjected to forced domestic serviceand market vending. Some child trafficking victims are alsosubjected to forced fishing, and agricultural labor in the cocoafields in the Sangha Department, as well as commercial sexualexploitation. Sources estimate that child prostitution is highlyprevalent in Brazzaville, including many victims from theDRC. Twenty-four adult victims of domestic servitude – bothmen and women – were identified in the Congo in 2011, someenduring enslavement for up to 16 years.The Government of the Republic of the Congo does not fullycomply with the minimum standards for the elimination oftrafficking; however, it is making significant efforts to do so.Despite these efforts, the government did not demonstratea sufficient overall response to address human trafficking;therefore, the Republic of the Congo is placed on Tier 2 WatchList for a fifth consecutive year. The country was granted awaiver of an otherwise required downgrade to Tier 3 becauseits government has a written plan that, if implemented, wouldconstitute making significant efforts to bring itself into
  • 69. 128CONGO,REPUBLICOFTHEcompliance with the minimum standards for the eliminationof trafficking, and the government is devoting sufficientresources to implement that plan. The government continuedstrong victim protection efforts during the year, identifyingan increased number of victims and providing support toNGOs and foster families that offered protections to childtrafficking victims. The government’s broader anti-traffickingefforts, however, were emerging but weak. During the year,it made minimal efforts to bring trafficking offenders tojustice, as it failed to convict offenders or address systemicdeficiencies, including insufficient statutory prohibitions ofand penalties for trafficking offenses, and official complicityin trafficking crimes. The government expended additionalresources outside the budget line item on trafficking relatedactivities including planning materials for an anti-traffickingworkshop in Pointe Noire.Recommendations for the Republic of the Congo: Greatlyincrease efforts to investigate and prosecute trafficking offensesand to convict and punish trafficking offenders under the2010 Child Protection Code; ratify the 2000 UN TIP Protocol;amend the country’s penal code to include an adequatedefinition of human trafficking, including provisionsprohibiting the trafficking of adults; increase outreach, victimidentification, and law enforcement efforts on sex traffickingand the trafficking of adults; develop formal procedures toidentify trafficking victims among child laborers, illegalimmigrants, and women and girls in prostitution; continuecare to trafficking victims via government-funded programs,including medical, psychological, and legal services; conductgovernment-led training for social workers, law enforcementand immigration officials on the use of identification andreferral procedures; increase coordination on anti-traffickingefforts across all relevant ministries at the national level; andcontinue anti-trafficking awareness campaigns.ProsecutionThe Government of the Republic of the Congo mademinimal law enforcement efforts during the reporting period.Although it reportedly began prosecution of 13 suspectedtraffickers during the year, the government failed to convictany trafficking offenders. Article 60, Chapter 2, of the 2010Child Protection Code prohibits the trafficking, sale, trading,and exploitation of children. Article 115 of the same codeprescribes penalties of hard labor for an undefined periodand fines for offenders convicted of these offenses. Article68, a non-trafficking statute, also prohibits the worst formsof child labor, including the forced labor and prostitution ofchildren, for which Article 122 prescribes penalties of threemonths’ to one year’s imprisonment or fines of between theequivalent of $108 and $1,076. Article 4 of the country’s laborcode prohibits forced or compulsory labor, imposing fines theequivalent of $1,290 to $1,936 for convicted offenders. None ofthese penalties are sufficiently stringent and the penalties forsex trafficking are not commensurate with penalties prescribedfor other serious crimes, such as rape. The penal code, whichprohibits forced prostitution, may be used to prosecute sextrafficking offenses involving adults. Although Congoleselaw prohibits some forms of trafficking of adults, currentlythe country does not outlaw bonded labor or the recruitment,harboring, transport, or provision of a person for the purposesof forced labor. The government took no action to developlegislation that adequately defines, prohibits, and penalizeshuman trafficking, including specific provisions outlawingthe trafficking of adults.The government reportedly initiated prosecutions of 13trafficking offenders during the year, which remainedpending at the close of the period; however, the governmentdid not provide details of these cases and failed to reportcomprehensive law enforcement data. The Ministry of Labordid not report investigating or otherwise addressing any casesof forced child labor in 2011. In July 2011, police collaboratedwith NGO staff in a joint law enforcement operation, whichled to the identification of 12 victims of labor trafficking,including four children and the arrest of 11 suspectedtrafficking offenders; the 11 offenders were conditionallyreleased pending trial. Limited understanding of the childtrafficking law among law enforcement officials, judges, andlabor inspectors hindered the prosecution of traffickingcrimes. Following a donor-funded training, the Commanderof the National Police Academy began development of acurriculum on “Protection of Children’s Rights,” which willbe used to train police instructors in 2012. Nonetheless, thegovernment did not independently train its staff or providefinancial or material support for anti-trafficking trainings ledby international donors during the year. Despite allegations ofofficial trafficking complicity, the government did not reportany investigations, prosecutions, convictions, or sentencesof government employees for their complicity in humantrafficking.ProtectionThe Congolese government ensured access to care for labortrafficking victims during the reporting period, primarilythrough partnerships with NGOs and foster families. It failed,however, to identify and assist victims of sex trafficking andmade minimal efforts to identify victims beyond Pointe Noire.The government, in partnership with an NGO, identified 57foreign victims in Pointe Noire during the year, an increaseover the 32 they identified in 2011; 23 were repatriated to theircountries of origin, 27 were returned to their communitieswithin the country; and seven were placed with temporaryfoster families. These seven victims were subsequently eitherlocally re-inserted with apprenticeships or enrolled in school.All were victims of domestic servitude – including 24 adults,five of whom endured over 10 years’ enslavement; 23 of the57 victims were also exploited in forced labor in the markets.Victim identification was limited to foreign victims, as thegovernment failed to identify Congolese victims during theyear. The Ministry of Social Affairs (MSA) provided subsequentvictim care through NGOs and foster families – that receivedfinancial and material support from the MSA – and coordinatedwith other government agencies to repatriate victims. Thegovernment provided foster families the equivalent of $10per child per day to ensure the victims’ basic needs weremet. It also provided medical care on a case-by-case basisby partnering with local hospitals to subsidize these costs.Though the government offered foreign trafficking victims thesame access to accommodation in foster families as Congolesevictims and did not deport liberated foreign victims, it did not
  • 70. COSTARICA129provide temporary or permanent residency status to victimsduring the year. Law enforcement, immigration, and socialservices personnel did not employ systematic procedures toguide them in the proactive identification of victims amongvulnerable groups. Unlike in 2010, the government failed totrain its staff on victim identification in 2011. The governmentreported it encouraged victims to assist in the investigation andprosecution of their traffickers, though there is no evidenceof this during the year. In September 2011, the government –through an inter-ministerial commission – signed a bilateralagreement with the Government of Benin, and in February2012 finalized a joint action plan with a joint budget of theequivalent of $819,760 to be supported by both governments inpartnership with UNICEF; this agreement serves to support theinvestigation and extradition of alleged trafficking offenders.PreventionThe government made minimal efforts to prevent traffickingduring the year. The MSA, in cooperation with UNICEF, led andfunded the implementation of a 2011-2013 Action Plan to FightChild Trafficking; the government provided approximately theequivalent of $255,000 – in addition to its funding of victimprotection efforts during the year – and UNICEF contributedthe equivalent of $762,000 to the plan’s implementation. Thegovernment did not launch trafficking awareness campaignsduring the year; rather, NGOs held such events and UNICEFprovided the majority of funding for prevention activitiesin 2011. Although the MSA serves as the de facto lead entitycharged with implementing the action plan, the governmentfailed to establish a national coordinating body to guide itsefforts to combat trafficking, which hindered its progress.With its focus on protection efforts and child trafficking,the action plan fails to address weaknesses in prosecutingtrafficking offenders and countering the trafficking of adults.The government began development of a 2012-2014 ActionPlan, but decreased the line item in the budget – from theequivalent of $100,000 to $20,000 – for the MSA’s anti-trafficking work in the 2012 budget. The government did nottake measures to reduce the demand for commercial sex actsduring the reporting period. The National Assembly approveda measure to ratify the 2000 UN TIP Protocol in August 2011which currently awaits Presidential signature.COSTA RICA (Tier 2)Costa Rica is a source, transit, and destination country formen, women, and children subjected to sex trafficking andforced labor. Costa Rican women and children are subjected tosex trafficking within the country, and residents of the northand central Pacific coast zones are particularly vulnerable tointernal trafficking. Women and girls from Nicaragua, theDominican Republic, and other Latin American countries havebeen identified in Costa Rica as victims of sex trafficking anddomestic servitude. Child sex tourism is a serious problem,particularly in the provinces of Guanacaste, Limon, Puntarenas,and San Jose. Child sex tourists arrive mostly from the UnitedStates and Europe. Costa Rica is a destination from otherCentral American countries and from Asian countries formen subjected to conditions of forced labor, particularly inthe agriculture, construction, and fishing sectors.The Government of Costa Rica does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During theyear, the government achieved its first conviction under its2009 trafficking law, increased anti-trafficking training forgovernment officials, granted several foreign victims temporaryresidency status with permission to work, and strengthenedprevention efforts. Although authorities provided servicesto trafficking victims through programs focused on generalvictims of crime or vulnerable children, specialized services fortrafficking victims remained uneven, and the government didnot fund dedicated shelters for trafficking victims. Prosecutionefforts remained weak, and some officials conflated humantrafficking with smuggling.Recommendations for Costa Rica: Intensify efforts toinvestigate and prosecute trafficking offenses, and convictand punish trafficking offenders; strengthen dedicatedprosecutorial and police units through increased resourcesand training; fund specialized services for trafficking victims,possibly through the establishment of a shelter specificallyfor trafficking victims or through funding NGOs to provideservices; ensure that cases of trafficking not involvingmovement are investigated and prosecuted and that victimsof these crimes receive appropriate services; continue to trainofficials, including labor inspectors, to identify and respondto trafficking cases; and improve data collection for lawenforcement and victim protection efforts.ProsecutionThe Government of Costa Rica made modest improvements toits anti-trafficking law enforcement efforts over the last year. Itconvicted a trafficking offender and increased anti-traffickingtraining for officials during the year. Costa Rican law prohibitsall forms of human trafficking. Article 172 of the penal codeprescribes penalties of six to 16 years’ imprisonment for themovement of persons across borders and within the country forthe purposes of prostitution, sexual or labor servitude, slavery,forced work or services, servile marriage, forced begging, orother forms of compelled service. This statute also prohibitsillegal adoption, a crime separate from human trafficking.The penalties set forth in amended Article 172 are sufficientlystringent and commensurate with those prescribed for otherserious crimes, such as rape. Article 189 of the penal codeprohibits holding a person in servitude, prescribing penaltiesof four to 12 years’ imprisonment. Cases of sex traffickingor forced labor not involving movement were therefore notconsidered human trafficking under Costa Rican law, althoughthey were criminalized under penal code statutes prohibitingholding a person in servitude and aggravated pimping.The unit for “people smuggling, human trafficking, andcrimes against persons” within the investigative police (OIJ)reported investigating 23 trafficking cases, 14 of whichinvolved sex trafficking and four of which involved labortrafficking. Several law enforcement operations were conductedin partnership with NGO staff. Authorities did not reporthow many trafficking cases were prosecuted during the
  • 71. 130COTED’IVOIREyear; however, they convicted one sex trafficking offenderusing the 2009 trafficking law, sentencing him to 12 years’imprisonment. There was no specialized prosecutorial unitfor trafficking crimes, though the Prosecutor General issuedguidelines establishing that its organized crime office wasresponsible for prosecuting trafficking cases. However, thisunit had insufficient resources. NGOs and officials notedthat some police and prosecutors conflated trafficking withsmuggling. Government ministries provided training to over700 government officials often in partnership with civilsociety organizations. Authorities initiated the investigationof a mayor for possible trafficking crimes but did not reportany prosecutions or convictions of public officials complicitin human trafficking during the year.ProtectionThe Costa Rican government maintained efforts to identifyand assist trafficking victims, although access to specializedservices, including shelters, remained limited. The governmentcontinued to implement its “immediate attention” protocol,which defined the steps for different government institutionsthat compose the emergency response team to receive, identify,protect, and provide integrated assistance to victims. However,NGOs asserted that these victim identification and referralmechanisms were not always effectively implemented. Policereported identifying 39 possible trafficking victims, 31 ofwhom were Costa Rican. Authorities also reported assisting75 child victims of commercial sexual exploitation and 60child victims of labor exploitation, and it is likely that manyof these were trafficking victims.The Office for Care and Protection of Victims of Crime(OAPVD) provided emergency services as well as legal,psychological, and basic health assistance to victims ofall crimes participating in the criminal process, includingtrafficking victims. OAPVD staff received training on humantrafficking from an international organization during the year,and reported assisting seven trafficking victims in 2011. Thegovernment did not, however, provide or fund specializedshelters dedicated to human trafficking victims. Authoritiesmaintained emergency government shelters for female victimsof domestic violence and short-term shelters for at-risk youth,although it was unclear if trafficking victims received servicesat these shelters during the year. The government relied onNGOs and religious organizations to provide specializedcare for trafficking victims and provided approximately$200,000 in funding to two NGOs to provide some servicesto adults and children in prostitution. NGOs noted the lackof specialized shelters for trafficking victims, particularlychild sex trafficking victims, and authorities reported that thebulk of victims identified by police refused services offered tothem. Authorities reportedly sheltered some victims in hotelsor rented houses on a temporary basis.The government granted temporary residency status withpermission to work to eight foreign victims during thereporting period. Costa Rican authorities encouraged victimsto assist with the investigation and prosecution of traffickingoffenders, and several victims did so during the reportingperiod, although others did not collaborate with investigationsdue to a lack of confidence in the judicial system. Fundingfor witness protection increased but remained limited. Thegovernment did not penalize identified victims for unlawfulacts committed as a direct result of being trafficked.PreventionThe Government of Costa Rica increased prevention effortsduring the reporting year. In partnership with an internationalorganization and with foreign government funding, CostaRican authorities launched an extensive awareness campaignduring the year. The government’s anti-trafficking directorate,which coordinated the national anti-trafficking coalition,continued to lead government efforts. The coalition metsix times during the year and its four committees reportedmeeting on a monthly basis, a significant increase from theprevious year, when the coalition only met twice. Duringthe year it drafted a new comprehensive anti-trafficking law,developed a national action plan on human trafficking andhuman smuggling, and educated over 2,000 students andcivil society members. Authorities partnered with civil societyorganizations and the tourist industry to train companies toidentity and report commercial sexual exploitation of children,resulting in increased reports to the tourist police duringthe year. However, there were no reported investigations,prosecutions, or convictions of child sex tourists during thereporting period. The government reported no other effortsto reduce the demand for commercial sex or forced labor.COTE D’IVOIRE (Tier 2)Cote d’Ivoire is a source, transit, and destination countryfor women and children subjected to forced labor and sextrafficking. Trafficking within the country is more prevalentthan transnational trafficking, and the majority of victims arechildren. Within Cote d’Ivoire, women and girls are subjectedprimarily to forced labor in domestic service and restaurantsand to forced prostitution. Ivoirian boys are subjected to forcedlabor within the country in the agriculture and service sectors.Boys from Ghana, Mali, Burkina Faso, Benin, Togo, and Ghanaare also found in Cote d’Ivoire in forced agricultural labor,including on cocoa, coffee, pineapple, and rubber plantations,in the mining sector, and in carpentry and construction. Girlsrecruited from Ghana, Togo, and Benin to work as domesticservants and street vendors often are subjected to forcedlabor. Some women and girls who are recruited from Ghanaand Nigeria to work as waitresses in restaurants and bars aresubsequently subjected to forced prostitution.The Government of Cote d’Ivoire does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During thereporting period, the new government remained hampered bylimited resources and the lack of a functioning law enforcementand judicial system, as well as by insufficient knowledge oflaw enforcement officials and judges about the phenomenonof human trafficking. Despite these circumstances, thegovernment was able to take several tangible steps towardsaddressing human trafficking during the year: convicting asuspected trafficker; identifying and rescuing three victims;establishing the Joint Ministerial Committee on the Fightagainst Trafficking, Exploitation, and Labor; creating a nationalplan of action on human trafficking; and putting in placethe National Monitoring Committee on Actions to FightTrafficking, Exploitation, and Child Labor, overseen by thefirst lady. The government also allocated the equivalent of$206,000 to build two shelters for victims of child trafficking.
  • 72. COTED’IVOIRE131Recommendations for Cote d’Ivoire: Increase efforts toinvestigate and prosecute trafficking offenses, and convictand punish trafficking offenders, particularly those whoexploit children in the commercial sex trade or in forced labor;intensify efforts to identify, prosecute and punish forced childlabor offenses in cocoa plantations; develop and enactlegislation to criminalize all forms of adult trafficking anduse this and existing legislation to prosecute traffickers,particularly those who exploit women in commercial sexualexploitation and men in forced labor; train law enforcementofficials to follow established procedures to identify potentialtrafficking victims and refer them to protective services; andimprove efforts to collect law enforcement data on traffickingoffenses, including cases involving the trafficking of adultsthat are prosecuted under separate statutes in the penal code,and make this data available to other government agenciesand the general public.ProsecutionThe Government of Cote d’Ivoire demonstrated some progressin its law enforcement efforts against human trafficking duringthe reporting period. In September 2010, before the civilwar, the government passed Law No. 2010-272 Pertainingto the Prohibition of Child Trafficking and the Worst Formsof Child Labor, its first specific law punishing traffickingoffenses. The law establishes penalties for compelling childreninto or offering them for prostitution from five to 20 years’imprisonment and a fine; these penalties are sufficientlystringent, but not commensurate with penalties prescribedfor other serious offenses, such as rape. The law’s penaltyfor submitting a child to forced labor or situations akin tobondage or slavery is 10 to 20 years’ imprisonment and afine, punishments which are sufficiently stringent. Penal codeArticle 378 prohibits the forced labor of adults and children,prescribing a sufficiently stringent penalty of one to five years’imprisonment and a fine of the equivalent of approximately$800 to $2,200. Article 376 criminalizes entering into contractsthat deny freedom to a third person, prescribing a punishmentof five to 10 years’ imprisonment and a fine. Pimping andexploitation of adults and children in prostitution by meansof force, violence, or abuse is outlawed by Articles 335-336.In December 2011, the Labor Advisory Board received a draftdecree on involuntary domestic servitude, which it has yetto issue. The decree would punish trafficking offenders andthose involved in the illegal use of child domestic workers.Despite a seriously weakened law enforcement system dueto the civil war, in early 2012 the government convictedone trafficking offender for subjecting a Burkinabe girl tocommercial sexual exploitation in Cote d’Ivoire. The traffickingoffender was tried under the Ivorian penal code and sentencedto three years’ imprisonment. The trafficking offender was nottried under Law No. 2010-272 Pertaining to the Prohibition ofChild Trafficking and the Worst Forms of Child Labor becauseit has not yet been sufficiently popularized among magistrates.The new national action plan released in early 2012 seeksto redress this lack of awareness. The police departmentcontinued to search for the traffickers of two other femalevictims, a Beninese girl of 12 years and an Ivoirian girl of 13years. Both victims provided information on their traffickersrelating to the investigation. The seven-person Anti-TraffickingUnit within the National Police did not receive anti-traffickingtraining during the reporting period; however, the governmentdid provide it with new offices and the equivalent of $1,356towards investigations. The government did not report anyinvestigations, prosecutions, or punishment of governmentemployees for their complicity in trafficking-related activities.ProtectionThe Ivoirian government made limited efforts to protectvictims of trafficking during the last year. Law enforcementauthorities remained inadequately staffed and trained anddid not employ systematic procedures to proactively identifytrafficking victims among vulnerable groups, though threevictims were identified in 2011. One victim was identified bythe Directorate of Child Protection of the Ministry of Family,Women and Children after she had reached out to neighbors forhelp. The neighbors contacted the local police, who removedthe child into a foster family, after which the Directorate ofChild Protection brought her to a reception and rescue centerin Abidjan. She has since been repatriated to Burkina Faso. Theother two trafficking victims were identified and rescued bythe Directorate of the Fight against Trafficking and JuvenileDelinquency of the Ministry of Interior. The governmentdid not offer any specialized training to law enforcementand immigration personnel on identifying and interviewingvictims of trafficking. In 2011, the president establishedthe National Monitoring Committee to Fight Trafficking,Exploitation and Child Labor, which began drafting a nationalaction plan on child labor and trafficking. Local NGOs rantwo multi-purpose shelters that cared for an unknown numberof foreign and Ivorian child trafficking victims. Both receivedreferrals of victims from law enforcement. The governmentoperated no care facilities for foreign or domestic traffickingvictims; however, it resurrected efforts begun under theprevious administration to build two shelters for childvictims – including trafficking victims – by allocating theequivalent of $206,000 for construction of the shelters. TheMinister of Family, Women, and Children established a pilotproject inside her ministry dedicated to caring for victimsof gender-based violence. During the reporting period, thisproject cared for 250 women, some of whom may have beentrafficking victims, although the ministry did not screen theprogram’s beneficiaries to identify trafficking victims. Thegovernment neither encouraged nor discouraged victims inparticipating in investigations or prosecutions of traffickingoffenders, although all three trafficking victims rescued thisyear provided information against their traffickers. Therewere no reports that victims were detained, fined, or jailed forunlawful acts committed as a direct result of being trafficked;however, the government did not make adequate efforts toidentify adult trafficking victims, which may have left somevictims unidentified in the law enforcement system.PreventionThe Government of Cote d’Ivoire demonstrated sustainedefforts to prevent trafficking during the reporting period,primarily by conducting public sensitization programs ineight villages across the country. The sensitization programs
  • 73. 132CROATIAaddressed such issues as defining child trafficking and learningto identify child trafficking victims. Through television andradio shows, as well as workshops and outreach events, theMinistry of Justice sought to educate the public about theSeptember 2010 law against child trafficking and worst formsof child labor. The awareness campaign included paper posters,billboard posters, radio broadcasts, and presentations inpublic places. The Ministry of Labor provided the equivalentof approximately $20,000 for awareness posters. Funding forthe overall campaign was not reported, as various ministriesprovided inputs independently. The program broadly targetedthe community and vulnerable populations by conveyinginformation such as the worst forms of child labor, the rightsof a child, the consequences of hazardous work on a child’shealth, the role of local communities in the fight againsttrafficking and child labor, and the national care procedurefor victims. The government made significant strides inestablishing a framework for monitoring and combatingtrafficking in persons. In the fall, through a presidential decree,the government established the Joint Ministerial Committeeon the Fight against Trafficking, Exploitation, and Child Labor,which is led by the Ministry of Labor and supported by theMinistry of Family, Women, and Children. The presidentalso created the National Monitoring Committee on Actionsto Fight Trafficking, Exploitation, and Child Labor, which isoverseen by the first lady, to ensure interagency cooperationand ongoing government activity on trafficking matters. Thecommittee met twice a month and drafted a national actionplan against the worst forms of child labor and child traffickingin early 2012. As part of the Mali-Cote d’Ivoire bilateral accord,the Malian and Ivoirian first ladies met in October 2011 tointensify their joint efforts against trafficking. The Ivoriangovernment budgeted the equivalent of $12,000,000 to fightworst the forms of child labor and child trafficking over thenext three years. In January 2012, the Ministry of Labor signeda bylaw that updated the list of hazardous works prohibited forchildren. The government employed 25 child labor inspectorsduring the reporting period; however, no trafficking victimswere identified as a result of their inspections. Governmentofficials took part in a training course on human trafficking atthe training center in Turin, Italy, which was financed jointlyby the center and the government of Cote d’Ivoire.CROATIA (Tier 1)Croatia is a destination, source, and transit country for men,women, and children subjected to conditions of sex traffickingand forced labor. Croatian women and girls fall victim tosex trafficking within the country and throughout Europe.Women and girls from the United States, Serbia, Bosnia andHerzegovina, and other parts of Eastern Europe are subjectedto sex trafficking in Croatia. Women and men reportedly havebeen subjected to forced labor in agricultural sectors, andchildren, including Roma, are subjected to forced begging,pickpocketing, and labor. A report by the Council of Europe’sGroup of Experts on Action against Trafficking in HumanBeings (GRETA) concluded that the extent of trafficking inCroatia could be considerably higher than that identified bythe government.The Government of Croatia fully complies with the minimumstandards for the elimination of trafficking. Over the last year,the Croatian government continued its efforts to combattrafficking, notably by incorporating NGOs into its interagencyanti-trafficking operational team and into mobile victimidentification teams. The government sustained funding forvictim services through NGOs. Nevertheless, the government’sefforts to protect child victims of sex trafficking were weak.The law did not automatically identify minors under theage of 18 as trafficking victims; trafficking cases involvingminors were sometimes prosecuted under the forced pimpingstatute. Further, the National Committee for the Suppressionof Trafficking did not meet in 2011.Recommendations for Croatia: Intensify efforts to identifytrafficking victims proactively among vulnerable populations,particularly women and children in prostitution, childrenengaged in begging, and migrant men in the agriculturalsector; ensure that identified trafficking victims are notpunished for committing unlawful acts as a direct result ofbeing trafficked; adopt a policy and articulate that policythrough prosecutorial guidance, ordinances, or manuals, toensure that children in prostitution are not prosecuted forprostitution offenses; ensure that training of law enforcementofficials, including non-specialist law enforcement officials,about the principle of non-prosecution of trafficking victims,including children in prostitution; reconvene the government’sNational Committee for the Suppression of Trafficking;strengthen partnerships with NGOs to enlist their help inidentifying victims during authorities’ initial contact withpotential victims among women and children detained forprostitution offenses; vigorously investigate, prosecute, andconvict trafficking offenders; ensure that trafficking offendersare punished with sentences commensurate with the gravityof the crime committed; intensify investigations of traffickingcrimes in high tourism sectors and other areas with prostitution;strengthen partnerships with key tourism areas to ensureeffective victim identification at the Adriatic coast; expandawareness efforts to educate clients of the sex trade about thedemand for commercial sex acts and forced labor; and educatethe public about prostitution and its links to trafficking.ProsecutionThe Government of Croatia sustained its law enforcementefforts during the reporting period. Croatia prohibits bothforced labor and sex trafficking through Criminal Provision175 of its penal code. Provision 175 prescribes penalties ofone to 10 years’ imprisonment; these penalties are sufficientlystringent and are commensurate with those prescribed for rape.During the year, the government investigated 37 suspectedtrafficking offenders, in contrast to 19 suspected investigatedin 2010. Croatian authorities prosecuted 14 alleged traffickingoffenders in six cases, in contrast to 10 prosecuted in 2010.Five of the cases concerned sex trafficking; one case involvedboth sex and labor trafficking. The government convictedseven trafficking offenders, five under the trafficking statuteand two for forced pimping; in 2010, they convicted three.The convicted offenders prosecuted under the traffickingstatute were sentenced to prison terms of from one-month’simprisonment to three years’ and four months’ imprisonment.
  • 74. CUBA133The two trafficking offenders convicted under the forcedpimping statute received prison sentences of nine years and twoyears and three months. This was a significant increase fromprison sentences in 2010, in which the highest sentence awardedwas one year and six months’ imprisonment. The Ministry ofInterior conducted a variety of anti-trafficking trainings forpolice officers and border officials in 2011, reaching over 1,300officials in seminars throughout the country. The Croatiangovernment collaborated with both Spanish and Irish lawenforcement officials to investigate trafficking cases. Thegovernment did not report the investigation, prosecution,conviction, or sentencing of any public officials complicit inhuman trafficking.ProtectionThe Croatian government sustained its victim protection effortsin 2011, although, as a policy matter, the Croatian governmentdid not identify children in prostitution as trafficking victims.The government funded two NGO trafficking shelters, onefor adults and one for women and children; the governmentalso provided three reception centers to provide victims withcare before they could be transported to the shelters. TheCroatian government provided the equivalent of $70,381 tofund the shelters in 2011, level with the $68,759 providedin 2010. Foreign victims were offered the same standard ofcare as domestic victims, including medical care, education,legal assistance, psychological care, and assistance findingemployment. The Croatian government provided the equivalentof an additional $125,490 in funding for care services, a helpline, health care, education, professional training, and legalaid. Adult victims were allowed to leave shelters at will andwithout chaperones. In 2011, the government identified 11victims of trafficking, of whom nine were sex traffickingvictims, one was a labor trafficking victim, and one wasexploited for both labor and sex. In 2010, twelve victimswere identified. NGOs and other entities did not identifyany victims of trafficking. In total, the Croatian governmentfunded the care of ten victims of trafficking – four in thechildren’s shelter and six in the adult shelter. The governmentcontinued employing a national referral mechanism to identifyand care for victims, and began deploying mobile teams withNGO participation to identify and refer trafficking victimsfor assistance. The Croatian government has designated atrained social worker in each of Croatia’s 21 counties toassist trafficking victims. The Croatian government did notautomatically identify children in prostitution as traffickingvictims. The Croatian government extended the term of the“reflection period” granted to suspected victims of traffickingfrom 30 days to 60 days for adults and 90 days for children. Thegovernment provided legal alternatives to removal for victimsof trafficking facing hardship or retribution at home throughits temporary residency permits for victims – initially validfrom six months to one year, and subject to extension by thegovernment based on a subsequent needs assessment. Thereis no legal limit to the amount of time a trafficking victim canspend in the shelter. The government of Croatia encouragedvictims to assist in the prosecution of trafficking offenders byproviding victims with free legal aid. Eight victims testifiedagainst their offenders during the reporting period. An NGOstudy claimed that the government inadequately protectedtrafficking victims’ rights when they required the victims totestify repeatedly during trial.PreventionThe Croatian government sustained its efforts to preventtrafficking in persons during the year. The Croatian governmentcoordinated anti-trafficking activities through a number ofmechanisms: a national coordinator housed in the Officefor Human Rights; a cabinet-level National Committee; andan Operational Team composed of government officials andNGO representatives. The government’s National Committeefor the Suppression of Trafficking did not meet in 2011,although the Operational Team to Suppress Trafficking metmonthly. NGOs expressed concern that their voices werenot given sufficient weight within the Operational Teamduring 2011. In February 2012, the government adopted anew National Plan for Combating Trafficking in Persons.The government conducted a number of anti-traffickingawareness-raising campaigns in 2011, including three anti-trafficking public service announcements that it broadcast ontelevision. The government led anti-trafficking efforts for EUAnti-Trafficking Day, including information booths, leaflets,and anti-trafficking performances. The government provided$27,000 to NGOs for prevention efforts. Between April andDecember 2011, NGOs led anti-trafficking awareness-raisingsessions in primary and secondary schools, reaching 1,734primary school students, and 1,078 secondary school students.The Ministry of Interior reported that it intensified measures toprevent prostitution by monitoring restaurants and night clubs,but did not otherwise report efforts to reduce the demand forcommercial sex acts. In an effort to address vulnerabilitiesto trafficking in Croatia’s tourist area, the Croatian HumanRights office organized a lecture for 20 tourism workers ata popular spa resort near Zagreb. The Croatian governmentprovided anti-trafficking training to members of the Croatianarmed forces prior to their deployment abroad on internationalpeacekeeping missions.CUBA (Tier 3)Cuba is a source country for adults and children subjectedto sex trafficking and forced labor. Prostitution of childrenreportedly occurs in Cuba, and the country’s laws do not appearto penalize prostitution of children between the ages of 16 and18. There have been past instances of Cuban citizens forcedinto prostitution abroad. There have also been allegations ofcoerced labor, particularly with Cuban work missions abroad.Some Cubans working abroad have stated that postings arevoluntary and well paid; however, others have claimed thattheir passports have been withheld by Cuban authorities andmovement restricted. The scope of trafficking involving Cubancitizens is particularly difficult to gauge due to the closednature of the government and sparse non-governmental orindependent reporting.The Government of Cuba does not fully comply with theminimum standards for the elimination of trafficking andis not making significant efforts to do so. Although mediasources reported the government prosecuted and convictedthree sex traffickers in 2011, the government did not respondto requests for information on such sex trafficking and forcedlabor prosecutions or on trafficking-specific victim protectionand prevention efforts that occurred during the reportingperiod.
  • 75. 134CURACAORecommendations for Cuba: Prohibit sex trafficking of allpersons under the age of 18; in partnership with traffickingvictim specialists, ensure adults and children have access tospecialized trafficking victim protection and assistance; takemeasures to ensure identified sex and labor trafficking victimsare not punished for unlawful acts committed as a direct resultof being trafficked; and publicize measures to address humantrafficking, including prosecution data, protection efforts,and prevention measures.ProsecutionThe Government of Cuba did not report on its efforts toprosecute trafficking offenses that occurred during thereporting period. Cuba appears to prohibit most forms oftrafficking activity through various provisions of its penalcode; however, the use of these provisions could not be verified,and prostitution of children age 16 and older is not prohibited,leaving those children particularly vulnerable to sex trafficking.The government did not share official data for the reportingperiod relating to Cuban investigations, prosecutions, andconvictions of trafficking offenders, including any officialscomplicit in human trafficking, in 2011. In a positive steptoward transparency, the government reported it hadprosecuted two sex trafficking cases in previous years. Themedia reported that the government convicted and handeddown lengthy prison sentences to several people involved withorganizing and benefiting financially from child prostitution,a form of sex trafficking. The government did not report anyspecific anti-trafficking training provided to officials in 2011.ProtectionThe government did not publicize official data on protection oftrafficking victims during the reporting period. The governmentdid not report any trafficking victim identifications orprocedures in place to guide officials in proactively identifyingtrafficking victims among vulnerable groups – such as personsin prostitution – and referring them to available services. Thegovernment operated three well-regarded facilities for thetreatment of children who have been sexually and physicallyabused. In addition, the government operated a nationwidenetwork of shelters for victims of domestic violence or childabuse, but the government did not verify if trafficking victimsreceived treatment in these centers. The government providedno evidence that it encouraged trafficking victims to assist inthe investigation and prosecution of trafficking offenders. Thegovernment did not report on the existence of any policies toensure that identified trafficking victims were not punishedfor crimes committed as a direct result of being trafficked.PreventionThe government did not report any anti-trafficking preventionefforts that occurred during the reporting period. Thegovernment did not implement any known public awarenesscampaigns to prevent forced labor or forced prostitution. Thegovernment did not report the existence of an anti-traffickingtask force, anti-trafficking action plan, or monitoringmechanism. Transparency was lacking in the government’strafficking-related policies and activities; it did not reportpublicly on its efforts. The government made no known effortsto reduce the demand for commercial sex. The governmenthas not reported identification of a child sex tourism probleminvolving its nationals or within Cuba, though there wereindications that child sex tourism was a problem. Cuba isnot a party to the 2000 UN TIP Protocol.CURACAO (Tier 2)*Curacao is a source, transit, and destination for women,children, and men who are subjected to sex trafficking andforced labor. There are indications that child prostitution maybe a problem in Curacao and that some of the hundreds ofmigrant women in Curacao’s illegal and regulated sex trades arevictims of forced prostitution. It is unclear how the recruitmentprocess works for Curacao’s walled, legal, brothel in a remotearea that offers “24/7 access to more than 120” foreign womenin prostitution. Local authorities believe that migrant workersalso have been subjected to forced domestic service and forcedlabor in construction, landscaping, and shops. Some migrantsin restaurants and local businesses may be vulnerable to debtbondage. Foreign trafficking victims originate from Colombia,the Dominican Republic, Haiti, and Asia.The Government of Curacao does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. During 2011,Curacao enacted articles in its criminal code prohibiting allforms of human trafficking. In contrast to previous years, thegovernment has not identified a trafficking victim or shownevidence of increasing efforts to protect victims.Recommendations for Curacao: Make a robust andtransparent effort to identify and assist potential victims ofsex trafficking and forced labor by implementing formalproactive victim protection measures to guide officials,including health workers, on how to identify victims and howto assist victims of forced labor and sex trafficking in the legaland illegal sex trade; integrate outreach by a Spanish-speakingvictim advocate, trained in human trafficking indicators, intoroutine health inspections at the legal brothel to ensure the*Curacao 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, Curacao is not a “country” to which the minimum standards for the elimination of trafficking in the Trafficking Victims ProtectionAct apply. This narrative reflects how Curacao would be assessed if it were a separate, independent country.
  • 76. CYPRUS135rights of women in the brothel are protected and coordinatewith law enforcement if signs of trafficking arise; consult withThe Netherlands government on how it proactively findsvictims of sex trafficking within the sex trade; vigorouslyprosecute, convict and sentence trafficking offenders, includingany officials complicit in human trafficking; and implementa multilingual public awareness campaign directed towardpotential victims, the general public, and potential clients ofthe sex trade.ProsecutionThe government demonstrated modest efforts in theprosecution of trafficking offenders. In November 2011, thegovernment passed a new penal code containing articlesthat prohibit forced labor and sex trafficking and prescribespenalties ranging from nine to 24 years’ imprisonment. Thesepenalties are sufficiently stringent and commensurate withthose for other serious crimes, such as rape. The governmentreported one new investigation of an alleged trafficking offense,but no prosecutions or convictions of sex or labor traffickingoffenders occurred under the new statute or any other statutesthat had been used in the past to prosecute traffickingoffenders. There were no investigations or prosecutions ofofficials complicit in human trafficking. The governmentdid not offer law enforcement training to identify traffickingvictims and offenses.ProtectionThe government’s victim protection measures remainedweak over the last year. The government did not identify anytrafficking victims during the reporting period, comparedwith four victims identified in 2010 and 16 victims identifiedin 2009. The lack of identification of sex trafficking victims,despite a significant population of vulnerable foreign womenand girls in prostitution in Curacao’s sex trade, highlightsthe ineffectiveness of the government’s victim identificationmeasures. Organizations in Colombia and Venezuela reportedassisting trafficking victims who had been exploited in Curacao.The government did not ensure that health officials chargedwith regulating the Curacao brothel employed measuresaggressively to identify human trafficking victims and refersuspected victims for assistance. The government operatedmultipurpose shelters, but these facilities reportedly did notassist any trafficking victims during the reporting period. Thegovernment did not grant temporary or longer-term residencystatus to any foreign victims of trafficking during the year.The government did not report a policy to protect identifiedvictims from being punished for crimes committed as a directresult of being in a trafficking situation.PreventionThe government initiated few trafficking prevention effortsduring the year, such as multilingual public awarenesscampaigns about forced labor and forced prostitution. Atwo-day information campaign, held around the InternationalTrafficking in Persons Day, included televised videos, radioadvertisements, and other media outreach. The Curacaogovernment acknowledged by ministerial decree theobservance of the European Union Anti-Trafficking Day. Thegovernment did not have any awareness campaigns specificallytargeting potential clients of the sex trade in Curacao in aneffort to reduce the demand for commercial sex acts. Curacaodid not have a trafficking rapporteur to monitor and evaluateits anti-trafficking efforts. The government has not identifieda child sex tourism problem involving Curacao.CYPRUS (Tier 2 Watch List)Cyprus is a destination country for men and women who aresubjected to forced labor and sex trafficking. The governmenthas identified trafficking victims from Belarus, Romania,Bulgaria, Russia, Ukraine, Estonia, India, Pakistan, Vietnam,the Philippines, and Cameroon. Sex trafficking occurs withincommercial sex industry outlets in Cyprus, including bars,pubs, coffee shops, cabarets, and massage parlors. Foreignmigrant workers and asylum seekers from Eastern Europe andSoutheast Asia, as well as from some countries in Africa, aresubjected to forced labor within construction and agriculturalsectors, as well as the domestic work sector. A 2011 reporton labor trafficking in Cyprus found that migrant workersbrought into the country under a legal work program are highlyvulnerable to trafficking, particularly because of insufficientprotections and oversight of these temporary workers; thereport also noted that employers violate migrant workercontracts and rights, force them to live in inhuman conditions,and may abuse them. NGOs continue to report that Romachildren, as well as children of migrants and asylum seekers,remain especially vulnerable to prostitution and other formsof trafficking.The Government of Cyprus does not fully comply withthe minimum standards for the elimination of trafficking;however, it is making significant efforts to do so. Despitethese efforts, the government failed to demonstrate evidenceof increasing efforts to address human trafficking over theprevious reporting period; therefore, Cyprus is placed on Tier 2Watch List for the second consecutive year. Despite convictingan increased number of trafficking offenders, two of whichresulted in significant penalties, the government treatedtrafficking offenders leniently in 2011. Furthermore, thenumber of investigations declined in 2011, and the governmentdid not make critically needed improvements in protectionsfor trafficking victims. For example, the government failedto increase inspections of commercial sex establishmentsas well as in construction and agricultural sectors to ensureproactive identification of potential victims. Finally, thegovernment’s failure to vigorously prosecute and convictgovernment employees for trafficking-related complicitycontinued to be a significant obstacle to the government’sability to combat its trafficking problem.PRecommendations for Cyprus: Undertake greater measuresto vigorously prosecute, convict, and sentence traffickingoffenders, including officials who are complicit in trafficking;ensure proactive identification of all potential traffickingvictims in Cyprus by developing and implementing for allfrontline responders a comprehensive guide that outlinesidentification, referral, and protection procedures in vulnerable
  • 77. 136CYPRUSsectors including commercial sex, tourism, agriculture, anddomestic work; bolster the care to victims provided by theSocial Welfare Services by establishing formalized agreementswith NGOs; increase oversight and outreach to foreigndomestic migrant workers, including a consideration of anamendment to the requirement that ties them to their employerin Cyprus; continue to monitor the application of the visaregimes for performing artists, bar-maids, students, and otherpotential visa categories that might be used by traffickers;increase the role of the Independent Authority to proactivelyinvestigate reports of trafficking-related complicity; and ensurethat victims are responsibly repatriated and systematicallyoffered legal alternatives to their removal to countries wherethey may face possible retribution and hardship.ProsecutionThe Government of Cyprus maintained its efforts in theprosecution of suspected traffickers, but convictions andpunishment lagged behind. Cyprus prohibits both sex andlabor trafficking through its Law 87 (I) of 2007, which alsocontains protection measures for victims. Although penalties ofup to 20 years’ imprisonment are prescribed for sex trafficking,these penalties are not commensurate with those prescribedfor other serious crimes, such as rape. The governmentinvestigated 18 new suspected cases of trafficking in 2011,a decrease from 29 suspected trafficking cases in 2010. Themajority of trafficking offenders in Cyprus, convicted undernon-trafficking-specific statutes, continue to receive penaltiesfar below the available penalties under the 2007 traffickinglaw. As noted by a 2011 Council of Europe Report by theGroup of Experts on Trafficking (GRETA), the governmenthas yet to successfully convict an individual of the crime oftrafficking using its 2007 law. A 2011 research report noted adisproportionately low number of convictions related to thelarge number of prosecutions in the country. The governmentfully prosecuted and convicted ten trafficking offenders duringthe reporting period, an increase over 2010 when four personswere convicted. While the majority of sentences for theseconvictions ranged from a fine to 22 months’ imprisonment,there were two sentences handed down during the reportingperiod that marked a significant increase over previous years:one for 13 years and one for 11 years. In the December 2011case involving a Vietnamese woman subjected to domesticservitude, the suspects were charged under the traffickinglaw principally with sexual exploitation (which carries amaximum sentence of 10 years), and with rape, kidnapping,and possession of a weapon. The suspects ultimately wereconvicted of rape, kidnapping, and other offenses. Accordingto court transcripts, the employer who received the 13-yearsentence “sold” the woman for sex to two individuals aftershe complained about her workload and asked to leave; thosetwo individuals subsequently raped the victim. The employer’swife received a 60-day sentence in the case for lying to thepolice to protect her husband. During the reporting period, thepolice academy provided specialized anti-trafficking trainingto 80 police officers, and the government co-sponsored withan international organization an anti-trafficking training forthree prosecutors, 22 police officers, and 50 judges in October2011. The government devoted an additional officer to itsspecialized anti-trafficking unit, bringing its total staffing tosix officers, although the unit remained understaffed.The government has not begun the prosecution of a forcedlabor case from November 2009 when it investigatedinvolving 95 Romanians in the construction sector. Duringthe reporting period, the Attorney General closed the casebecause victims were unwilling to testify. However, Cypriotpolice submitted a request to re-open the case after activelyliaising with Romanian counterparts to facilitate the returnof some of the Romanian workers to Cyprus to testify againstthe alleged trafficker. The request is pending. The primesuspect has since been re-arrested for a different case and isa murder suspect; he remains free on bail related to that case.In August 2011, an NGO reported that the Attorney Generalclosed an investigation of a German diplomat for allegedlysubjecting a domestic worker to forced labor; the Nepalesehousekeeper reported to police that she was compelled to workexcessive hours. A 2011 research report on labor trafficking inCyprus noted a reluctance to charge employers, “who mightbe respectable citizens,” with charges of exploitation andtrafficking. Furthermore, the 2011 report on labor trafficking,issued by the Re-integration Center for Migrant Workers,found a tendency to reduce labor trafficking cases to labordisputes or press charges for lesser offenses. According tolocal observers, the alleged trafficking complicity of publicofficials continued to significantly impede the government’santi-trafficking efforts. NGOs continued to report direct andindirect involvement of law enforcement officers and seniorgovernment officials in trafficking. The government took someinitial yet inadequate steps to address this problem during thereporting period. In 2011, the government began prosecutionof the assistant chief of the Aliens and Immigration Unitfor his suspected involvement in trafficking. This unit hasdirect responsibility for the oversight and inspection of allbars, cabarets, and other commercial sex establishments inCyprus. NGOs had repeatedly reported concerns about thisofficer and asked for his transfer. During the year, policerequested the officer be placed in pre-trial detention; whilereleased on bail, he had allegedly intimidated the witnessesin the case. In February 2012, the court acquitted the officerand two other suspects after the witnesses recanted theirtestimony. The government suspended the assistant chief fromhis duties and launched an internal disciplinary case againsthim. Another member of the police force previously reportedas being prosecuted for trafficking-related corruption wasforced to leave the police force. His trial is still pending. Thegovernment has yet to convict or criminally punish a publicofficial for complicity in trafficking.ProtectionThe Government of Cyprus made limited improvements inits efforts to identify and protect trafficking victims duringthe reporting period. It failed to implement measures tosystematically identify trafficking victims, and the number ofvictims officially identified by Cypriot authorities continuedto decline. Country experts reported that Cyprus’s widespreadtrafficking problem continued to increase and noted anoverall reduction in investigations in locales where humantrafficking likely occurs. The government identified a total of32 trafficking victims during the reporting period, including16 victims of forced labor and 16 sex trafficking victims.This is a decline from 43 trafficking victims identified in2010. The government allocated the equivalent of $409,336for the continued operation of its trafficking shelter in 2011.Adult victims were allowed to leave the shelter unchaperoned,provided they first met with the police and social services to beinformed of potential risks. The government cared for a totalof 28 trafficking victims in the shelter in 2011, compared with26 in 2010. The government provided a total of the equivalentof $300,360 in rent subsidies and monthly allowances to 39
  • 78. CYPRUS137other victims who chose to stay in private apartments or hotels.NGOs continue to report that the shelter does not sufficientlyprovide services necessary for victims’ psychosocial recovery.The government has yet to formalize or initiate proceduresfor the safe repatriation of trafficking victims. Anti-traffickingpolice reported, however, that they conducted risk assessmentsprior to a victim’s repatriation to their country of origin. Thegovernment encouraged victims to participate in investigationsof trafficking cases and reported that 28 identified traffickingvictims cooperated with law enforcement in 2011; all 28 weregranted residence permits. The recent GRETA report citedinadequate protections for victim witnesses stating that oncethey end their cooperation with authorities, they lose theirresidence permit and are returned to their countries of origin.The government provided protection for victims that chose notto participate in investigations or prosecutions and grantedtemporary residency to one of these victims; two others whowere EU nationals received assistance and remain in Cyprus;and a fourth was repatriated.PreventionThe government demonstrated some efforts to preventtrafficking in Cyprus in 2011; however, overall progress onimplementation of the government’s 2010-12 National ActionPlan (NAP) continued to lag. The government provided theequivalent of $7,390 to an NGO to conduct an anti-traffickingawareness campaign during the reporting period. Passportofficials report they continue to distribute informationcards available in seven languages to potential traffickingvictims arriving at the airport, although this account isdisputed by an NGO. The government submitted on March30, 2011 a draft bill introducing stricter criteria to preventthe fraudulent recruitment of foreign workers. On September27, the Ministerial Committee for the Employment of ThirdCountry nationals decided to ban the entry of Myanmar andEthiopian national domestic workers, citing their particularvulnerability to trafficking. In August 2011, the governmentprinted posters and other materials aimed at general publicawareness. According to the GRETA Report, the governmentbegan work to draft a National Action Plan for traffickedchildren. As in previous years, local experts asserted thatcontinued and unchecked high demand for commercial sexacts on the island sustains a market for traffickers and that themajority of clients of the sex industry are Greek Cypriot men.A Republic of Cyprus interagency effort, in cooperation withan NGO, incorporated the issue of demand for commercialsex into anti-trafficking lectures at universities and militaryinstallations. The government reported it screened applicationsfor foreign “performing artists,” the work permit categorythat replaced the previous artiste visa that had been rife withabuse. The reported issuances of such “performing artists”permits was 339, compared with 460 in 2010. Of the former,82 permits were first-time issuances and the others wererenewals of existing permits. The government issued 246“barmaid” and “barman” work permits in 2011, comparedwith 323 in the previous year. Of these, 132 were issued tofirst-time workers in Cyprus, and the others were renewalsof existing permits. Of the 132, 65 workers are male and 67female. NGOs reported the abolishment of the artiste visamade little actual impact in Cyprus, instead shifting theproblem elsewhere to bars, massage parlors and coffee shops.Area Administered by Turkish CypriotsThe northern area of Cyprus is administered by TurkishCypriots; the area has declared itself the “Turkish Republicof Northern Cyprus” (“TRNC”). The United States does notrecognize the “TRNC,” nor does any other country exceptTurkey. The area administered by Turkish Cypriots is adestination for women originating from Eastern Europeancountries and subjected to conditions of forced prostitution.East European and Asian men and women also are subjectedto conditions of forced labor. According to an NGO, labortrafficking victims originating mainly from China, Pakistan,Philippines, Turkmenistan, Turkey, and Vietnam were exploitedin industrial, construction, agriculture, and domestic work,as well as in restaurants and retail sectors. According to localauthorities, women working in nightclubs and pubs whoreceived “hostess” or “barmaid” work permits in 2011 cameoverwhelmingly from Moldova, followed by Ukraine. Smallernumbers of women came from Morocco, Russia, Kyrgyzstan,Belarus, Kazakhstan, Turkmenistan, Kenya, and Paraguay.This area continued to be a zone of impunity for trafficking.In 2011, some Turkish Cypriot officials admitted that sextrafficking is a problem; pressure from civil society has resultedin some increased awareness and discussion of trafficking.However, Turkish Cypriot officials continued to fail to identifyformally any trafficking victims, as no formal definition of“victim” has been instituted. Most Turkish Cypriot authoritiescontinue to deny that trafficking is a significant problem in thearea, posing a serious challenge to assuring any protection forwomen from trafficking or the prosecution of their traffickers.Local observers continue to report a significant traffickingproblem with foreign women being deprived of their freedomin nightclubs.Although the authorities in the area administered by TurkishCypriots drafted an anti-trafficking bill in 2007, it has yetto make any progress on this legislation. Turkish Cypriotauthorities provided no specialized training on how to identify,investigate, or prosecute trafficking and most authoritiescontinued to confuse trafficking with prostitution andsmuggling. Sex trafficking crimes can potentially be prosecutedon charges of “living off the earnings of prostitution” or“encouraging prostitution,” but these charges are difficult tosupport in court. Persons convicted under these laws canreceive up to two years’ imprisonment. These penalties are notcommensurate with those prescribed for other serious crimesin the area administered by Turkish Cypriots. Forced labor canpotentially be prosecuted as a misdemeanor for “any personwho unlawfully compels any person to labor against the willof that person” and can receive up to one year imprisonment.NGOs report that organized crime elements are behind theownership and management of some of the nightclubs inthe north. Further, local observers report that local policeare complicit with traffickers and are directly involved in thetrafficking. Authorities hold the travel documents of foreignwomen working in nightclubs.Authorities do not have specialized procedures to identifytrafficking victims among vulnerable groups or to refer victimsto service providers, nor do they allocate any funding toanti-trafficking efforts or provide any specialized care orshelter for victims. Authorities reported that the Night ClubCommission increased its inspections within commercialsex establishments where women with hostess visas reside.However, deportation continued to be the most commonform of “rescue” the authorities use for women who complain
  • 79. 138CZECHREPUBLICabout their employment at nightclubs and who ask for helpfrom the local police. Although prostitution is illegal inthe area, female nightclub employees working as hostessesare required to submit to weekly health checks for sexuallytransmitted infection screening, suggesting tacit approvalby the authorities of the prostitution industry. If arrested onprostitution charges, a foreign worker is usually deportedwithin 24 hours. The Turkish Cypriot authorities issued 994“hostess” work permits and 21 “barmaid” work permits in2011. Authorities in 2010 reported issuing 977 “hostess” workpermits, including renewals, and 16 “barmaid” permits duringthe previous reporting period. Turkish Cypriot authoritiesreported an increase in inspections of labor sectors and trainedinspectors to improve working conditions. Authorities formallyidentified no labor trafficking victims because no formaldefinition of trafficking exists.Turkish Cypriot authorities did not conduct any anti-traffickingawareness campaigns during the reporting period.The “TRNC” does not fully comply with the minimumstandards for the elimination of trafficking and does notappear to be making significant efforts to do so. If the “TRNC”were assigned a formal ranking in this report, it would likelybe Tier 3.Recommendations for Turkish Cypriot authorities:Pass legislation specifically prohibiting all forms of humantrafficking; provide training for police and other front-lineresponders on victim identification techniques to locatetrafficking victims within commercial sex and labor sectors;create incentives for law enforcement and inspectors toproactively investigate trafficking; establish specializedprotection and assistance services and a shelter; and educateclients and the larger public about trafficking that generallytakes place within nightclubs and other sectors in the area.CZECH REPUBLIC (Tier 1)The Czech Republic is a source, transit, and destinationcountry for women who are subjected to forced prostitution,and a source, transit, and destination country for menand women subjected to forced labor. Women from manycountries including the Czech Republic, Slovakia, Ukraine,Russia, Nigeria, and Brazil are subjected to forced prostitutionin the Czech Republic and also travel through the CzechRepublic en route to Western European countries, includingGermany and the United Kingdom, where they are subjectedto forced prostitution. Roma women from the Czech Republicare subjected to forced prostitution and forced labor andin destination countries, including Sweden, Switzerland,Slovenia, and the United Kingdom. Men and women fromthe Czech Republic, Romania, Bulgaria, Moldova, Mongolia,Vietnam, Slovakia, Russia, Ukraine, and Sri Lanka are subjectedto forced labor in the construction, forestry, agricultural,manufacturing, and service sectors in the Czech Republic.During the year, there was a case of domestic servitude in thehouse of a foreign diplomat working in Prague. In general,there was a shift in the origin of victims of trafficking fromnon-European Union to European Union countries, suchas the Czech Republic, Slovakia, Bulgaria, and Romania.Employment agencies continue to be a leading source of labortrafficking in the country. These agencies often charge highfees to the workers, issue deceptive contracts, and withholdpay or identity documents until debts are paid.The Government of the Czech Republic fully complies withthe minimum standards for the elimination of trafficking.The government improved its anti-trafficking preventionby passing a series of new regulations to tighten controls onpotentially abusive labor agencies, including by raising barriersto entry into the market of labor agencies, levying fines againstillegal employment, and putting limits on the temporaryemployment of third country nationals. The overall number oflabor agencies decreased by 30 percent in the wake of passage ofthe regulations, although their total number remains very high.The Czech government passed a law permitting the impositionof criminal liability on corporations. The percent of traffickingoffenders serving time in prison for their offenses continued toincrease; all but one of the trafficking offenders convicted in2011 were sentenced to time in prison. While the governmentincreased prosecutions under labor trafficking statutes, it hasyet to achieve a final precedential court decision on labortrafficking. Labor trafficking victims were still identified ata lower rate than sex trafficking victims. Czech governmentfunding for victim care decreased during the year, thoughthe government collaborated with the European Union toincrease overall funding for this purpose. The governmentdid not undertake any large scale public awareness campaigns,including any campaigns about labor trafficking, this year,although it did undertake other prevention activities.C C P C T A ARecommendations for the Czech Republic: Robustlyimplement new regulations to monitor and – as appropriate–investigate and prosecute labor agencies to ensure that theydo not exploit foreign workers through debt bondage or forcedlabor using deceptive labor agreements, or the use of force orthreat of force; develop regulations or controls to coverpotential abuses of EU citizens, rather than only third-countrynationals; ensure that workers are given written contracts thatthey are able to understand, as required by new legislation;ensure that trafficking victims are thoroughly explained theirrights at the outset of identification, in a language theyunderstand; increase training of judges on anti-traffickinglegislation, including European Union law, on trafficking;modify existing trafficking identification criteria used by lawenforcement authorities to clearly incorporate indicators forforced labor; continue to train first responders, including laborinspectors, police, and state contracting officers, on labortrafficking victim identification criteria and evolving trendsin labor trafficking; ensure adequate shelter space is availablefor large-scale cases, including labor trafficking cases; continueto ensure that presumed victims of trafficking are referredpromptly to care; vigorously investigate and prosecute labortrafficking cases; strengthen bilateral coordination ontrafficking with source countries, including neighboring EUcountries; conduct large-scale public awareness raisingcampaigns, particularly on labor trafficking; considerincreasing minority representation on the Inter-MinisterialCoordination Group for Combating Trafficking in HumanBeings; and continue to increase referrals to victims forassistance by law enforcement personnel.
  • 80. CZECHREPUBLIC139ProsecutionThe Czech government’s law enforcement activities againsttrafficking improved this year; trafficking convictions doubledduring the reporting period, though no final labor traffickingconvictions were achieved using trafficking statutes. TheGovernment of the Czech Republic prohibits all forms oftrafficking in persons under Section 168 of its criminal code,revised in 2010, prescribing punishments of up to 16 years’imprisonment. These punishments are sufficiently stringentand commensurate with those prescribed for other seriouscrimes, such as rape. The government continued to prosecutesome trafficking cases investigated as human trafficking beforeJanuary 2010 under Sections 232a and 204 of the criminalcode. During the reporting period, the police conducted 19investigations of 29 offenders under Section 168, down from24 investigations of 35 offenders investigations conductedin 2010. In 2011, Czech authorities prosecuted 21 allegedtrafficking offenders under Section 168 and 12 individuals incases investigated before January 2010 under the old Section232a. In 2010, Czech authorities prosecuted 26 traffickingoffenders previously investigated under Section 232a, andprosecuted 15 offenders under Section 168. In 2011, theCzech government convicted ten offenders under Section168; an increase from the three offenders convicted underSection 168 in 2010. Seven of these offenders convicted in 2011received prison sentences higher than five years; two lowerthan five years; one trafficking offender received a suspendedsentence. Nine pre-2010 trafficking offenders were convictedunder Section 232a in 2011; seven such trafficking offendershad been convicted in 2010. All nine trafficking offenderswere sentenced to time in prison. Conviction rates for sextrafficking cases increased during the reporting period; lawenforcement authorities attributed this increase to improvedjudicial understanding of trafficking. Law enforcement officialsobserved that sex trafficking cases were easier to prosecutewhen there was use of violence or when the victim was clearlyvulnerable. While several labor trafficking cases resulted inconvictions, these convictions were appealed; courts have yetto produce a final judgment or conviction of labor traffickingcases under trafficking statutes. Given the use of non-typicalcoercive practices, Czech judges more readily view labor casesas simple fraud rather than trafficking. Both governmentofficials and NGOs observed that labor trafficking offenseswere difficult to prove, particularly in the absence of physicalviolence. The government trained law enforcement officials oninvestigating and prosecuting trafficking offenses. The Czechjudicial academy offered specialized training on trafficking;more prosecutors than judges attended the specialized training.In October 2011, the Ministry of Interior organized a two-dayanti-trafficking training for 60 police and prosecutors. TheCzech police maintained a specialized anti-trafficking unit;the unit organized 11 trainings for their investigators in 2011.Czech authorities collaborated on trafficking investigationsduring 2011 with foreign governments, including the UnitedKingdom, Ukraine, Romania, and Bulgaria. The Czechgovernment did not report the investigation, prosecution,conviction, or sentencing of any government employeescomplicit in trafficking.ProtectionThe Czech government had mixed victim protection effortsduring the reporting period. The government continued tofund its comprehensive Program of Support and Protection ofVictims of Trafficking in Human Beings, which was availablefor both foreign and Czech victims and provided for bothshort-term and longer-term assistance. Government-fundedNGOs provided shelter and care to approximately 100 victimsof trafficking in 2011, of whom at least 27 were newly identified.The government reduced its victim protection funding this yearby approximately twenty percent, providing the equivalentof approximately $250,000 to three NGOs specializing intrafficking in persons, a decrease from the $305,600 providedto NGOs in 2010. However, overall program funding wasincreased, as NGOs received EU matching funds for traffickingvictim care based on funding from the Czech government andother international organizations. The Ministry of Interiorprovided the equivalent of approximately $190,000 fortrafficking prevention projects and support for traffickingvictims who had entered into the Program. As of November2011, due to a change in the Ministry of Interior’s fundingmechanism, a Ministry of Interior agreement with two NGOpartners came to an end. The NGOs’ financing was not renewedon a longer term basis, though support for current victimsin the program continued throughout the reporting period.Subsequently, funds for all NGOs will be directed throughone NGO, in an effort to improve oversight of ministry funds.The government has adopted formal victim identificationprocedures and a victim referral mechanism, although NGOsraised concerns about the effectiveness of victim identificationin practice. NGOs observed that victims sometimes did nottrust officials or were too frightened to approach police. In2011, the government referred to the Program 10 victims oftrafficking; three were victims of labor trafficking, and sevenwere victims of sex trafficking. This was an increase from 2010,when the government referred seven new trafficking victimsto the Program. Police reported identifying an additional51 victims of trafficking who did not enter the program, incontrast to 76 victims last year. The government did notpenalize victims who entered the program for unlawfulacts committed as a direct result of their being trafficked,though victims not admitted to the program were potentiallyvulnerable to such penalties. NGOs did not report any victimsof trafficking outside the Program who were prosecuted fortrafficking offenses. Foreign victims who cooperated withinvestigators after the initial 60-day reflection period weregranted temporary residence, work visas, and support for theduration of the relevant legal proceedings. Upon conclusion ofthe court proceedings, victims had the opportunity to apply forpermanent residency. Three victims applied for this residencyprovision in 2011 and were granted permanent residency. Thegovernment encouraged victims of trafficking to participatein prosecutions, including by providing witness protectionduring trial; one trafficking victim was protected throughwitness protection this year.PreventionThe Czech government significantly improved its preventionactivities during the reporting period, particularly byincreasing efforts to prevent exploitative labor recruitment. Asof January 2012, the government hired 400 new staff membersfor the Labor Inspection Offices and increased inspectionrequirements. These inspectors were trained to identify labortrafficking victims and were empowered to collaborate withpolice and customs officials in investigating businesses andpotential labor exploitation. The government introducedseveral new regulations to address labor trafficking and abusiveemployment by labor agencies, including: requirements thatagencies have written work contracts, such as provisions thatthe contract must be able to be understood by the worker;
  • 81. 140DENMARKtighter rules governing the responsible representatives oflabor agencies; provisions requiring labor agencies to havebankruptcy insurance to cover at a minimum three months ofwages for all workers; and prohibiting agencies from assigningthird country nationals to temporary jobs. Under the newregulations, businesses engaged in illegal employment arebarred from government procurement for three years, losetheir business license, and are barred from re-applying for alicense for three years. As a result, the number of employmentagencies with permits dropped from 1,800 to 1,250, reducingthe number of potentially predatory agencies. Some of theseregulations applied primarily to third country nationals, whilethe employment of workers from other EU member states,such as Romania and Bulgaria, were governed by existingEU regulations. As of January 2012, the government adoptedlegislation permitting corporate criminal liability, enablingthe Czech Republic to ratify the United Nations Protocol toPrevent, Suppress, and Punish Trafficking in Persons. In 2011,the Ministry of Interior conducted a study of EU nationals inthe Czech labor market to prepare further activities on labortrafficking. The Czech government enhanced its outreach topotential trafficking victims abroad. The Ministry of ForeignAffairs organized five anti-trafficking trainings for consularofficers, reaching 50 attendees. The government published aRomanian language brochure on labor trafficking to distributeat the Czech Embassy in Bucharest. The government did notprovide specific funding for any major public traffickingawareness raising campaigns this year. The governmentorganized its anti-trafficking efforts through the Ministry ofInterior and through the Inter-Ministerial Coordination Groupfor Combating Trafficking in Human Beings. The NationalRapporteur’s office at the Ministry of Interior prepared acomprehensive annual report on anti-trafficking patterns andprograms, which it released publicly. The government alsoallocated the equivalent of $189,500 for NGO-run preventionactivities. The government funded an NGO-run hotline toidentify victims of trafficking; the hotline received calls from465 separate individuals, of whom thirty were calling onbehalf of groups of potential victims ranging from threeto thirty people. The government took no formal steps toreduce demand for commercial sex acts. The governmentprovided anti-trafficking training to Czech soldiers priorto their deployment abroad on international peacekeepingmissions.DENMARK (Tier 1)Denmark is primarily a destination and transit country forwomen and children from Africa, Southeast Asia, EasternEurope, and Latin America subjected to sex trafficking. Foreignmen and women working in agriculture, domestic and cleaningservice, restaurants, hotels, and factories remain vulnerableto forced labor. Unaccompanied foreign children who arrivein the country every year are vulnerable to human trafficking.Copenhagen’s relatively small red light district representsonly a small portion of the country’s larger commercial sexindustry, which includes brothels, strip clubs, and otherunderground venues.The Government of Denmark fully complies with theminimum standards for the elimination of trafficking. Duringthe year, the government maintained its efforts to investigateand prosecute sex trafficking offenders. The government tooksome important initial steps to address ongoing, seriousconcerns expressed by the anti-trafficking community about itstreatment of trafficking victims as criminal offenders. NGOsreport that potential trafficking victims often remain in jailfor immigration violations or petty crimes if they are notidentified within the 72 hour legal limit within which policeare able to detain a person without referral to a judge. Theinherent challenges of victim identification within this shorttime frame in a detention setting have been noted by countryexperts as a significant impediment to victim identification.Furthermore, the government’s emphasis on the preparedreturn of non-EU trafficking victims to their countries of origin,combined with reliance on rarely used non-trafficking specificmechanisms to grant trafficking victims immigration reliefto stay in Denmark through the course of an investigation,arguably resulted in a disincentive for victims to participatein law enforcement investigations and prosecutions.A T A ARecommendations for Denmark: Ensure immigrationstatus concerns do not override Denmark’s obligations toprotect trafficking victims, including children; ensure allpotential trafficking victims are provided with a meaningfulreflection period, consistent with the 2005 Council of EuropeConvention on Action Against Trafficking in Human Beings,Article 13 (Council of Europe Convention), to escape theinfluence of traffickers, begin their recovery, and/or make aninformed decision about cooperating with authorities;continue to follow through on plans to change and implementguidelines for police to take potential trafficking victims toa shelter rather than jail pending their identification, in orderto build trust and increase victims’ incentives to cooperatewith law enforcement; move towards a more victim-centeredapproach by establishing trafficking-specific short-and long-term legal residency for foreign trafficking victims, includingchild victims, more in line with the European Conventionand the Council Directive 2004/81/EC on the residence permitissued to third country nationals who are victims of traffickingin human beings and who cooperate with the competentauthorities; per the government’s new National Action Plan(NAP), issue further guidelines to prosecutors to ceaseprosecution of trafficking victims for crimes they committedas a result of their trafficking; consider strengthening the roleof government social workers and NGOs in the victimcertification process for non-EU foreign victims without legalstatus in Denmark; continue to build capacity to investigateand increase detection of forced labor victims by strengtheninglinks between labor unions and police; continue to vigorouslyinvestigate and prosecute trafficking offenses and convict andsentence sex and labor trafficking offenders under thetrafficking law; ensure traffickers receive sentencescommensurate with the heinous nature of the offense; andconsider appointing a national anti-trafficking rapporteur toimprove anti-trafficking results.ProsecutionThe Government of Denmark maintained its anti-traffickinglaw enforcement efforts in 2011. Denmark prohibits both